The Colorado DR 1191 form is crucial for businesses seeking a sales tax exemption on purchases of machinery and machine tools intended for manufacturing use within the state. This form verifies that the purchased equipment meets the specific requirements set by the Colorado Department of Revenue, including usage in manufacturing tangible personal property for sale or profit and having a direct impact on the production process. It is an essential document for companies located in enterprise zones, aiming to capitalize on expanded exemptions and further reduce their tax liabilities.
In Colorado, the DR 1191 form serves a crucial purpose for businesses engaged in manufacturing. This document, sanctioned by the Colorado Department of Revenue, allows firms to claim exemption from state sales and use tax on the purchase of machinery and machine tools intended for manufacturing purposes. The legislature acknowledges the significance of encouraging the manufacturing sector by easing the financial burden associated with acquiring costly machinery. Eligibility for the exemption demands compliance with specific criteria: the machinery must be utilized within Colorado for direct and predominant use in manufacturing tangible personal property destined for sale or profit; it must meet the definition of section 38 property as per the Internal Revenue Code of 1954, suggesting a useful life of one year or more, among other qualifications; and the purchase must exceed $500 and be included in a capitalized expenditure. Additionally, the form opens the door for businesses operating within enterprise zones to enjoy expanded benefits, including exemptions on materials used for the construction or repair of machinery if the equipment is used exclusively in these designated areas. The instructions provided on the reverse side of the form detail the process to claim the exemption, involving submission of the completed form to both the seller and the Colorado Department of Revenue. Importantly, acceptance of this certificate by the seller absolves them of sales tax liability, transferring the onus to the purchaser for any applicable sales or use tax liability. The DR 1191 form epitomizes Colorado's commitment to fostering a supportive economic environment for manufacturing ventures, delineating the path to tax relief for qualified machinery and parts essential in production processes.
DR 1191 (12/02)
COLORADO DEPARTMENT OF REVENUE
TAXPAYER SERVICE
1375 SHERMAN ST. DENVER, CO 80261 (303) 238-SERV (7378)
SALES TAX EXEMPTION ON
PURCHASES OF MACHINERY AND MACHINE TOOLS
Seller
Colorado Sales Tax Account
Number
Address
City
State
ZIP
Purchaser
Date of Purchase
Amount of Purchase
Is Equipment
Leased
Purchased
Description of Item(s) Including Machine Parts
How Used in Manufacturing
End Product
How Sold
Wholesale
Retail
New
Used
THIS SECTION IS FOR BUSINESSES LOCATED IN ENTERPRISE ZONES
(SEE INSTRUCTIONS ON REVERSE SIDE)
Amount of Purchase for Machinery, Machine Tools and Parts
Materials used in the construction of machinery and machine tools (after 06/07/89)
I hereby certify that __________________________________________________________________ is
(Name of Purchasing Firm or Person)
entitled to the exemption on purchases of machinery or machine tools.
By (Authorized Signature of Purchasing Firm)
Title
DR 1191 INSTRUCTIONS
GENERAL INFORMATION
Purchases of machinery or machine tools and parts thereof are exempt from state sales and use tax when the machinery will be used in manufacturing. [C.R.S. 39-26-114(11)].
To qualify the machinery must:
•Be used in Colorado,
•Be used directly and predominantly to manufacture tangible personal property for sale or profit.
•Be of a nature that would have qualified for the federal investment tax credit under the definition of section 38 property found in the Internal Revenue Code of 1954, as amended. This includes tangible personal property with a useful life of one year or more and limits qualifying purchases of used equipment to a maximum of $150,000 annually,
•Be included on a purchase order or invoice totaling more than $500,
•Be capitalized.
ENTERPRISE ZONES
The manufacturing exemption is expanded to exempt additional purchases from sales and use tax when machinery is used solely and exclusively in an enterprise zone. Equipment that is used both within and outside an enterprise zone only qualifies for the regular statewide exemption, as is equipment used at a location prior to that location’s designation as an enterprise zone. [C.R.S. 39-30-106(1)]
•Machinery used solely and exclusively in a designated enterprise zone may be capitalized or expensed to qualify for the exemption.
•Materials for construction or repair of machinery or machine tools are exempt from the state sales and use tax if the machinery is used exclusively in an enterprise zone.
•Mining operations are included in the definition of manufacturing when performed in an enterprise zone. For further information, see FYI Sales 69, “Enterprise Zone Exemption for Machinery and Machine Tools Used in Mining.”
LOCAL TAXES
Cities, counties and special districts may or may not exempt manufacturing equipment from local sales taxes. Refer to publication DRP1002 for a list of localities that exempt this equipment from local tax. Special districts that impose sales tax on manufacturing equipment cannot impose use tax on the equipment.
CLAIMING THE EXEMPTION
Complete Form DR 1191 Sales Tax Exemption on Purchases of Machinery and Machine Tools. Give one copy of the completed form to the seller of the machinery and a second copy to the Department of Revenue. The purchaser must also keep a copy. An exemption cannot be claimed for sales tax paid in another state which is credited against Colorado sales or use tax. NOTE: Acceptance of this certificate by the seller removes any sales tax liability from the seller and the purchaser is liable for any subsequent sales or use tax liability for the purchase.
For further information regarding the manufacturing exemption, see FYI Sales 10 available on our Website at WWW.TAXCOLORADO.COM, or call (303) 238-SERV (7378).
Filling out the Colorado DR 1191 form is a critical step for businesses seeking a sales tax exemption on purchases of machinery and machine tools that are used in manufacturing. This form, provided by the Colorado Department of Revenue, ensures that qualifying purchases avoid the state sales tax, helping businesses save money that can be reinvested elsewhere. Understanding how to complete this form accurately not only streamlines the process but also prevents any delays or errors that might impede the exemption.
After submitting the form, your business's eligibility for the sales tax exemption on the machinery and machine tools purchased will be assessed. Remember, this exemption is designed to support businesses engaged in manufacturing by reducing the financial burden of state sales tax. Thorough and accurate completion of the DR 1191 form is essential to take advantage of this opportunity. Should there be any questions or concerns, contacting the Colorado Department of Revenue directly or consulting with a tax professional is advisable to ensure compliance and maximize your benefits.
What is the purpose of the Colorado DR 1191 form?
The Colorado DR 1191 form is used to claim an exemption from state sales and use tax on purchases of machinery and machine tools that are used in manufacturing. The exemption applies when the purchased equipment will be utilized in Colorado primarily to manufacture tangible personal property for sale or profit. This form serves as a declaration that the machinery purchased meets all the requirements set by the Colorado Department of Revenue to qualify for this tax exemption.
Who needs to complete the DR 1191 form?
Any purchaser of machinery or machine tools intended for manufacturing use in Colorado should complete the DR 1191 form to claim a sales tax exemption. This includes businesses that are located in Colorado enterprise zones, which are eligible for expanded exemptions. Both the seller and the purchaser of the machinery need to keep a copy of the completed form for their records.
What are the main requirements for the exemption?
To qualify for a sales tax exemption under the DR 1191 form, the purchased machinery must be used in Colorado directly and predominantly for manufacturing tangible personal property that is intended for sale or profit. Additionally, the equipment must qualify under the federal investment tax credit criteria, be included on a purchase order or invoice amounting to more than $500, and be capitalized as part of the business’ assets.
How does the exemption apply to businesses in enterprise zones?
For businesses operating within designated Colorado enterprise zones, the exemption on purchases of machinery and machine tools is expanded. Such machinery can be either capitalized or expensed. Furthermore, materials used for the construction or repair of machinery/machine tools are exempt from state sales and use tax if the machinery is used exclusively in an enterprise zone. Mining operations within these enterprise zones also qualify as manufacturing under this exemption.
Can local taxes still apply to exempted machinery?
Yes, cities, counties, and special districts in Colorado may choose not to exempt manufacturing equipment from local sales taxes. It's important for purchasers to refer to the publication DRP1002 for a list of local jurisdictions that do or do not exempt such equipment from local taxes. Special districts that levy sales tax on manufacturing equipment cannot also impose use tax on the same equipment.
How is the DR 1191 form processed?
To utilize the sales tax exemption, a purchaser must complete the DR 1191 form and provide a copy to both the seller of the machinery and the Department of Revenue. Retaining a copy for their records is also required. This process ensures that the exemption is properly claimed and that both the seller and purchaser understand their tax liabilities. It’s important to note that accepting this certificate by the seller transfers any liability for subsequent sales or use tax to the purchaser, should the exemption not be applicable.
Filling out the Colorado DR 1191 form, which offers a sales tax exemption on purchases of machinery and machine tools used in manufacturing, involves a detailed process. Applicants often make mistakes due to oversight or misunderstanding of the instructions. These errors can lead to the rejection of the exemption claim. Here are four common mistakes to avoid:
Not Verifying Eligibility for Exemption: A significant error is assuming all purchases qualify for the exemption without verifying if the machinery will be used directly and predominantly to manufacture tangible personal property for sale or profit, as required.
Incomplete or Incorrectly Filled Sections: Often, applicants leave sections incomplete or fill them out incorrectly. Every field, including the purchaser and seller’s Colorado Sales Tax Account Number, address details, and the specific use of the purchased machinery in manufacturing, must be accurately completed.
Overlooking Equipment Usage Location: The DR 1191 form requires that the machinery be used in Colorado. Applicants sometimes mistakenly claim exemptions for machinery used outside the state or fail to specify the usage location if it's within an enterprise zone, which has different exemption qualifications.
Failure to Properly Describe the Machinery: The form requires a detailed description of the item(s) purchased, including how the equipment will be used in manufacturing the end product. Vague or incomplete descriptions can lead to misunderstandings about the eligibility for exemption.
In addition to these common mistakes, it's crucial to understand:
When businesses in Colorado engage in the acquisition of machinery and tools for manufacturing purposes, the Colorado Department of Revenue's DR 1191 form comes into play, offering a critical sales tax exemption. This form stands as a key document in the legal framework that supports Colorado's manufacturing sector, providing significant tax relief under specified conditions. However, to fully leverage the benefits of the DR 1191, it is often necessary to understand and complete several additional forms and documents that either support the application of the exemption or are required for other purposes related to the transaction.
Understanding and accurately completing each relevant form ensures businesses can make the most of Colorado's manufacturing and enterprise zone exemptions. Whether seeking to optimize tax savings or ensure compliance, these documents collectively support a strategic approach to business operations within the state. It's essential for business owners and accountants to stay informed about these forms, their requirements, and deadlines to maintain a healthy bottom line while contributing to Colorado's economic growth.
The Colorado DR 1191 form is similar to various other tax forms that aim to provide exemptions or deductions in specific contexts. One notably related document is the Federal Form 4562: Depreciation and Amortization. Both serve businesses by offering a means to reduce taxable income through specific purchases or investments, although they operate under different scopes and jurisdictions. The Colorado DR 1191 form focuses on state sales tax exemption for purchases of machinery and machine tools used in manufacturing, with conditions pertaining to usage within Colorado and direct use in manufacturing tangible personal property for sale or profit. Conversely, Federal Form 4562 allows businesses to claim depreciation and section 179 expense for the business assets they purchase, which might include similar types of machinery and equipment recognized on the Colorado form. However, Form 4562 impacts federal tax liabilities, addressing broader categories of assets beyond manufacturing machinery and includes calculations related to the wear, tear, and overall depreciation of assets over time.
Another related document is the Form ST-587 Equipment Exemption Certificate used in Illinois. This form, much like the Colorado DR 1191, provides a sales tax exemption for certain types of machinery and equipment. Specifically, it targets the purchase of manufacturing and assembling machinery, along with parts and tools, allowing businesses to avoid paying state sales tax on these items if they are used in the production of goods. The core similarity lies in their shared goal of encouraging business investments in manufacturing capabilities by offering tax relief on essential machinery and equipment. Both forms demand detailed information about the purchased items and their use in manufacturing processes, underscoring the requirement that the machinery must directly contribute to the production of tangible goods destined for sale or profit. However, the specific qualifications, conditions, and the administrative body overseeing these exemptions differ between states, reflecting each state's unique approach to fostering economic growth and supporting local industries.
Also comparable is the Form 01-339, Texas Sales and Use Tax Exemption Certification. Like Colorado's DR 1191, this Texas form enables businesses to claim exemptions from sales and use tax under certain conditions. The documents are similar in that both are used to certify purchases that are exempt from sales tax, focusing significantly on transactions involving business equipment, machinery, or other tools that have a direct application in producing goods or providing services. The Texas form, however, encompasses a broader range of exemptions beyond manufacturing equipment, including items purchased for resale and materials and containers used for packaging tangible personal property. Although they serve a similar function in offering tax relief for business purchases, the scope and applicability of the Texas form extend beyond the manufacturing-focused exemptions provided by the Colorado DR 1191.
When filling out the Colorado DR 1191 form for the Sales Tax Exemption on Purchases of Machinery and Machine Tools, there are important guidelines to follow to ensure your submission is successful and compliant with Colorado state tax laws. Below are lists of the do's and don'ts to consider during this process.
Do:
Don't:
When it comes to navigating tax exemptions in Colorado, the DR 1191 form plays a crucial role for businesses engaging in manufacturing. However, there's a handful of misconceptions surrounding this document that can confuse the uninitiated. Understanding these myths will ensure businesses can fully benefit from the exemptions they're entitled to. Here are some of the common misconceptions explained:
Any purchase qualifies for an exemption. It's a common belief that filling out the DR 1191 form makes any purchase exempt from sales tax. However, the reality is that the exemption specifically applies to machinery and machine tools that are used directly and predominantly in manufacturing tangible personal property for sale or profit. Additionally, these items must meet certain criteria, such as being used in Colorado and having a useful life of one year or more.
The exemption automatically applies to all parts and materials. While the DR 1191 form does allow for exemptions on purchases of certain machinery and machine tools, it doesn't automatically exempt all associated parts and materials. The exemption is limited to parts and materials used in the construction of machinery or machine tools, and these items must be exclusively used in manufacturing to qualify.
Used equipment always qualifies for the exemption. Many believe that the purchase of any used machinery or tools is always exempt if the DR 1191 form is properly filled out. In truth, qualifying purchases of used equipment are limited to a maximum of $150,000 annually. Additionally, the equipment must meet all the other qualifying criteria to be eligible for the exemption.
Only large businesses can benefit from the exemption. Another myth is that the tax exemption is designed only for large businesses. In reality, the exemption is available to all businesses, regardless of size, that meet the criteria outlined in the DR 1191 form and instructions. This includes small businesses that engage in qualified manufacturing activities.
Completing the DR 1191 form exempts you from all taxes. Finally, some businesses might mistakenly believe that by completing the DR 1191 form, their purchase is exempt from all forms of tax. It's important to note that this exemption applies only to state sales and use tax. Local taxes may still apply, and it's crucial for businesses to check with local taxing authorities to understand if manufacturing equipment is exempt from local sales taxes.
By dispelling these misconceptions, businesses can better navigate the tax exemption process and ensure they are taking full advantage of benefits for which they qualify. The key is understanding the specifics of the DR 1191 form and its criteria, and ensuring all qualifying machinery and equipment are properly documented and exempted.
Understanding the DR 1191 form in Colorado is crucial for businesses seeking to leverage the sales tax exemption on purchases of machinery and machine tools. Here are some key takeaways to guide businesses through the process:
By adhering to the guidelines and filling out the DR 1191 form accurately, businesses can navigate the exemption process more efficiently, potentially saving substantial amounts on the purchase of essential machinery and tools for manufacturing.
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