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For Immediate Release
September 4, 2007
New York – Resale and Exemption Documents Go E-Tech
The Department of Taxation and Finance has authorized a
new policy pertaining to electronic versions of certain sales and use tax
resale and exemption documents – e-certificates. Paper copies of these
documents are still acceptable.
E-certificates are not available from the DOT.
Purchasers and sellers can establish their own means to electronically
issue and receive e-certificates. E-certificates must replicate the
current paper resale or exemption form issued by the Department. The form
does not have to look exactly like the paper form, but it must contain the
language that is on the form. If a purchaser or seller wishes to use an
e-certificate that has modified language, prior approval must be obtained
from the Department of Taxation.
In addition to reproducing all of the language that is
on the paper resale or exemption form, an e-certificate must contain
specific e-certification and electronic signature language.
To be valid, a seller must accept in good faith an
e-certificate that is properly competed within 90 days after delivery of
the property or service. This includes the purchaser’s signature. With
e-certificates, an electronic signature is required in lieu of a written
signature, as required on its paper counterpart. An e-signature has the
same validity and effect as a handwritten signature.
The same recordkeeping requirements for paper
certificates also apply to e-certificates.
If you would like additional
information on this topic or have any questions,
please contact the taxdesk@thesaltgroup.com
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