Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2013
 

Sales and Use Tax Annotations


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R

475.0000 RESALE CERTIFICATES—Regulation 1668

Annotation 475.0850

475.0850 XYZ Letter as a Resale Certificate. An XYZ letter is not to be treated as a resale certificate in the sense of relieving the seller from liability for sales tax if taken timely and in good faith from a person engaged in selling tangible personal property and holding a seller's permit. Rather, an XYZ letter is merely an item of evidence which may help a seller satisfy the burden of proving that a sale of tangible personal property was not at retail, even though a resale certificate was not timely obtained. The acceptance of an XYZ letter as relieving the seller of sales tax is at the discretion of the Board. In that sense, in exercising that discretion, the staff can insist on the good faith of the seller. 3/4/85.