Here’s what happened.
GWUH purchased prepared meals for resale from 2016 to 2019, paying nearly $1 million in sales taxes on the meals at the time. It later sought a refund for the tax paid, claiming they were paid in error because the purchased prepared meals were resold.
At the time of purchase the hospital didn’t give the seller a certificate stating the meals were being purchased for resale. An easy oversight, really.
Washington, D.C., sales tax generally doesn’t apply to sales of personal property purchased for resale, but only when the proper procedure for claiming the exemption is followed. Per D.C. Code § 47-2010, sales of tangible personal property are subject to tax “until the contrary is established.”
How to establish the contrary? The vendor must collect a certificate bearing the name, address, and registration number of the purchaser and certifying that the property was purchased for resale. The code specifies that “in case no certificate is furnished or obtained prior to the time the sale is consummated, the tax shall apply to the gross receipts therefrom as if the sale were made at retail.”
The last bit is particularly important, so I’ll repeat it with emphasis: “In case no certificate is furnished or obtained prior to the time the sale is consummated, the tax shall apply to the gross receipts therefrom as if the sale were made at retail.”
When GWUH sought a refund of the roughly $1 million in sales tax paid, the Office of Tax and Revenue (OTR) denied the claim because GWUH didn’t give the seller a resale certificate at the time of purchase as required by D.C. Code § 47-2010. Upon appeal, both the Superior Court and the District of Columbia Court of Appeals upheld the OTR’s decision.
GWUH ended up liable for about $1 million in sales tax that it could have avoided paying, had it only provided the seller a resale certificate at the time of sale.
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