Nonprofit Organizations Industry Guide

angela.hansen Thu, 05/16/2019 - 09:41
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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 in 2019

Starting July 1, 2019, Minnesota public schools must deposit all fundraising receipts from extracurricular activities with the School District Treasurer. See Fundraising Sales.

Tickets or admissions to performances or events held by a nonprofit agricultural heritage organization are exempt from sales tax. See the Nonprofit Agricultural Heritage Organization Ticket and Admissions Exemption

Qualifying for Nonprofit Exempt Status

angela.hansen Thu, 05/16/2019 - 09:45
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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

angela.hansen Thu, 05/16/2019 - 09:53
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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

angela.hansen Thu, 05/16/2019 - 12:12
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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

angela.hansen Thu, 05/16/2019 - 12:17
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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:

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Purchases

angela.hansen Thu, 05/16/2019 - 12:32
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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

angela.hansen Thu, 05/16/2019 - 12:45
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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

angela.hansen Thu, 05/16/2019 - 12:57
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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

angela.hansen Thu, 05/16/2019 - 13:01
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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.