Nonprofit Organizations Industry Guide

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Nonprofit Organizations Industry Guide

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This information describes the sales and use tax topics related to nonprofit organizations. Use the links in the Guide Menu to see information about that topic.

What’s New

Starting July 1, 2021, sales made by school-associated student groups are exempt from sales tax when certain conditions are met. See Fundraising Sales.

Qualifying for Nonprofit Exempt Status

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Qualifying for Nonprofit Exempt Status

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Minnesota law exempts certain nonprofit organizations from paying Sales and Use Tax.

To get this exemption, an organization must apply to the Minnesota Department of Revenue for authorization, known as Nonprofit Exempt Status.

Note: Being exempt from federal income tax does not automatically mean an organization is exempt from sales and use tax in Minnesota. You must apply for the state’s sales tax exemption.

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Taxable Sales

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Taxable Sales

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Any nonprofit organization that makes taxable sales must collect and pay tax on the sale unless one of the following applies:

  • The state’s fundraising exemption applies (see Fundraising Sales)
  • The sales qualify for another exemption

Taxable sales include:

  • Gift shop sales at a nonprofit museum
  • Sales of used furniture, appliances, and other items operated by a nonprofit organization
  • Sales of books, manuals, CDs, and other taxable literature to its members on a regular basis

When you purchase items for resale (inventory items), do not pay tax on them. Instead, give your supplier a completed Form ST3, Certificate of Exemption. Specify the Resale exemption.

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Nontaxable Sales

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Nontaxable Sales

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Sales of taxable items or services by a nonprofit organization are subject to sales tax unless an exemption applies.

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Fundraising Sales

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Fundraising Sales

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Minnesota has two different exemptions that may apply to fundraising sales for the following groups:

  • Youth and senior citizen groups: Up to $20,000
  • All nonprofit organizations: Up to 24 days per year

To help determine if your sales are taxable, see our fundraising flowcharts:

Youth and Senior Groups

This exemption applies to up to $20,000 in fundraising sales, regardless of the number of days you spend fundraising. (Before Jan. 1, 2015, the limit was $10,000.)

If you exceed $20,000 in sales, you must start charging sales tax on your fundraising sales at that point. No tax is due on the first $20,000.

Note: The limit does not apply to candy sales by a youth group.

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All Nonprofit Organizations

Nonprofit organizations that have 24 days or less of fundraising events in a year qualify for this exemption. If your nonprofit organization qualifies for this exemption, you may sell otherwise taxable goods or admissions at fundraising events without charging sales tax.

Fundraising event means an activity that:

  • Is of limited duration
  • Is not regularly carried out in the normal course of business
  • Attracts people for community, social, or entertainment purposes

Fundraising events do not include business operations that provide services or sell goods during regular hours, such as a bookstore, gift shop, or thrift store.

Examples of fundraising events include:

  • Auctions
  • Bake sales
  • Concerts

Purchases

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Purchases

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Items purchased by nonprofit organizations are taxable, unless you have Nonprofit Exempt Status or the item is for resale.

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Purchasing Agent Agreements

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Purchasing Agent Agreements

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A building contractor cannot use your nonprofit organization’s exempt status to buy materials exempt for use in a lump-sum contract.

However, you may designate a contractor as your purchasing agent, allowing them to make tax-exempt purchases of qualifying materials, equipment, and supplies used to improve real property.

To do this, you must have Nonprofit Exempt Status and the written contract must clearly state the following:

  • You appointed the contractor as your purchasing agent
  • You take title to all materials and supplies at point of delivery
  • You are responsible for the risk of loss on all materials and supplies
  • You are responsible for all defective materials and supplies including those incorporated into real property
  • These requirements apply to the prime contractor and every subcontractor who supplies both materials and labor.
     

The purchasing agent exemption does not apply to purchases or leases of equipment a contractor uses to complete the construction contract.

For more information, see Contractors and Other Property Installers and Revenue Notice 17-10, Construction Contracts with Exempt Entities.

Filing Returns and Record-Keeping

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Filing Returns and Record-Keeping

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When filing your return, you must report all sales tax collected and use tax you owe.

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Legal References and Resources

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Legal References and Resources

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The legal references and resources related to the Nonprofit Organizations Industry Guide are listed.