Frequently Asked Questions
Who is eligible for the State, Local, and Educational Tax Exemption?
The sale must be for the exclusive use of the government entity or a qualified 501(c)(3) educational organization with a regular faculty and curriculum.
How does the State, Local, and Educational Tax Exemption work?
Exempts manufacturers from excise tax on sales made to state/local governments or nonprofit educational organizations for their exclusive use.
What law authorizes the State, Local, and Educational Tax Exemption?
The State, Local, and Educational Tax Exemption is authorized under IRC §4221(a)(4)-(5) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §4221
Source: Internal Revenue Code, Title 26, United States Code
§ 4221. Certain tax-free sales(a) General ruleUnder regulations prescribed by the Secretary, no tax shall be imposed under this chapter (other than under section 4121 or 4081) on the sale by the manufacturer (or under subchapter C of chapter 31 on the first retail sale) of an article—(1) for use by the purchaser for further manufacture, or for resale by the purchaser to a second purchaser for use by such second purchaser in further manufacture,
(2) for export, or for resale by the purchaser to a second purchaser for export,
(3) for use by the purchaser as supplies for vessels or aircraft,
(4) to a State or local government for the exclusive use of a State or local government,
(5) to a nonprofit educational organization for its exclusive use, or
(6) to a qualified blood collector organization (as defined in section 7701(a)(49)) for such organization’s exclusive use in the collection, storage, or transportation of blood,
but only if such exportation or use is to occur before any other use. Paragraphs (4), (5), and (6) shall not apply to the tax imposed by section 4064. In the case of taxes imposed by section 4051 or 4071, paragraphs (4) and (5) shall not apply on and after October 1, 2028. In the case of the tax imposed by section 4131, paragraphs (3), (4), and (5) shall not apply and paragraph (2) shall apply only if the use of the exported vaccine meets such requirements as the Secretary may by regulations prescribe. In the case of taxes imposed by subchapter C or D, paragraph (6) shall not apply.
(b) Proof of resale for further manufacture; proof of exportWhere an article has been sold free of tax under subsection (a)—(1) for resale by the purchaser to a second purchaser for use by such second purchaser in further manufacture, or
(2) for export, or for resale by the purchaser to a second purchaser for export,
subsection (a) shall cease to apply in respect of such sale of such article unless, within the 6-month period which begins on the date of the sale by the manufacturer (or, if earlier, on the date of shipment by the manufacturer), the manufacturer receives proof that the article has been exported or resold for use in further manufacture.
(c) Manufacturer relieved from liability in certain casesIn the case of any article sold free of tax under this section (other than a sale to which subsection (b) applies), and in the case of any article sold free of tax under section 4053(6), if the manufacturer in good faith accepts a certification by the purchaser that the article will be used in accordance with the applicable provisions of law, no tax shall thereafter be imposed under this chapter in respect of such sale by such manufacturer.
(d) DefinitionsFor purposes of this section—(1) ManufacturerThe term “manufacturer” includes a producer or importer of an article, and, in the case of taxes imposed by subchapter C of chapter 31, includes the retailer with respect to the first retail sale.
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