| | | Dear : | E-newsline Volume 5 Issue 17 December 6, 2007
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 MUST READ: Contractors Exempted from Sales Tax Increase Purchases of Construction Materials for pre-Jan 3, '08 Contracts
Written by: Stephen M. Cordi with Ober, Kaler, Grimes & Shriver
On November 19, 2007, Governor Martin O’Malley signed into law House Bill 5, increasing the Maryland sales tax from 5 percent to 6 percent, effective January 3, 2008. The legislation did, however, include an exemption for contractors from the 1 percent increase for construction materials purchased to fulfill contracts entered into before January 3, 2008.
The Maryland Comptroller’s Office has issued Bulletin 07-02 describing the exemption and explaining how it may be claimed. The Bulletin is available on the Comptroller’s web site at www.marylandtaxes.com. The key features of the exemption are:
1) There are 3 ways to claim the exemption: File for refund directly with the Comptroller on Form COT/CD 205. For contractors who file sales tax returns, deduct up to $1,000 on Line 9 of the return. Claim the exemption directly from vendors using Form COT/CD 132 (a sample is included in Bulletin 07-02).
2) Vendor participation is voluntary; vendors are not required to accept Form COT/CD 132. You should ask your vendors if they will recognize the exemption certificate.
3) Contractors reporting the tax on out-of-state purchases for eligible projects should include on the 5 percent tax, along with any 6 percent transactions, on line 7 of their sales tax returns.
4) The exemption applies only to materials incorporated into the realty. Consumables, supplies, tools, equipment and services are excluded.
5) Bulletin 07-02 suggests, but does not expressly state, that the exemption applies if a contractor places a bid which cannot be altered or withdrawn before January 3, 2008, even though acceptance occurs on or after that date. ABC-Baltimore is seeking clarification from the Comptroller’s Office.
Stephen M. Cordi
Ober, Kaler, Grimes & Shriver
410-347-7689
smcordi@ober.com
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