Last Updated on August 8, 2020
When a business purchases inventory to resell, they can do so without paying sales tax. In order to do so, the retailer will need to provide a Kansas Resale Exemption Certificate to their vendor.
Learn more about what a resale certificate is, how to get one and more.
What is a Resale Exemption Certificate?
When retailers purchase products to resell, they often don’t pay sales tax on the purchase. Instead of the retailer paying sales tax, the retailer charges sales tax to their customer on the final value of the merchandise. The collected sales tax is then sent by the retailer to the Department of Revenue.
For example, when a pet store purchases dog toys to sell in their store, by having a resale certificate, the pet store owner won’t pay sales tax on the transaction. When a customer purchases the dog toy, the retailer will charge sales tax to the customer based on the full price of the toy. The retailer will collect the sales tax from all their transactions and periodically (typically at the end of the month) send the sales tax to the state.
A resale certificate is the seller’s evidence why sales tax was not collected on a transaction. Similar names for a resale certificate include reseller number, seller’s permit, exemption certificate or reseller’s license. In order to prove a buyer intends to resell the product, they must provide a valid resale certificate to the seller of the goods.
Resale certificates are only intended to be used for inventory that will be resold and not intended for the tax-free purchase of items used in normal business operations such as paper, pens, etc.
Before a business starts selling products or providing taxable services, they must first get a Kansas Sales Tax Registration Number from the Kansas Department of Revenue. The Sales Tax Permit is sometimes referred to as a seller’s permit, sales tax number, or sales tax license.
The Sales Tax Permit and Resale Certificate are commonly thought of as the same thing but they are actually two separate documents. The Sales Tax Permit allows a business to sell and collect sales tax from taxable products and services in the state, while the Resale Certificate allows the retailer to make tax-exempt purchases for products they intend to resell.
Read more about how to register for a Kansas Sales Tax Registration Number. This number will be listed on the Resale Exemption Certificate.
A Resale Exemption Certificate (Form ST-28A) is available to download from the Kansas Department of Revenue.
ST-28A Resale Exemption Certificate Fillable Form
How to fill out the Kansas Resale Exemption Certificate – Form ST-28A
Filling out the ST-28A is pretty straightforward, but is critical for the seller to gather all the information.
If audited, the Kansas Department of Revenue requires the seller to have a correctly filled out ST-28A Resale Exemption Certificate. Without it correctly filled out, the seller could end up owing sales taxes that should have been collected from the buyer in addition to penalties and interest.
Steps for filling out the ST-28A Kansas Resale Exemption Certificate
Step 1 – Begin by downloading the Kansas Resale Exemption Certificate Form ST-28A
Step 2 – Identify the seller’s name, business address, Sales Tax Registration Number and a general description of what products or services the business sells
Step 3 – Describe the tangible personal property or services the buyer will be purchasing
Step 4 – Identify the name and business address of the buyer
Step 5 – The purchaser sign and date the certificate.
The resale certificate is kept on file by the seller and is not filed with the state.
Does a Kansas Resale Certificate Expire?
Certificates do not need to be renewed or updated if there is a recurring business relationship where the buyer purchases from the seller at least once every 12 months.
Are sellers required to accept resale certificates?
Sellers are not required to accept resale certificates, however most do. If the vendor doesn’t accept the certificate, the buyer will have to pay sales tax on the merchandise being purchased. In most cases, they will be able to get a credit for the sales taxes paid later on their sales tax filing.
What steps should a business take to accept a resale certificate?
When a business is presented with a resale certificate, it is the seller’s responsibility to verify the buyer’s information is correct and maintain records to demonstrate the seller’s due diligence. Failing to verify this information may put the liability of paying Kansas sales taxes on the seller.
Before accepting a resale certificate, a seller should:
- Review the resale certificate to make sure it is completely filled out.
- Verify the purchaser’s Tax Registration Number is valid and active by visiting the Kansas Department of Revenue’s website.
- Sellers are also responsible for examining the certificate and evaluating whether the goods sold are reasonably consistent with the purchaser’s line of business. For example, if the buyer’s business is a car dealership but they are wanting to purchase office supplies tax-free, the seller should investigate further.
- Keep a file of resale certificates. Resale certificates should be kept for at least three years.