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Sales tax on a gut renovation

Started by bobnay
about 13 years ago
Posts: 74
Member since: Oct 2011
Discussion about
I purchased a studio apartment in a co-op building and would like to do a gut renovation - (1) kitchen with new appliances and cabinets; (2) bathroom with new tub, toilet, vanity with sink, tile work all over; (3) Main room: new wood floors, new paint job. I received several quotes and am trying to figure out whether I have to pay sales tax on the renovations. I heard from another apartment resident that renovations are not subject to sales tax. Can someone please enlighten me about the rules regarding the sales tax on renovations. Thanks in advance, Bob
Response by uptown_joe
about 13 years ago
Posts: 293
Member since: Dec 2011

Look up Capital Improvements on the NYS tax department website. The short version is that for a qualified capital improvement to real property (i.e. a gut renovation), sales tax is due on materials only. Labor for capital improvements is not subject to sales tax. So when you buy cabinets, appliances, tile, etc., that is subject to sales tax. The contractor's work is not. The contractor is required to have you sign a Certificate of Capital Improvement form, to document their justification for not collecting sales tax.

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Response by bobnay
about 13 years ago
Posts: 74
Member since: Oct 2011

Uptown_Joe,
Thanks for your help. Where would I get the certificate of capital improvement form please?
Bob.

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Response by nyc_sport
about 13 years ago
Posts: 809
Member since: Jan 2009

Your contractor has the form. Note that the form in most respects really just shifts the risk of non-payment from the seller to the buyer.

There is a fair amount of "fine print" on how this breaks out for certain "materials" as well, and half of the contractors/trades will say the other half is doing it wrong (and some small percentage of those who insist on collecting sales tax are probably pocketing it). Many kitchen cabinet companies, for instance, won't charge tax at all if they install the cabinets. Others will say that is not permitted. Most contractors will not charge tax on the basic raw materials (drywall, lumber, etc.), but will for fixtures and appliances.

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Response by uptown_joe
about 13 years ago
Posts: 293
Member since: Dec 2011

I mentioned the website -- all the official pronouncements on such things are at http://www.tax.ny.gov/ -- if I recall, there is a 10-15 page plain-language guide in addition to the forms and a number of related documents.

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Response by bobnay
about 13 years ago
Posts: 74
Member since: Oct 2011

Nyc_sport and Uptown_joe: Thanks for your input. I will look for the plain language guide. It would be helpful if someone could develop an app for this or a spreadsheet where one could enter the various numbers and shabang.. it would tell you how much is subject to sales tax and how much is not! But then if wishes were horses, beggars would ride!

Best,
Bob.

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Response by Teenyteacup725
almost 13 years ago
Posts: 43
Member since: Jun 2012

So if a contractor says there is sales tax on the whole job he is dishonest?? The contractor the building recommended is charging tax on the whole project.

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Response by flarf
almost 13 years ago
Posts: 515
Member since: Jan 2011

I'd strongly suggest you read this document: http://www.tax.ny.gov/pdf/publications/sales/pub862.pdf

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Response by Teenyteacup725
almost 13 years ago
Posts: 43
Member since: Jun 2012

Flarf - yikes my gut was saying liar and your link confirmed it!!!

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