Form St-12ec - Exempt Container Certificate

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Rev. 2/98
Massachusetts
Form ST-12EC
Department of
Exempt Container Certificate
Revenue
Seller’s name (Registered vendor)
Address
City/Town
State
Zip
I hereby certify that the packaging described may qualify as exempt containers used to transport food off premises pursuant to Massachusetts General
Laws (MGL), Ch. 64H, sec. 6(q). See Massachusetts Regulation 830 CMR 64H.6.5(8).
Description of property
Full liability is hereby assumed for the payment of any use tax due in the event that the packaging purchased is used for other than exempt purposes
specified above. This certificate shall be considered a part of each order unless revoked in writing. All vendor orders under this certificate will clearly indi-
cate that they represent packaging that may qualify as exempt container purchases.
Signed under the penalties of perjury.
Signature
Title
Name of company
Federal Identification number
Address
City/Town
State
Zip
Date
Check applicable box:
Single Purchase Certificate
Blanket Certificate
General Information
If, upon the purchase of packaging, the purchaser is unable to de-
termine whether the packaging will qualify as exempt containers,
This form is to be completed by a purchaser (registered vendor
the purchaser may give the seller a Form ST-12EC, Exempt Con-
MGL Ch. 64H, sec. 7) and given to and retained by the seller. The
tainer Certificate. The certificate may be given and accepted only
seller must make sure that the certificate is completed properly and
for those items that may be exempt containers depending on
signed before accepting it. For information regarding the require-
later use. Acceptance of a fully and properly completed certificate
ments for retaining records, see Massachusetts Regulation 830
will relieve the seller from further liability for the tax. The purchaser
CMR 62C.25.1.
must keep an accurate record of the containers used to transport
Sales of containers to purchasers who are registered vendors are
food or drink off premises. Packaging not so used is subject to tax
not taxable, subject to the proper use of Form ST-12EC, Exempt
and must be reported on the purchaser’s Form ST-9, Sales and
Container Certificates.
Use Tax Return, or its Form ST-10, Business Use Tax Return, as
The term container is limited to items used in transporting food or
applicable.
drink off the premises. The meaning of the term is found by deter-
Warning: Willful misuse of this certificate is subject to criminal
mining the use to which a particular item is put. When a paper or
tax evasion penalties of up to one year in prison and $10,000
plastic product is used to transport food off the premises, it is a
($50,000 for corporations) in fines.
container. The term container may include, for example, paper or
If you have any questions about the acceptance or use of this cer-
plastic wrappers, cups, cup lids, or multicup holders used to carry
tificate, please contact:
more than one drink, if these items are used to transport food or
Massachusetts Department of Revenue
drink off the premises. The same items used on premises are not
Customer Service Bureau
considered to be containers for purposes of the exemption. Coffee
PO Box 7010
stirrers, napkins and straws are examples of items not considered
Boston, MA 02204
containers whether used on or off premises.
(617) 887-MDOR
This form is approved by the Commissioner of Revenue and may be reproduced.
2M 2/98 CRP0198

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