The DR 0172 Colorado form is a crucial document for contractors seeking an exemption certificate for purchasing construction and building materials for exempt projects in Colorado. It outlines the specific use, requirements, and penalties for unauthorized use of the exemption certificate. This form ensures that both prime contractors and their subcontractors comply with Colorado Department of Revenue regulations regarding tax-exempt purchases for qualified construction projects.
Understanding the intricacies of the DR 0172 form is crucial for contractors engaging with exempt projects in Colorado. This specialized document, catered by the Colorado Department of Revenue, functions as an application for an exemption certificate, specifically targeting construction and building materials needed for projects exempt under Colorado law. It underlines the strict use of the obtained exemption for purchasing materials that directly contribute to the structure or public work, excluding equipment, supplies, or other materials not permanently integrated into the project. Furthermore, the form delineates the boundaries of its application, specifying that subcontractors cannot directly receive exemption certificates from the Department of Revenue. Instead, this responsibility falls upon the prime contractor, who must distribute copies of the certificate to their subcontractors. The necessity for accuracy in completing the application is highlighted, with incomplete submissions leading to denial. This meticulous documentation process reflects the stringent measures in place to ensure that the benefit is strictly reserved for qualifying projects. It includes a reminder for contractors about changes in procedure regarding the issuance of exemption certificates to subcontractors, emphasizing the prime contractor's role in maintaining records for audit purposes and highlighting procedural changes that aim to streamline future applications. This form is not just a bureaucratic step but a foundational component in the compliance landscape for contractors undertaking exempt projects within the state.
Departmental Use Only
DR 0172 (08/30/13)
ColorAdo dEpArtmEnt oF rEvEnuE
Denver CO 80261 - 0009
(303) 238-SERV (7378)
Contractor Application for Exemption Certiicate
Pursuant to Statute
*130172==19999*
§ 39-26.708(1),(2),&(3)
The exemption certiicate for which you are applying must
Any unauthorized use of the exemption certiicate will result
be used only for the purpose of purchasing construction and
in revocation of your exemption certiicate and other penalties
building materials for the exempt project described below. This
provided by law.
exemption does not include or apply to the purchase or rental of
equipment, supplies, and materials which are purchased, rented,
A separate certiicate is required for each contract.
or consumed by the contractor and which do not become a part
of the structure, highway, road, street, or other public works
Subcontractors will not be issued Certiicates of Exemption by
owned and used by the exempt organization.
the Department of Revenue. It is the responsibility of the prime
contractor to issue certiicates to each of the subcontractors.
(See reverse side.)
Send completed forms to: Colorado Department of Revenue, Denver, CO 80261 - 0009
Failure to accurately complete all boxes will cause the application to be denied.
Contractor/Account No. (Leave blank if iling for the irst time)
89-
Period (MM/YY-MM/YY)
_
Contractor Information
Trade name/DBA
Owner, partner or corporate last name
First Name
Middle Initial
Mailing Address
City
State
Zip
E-Mail Address
FEIN
Bid amount for your contract
$
Fax number
Business Phone number
Colorado withholding tax account number
(
)
Exemption Information
Copies
of contract or agreement page, identifying the contracting parties, bid amount,
type of work, and signatures of contracting parties must be attached
Name of exempt organization (as show on contract)
Exempt organization's number
98
Address of exempt organization
Principal contact at exempt organization-Last Name
Physical location of project site (give actual address when applicable
and Cities and/or County (ies) where project is located)
Principal contact's telephone number
Scheduled construction start date (MM/DD/YY)
Estimated completion date (MM/DD/YY)
I declare under penalty of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge.
Signature of the business owner, partner or corporate oficer
Title of corporate oficer
Date (MM/DD/YY)
(DO NOT WRITE BELOW THIS LINE)
Special notice
Contractors who have completed this application in the past, please note the following changes in procedure:
The Department will no longer issue individual Certiicates
of exemption to subcontractors. Only prime contractors will receive a Contractor's Exemption Certiicate on exempt projects.
Upon receipt of the Certiicate, the prime contractor should make a copy for each subcontractor involved in the project and complete it by illing in the subcontractor's name and address and signing it.
The original Certiicate should always be retained by the prime contractor. Copies of all Certiicates that the prime
contractor issued to subcontractors should be kept at the prime contractor's place of business for a minimum of three years and be available for inspection in the event of an
audit.
Once an 89# has been assigned to you, please use the next ive numbers following it for any applications submitted for future projects. This should be your permanent number. For instance, if you were assigned 89-12345-0001, every application submitted thereafter should contain 89-12345 on the application. The succeeding numbers will be issued by the Department of Revenue. do not enter what you believe to be the next in sequence as this may delay processing of your application.
Filling out the DR 0172 form is an important step for contractors in Colorado intending to apply for an exemption certificate on eligible construction and building materials used in specific projects. This concise guide simplifies the process, ensuring accurate and complete submission of the application to the Colorado Department of Revenue.
After the application has been correctly filled out, it should be mailed to the Colorado Department of Revenue at the address provided at the top of the form. Remember, the original certificate should always be kept by the prime contractor, and copies should be issued to subcontractors involved in the project. These copies must be retained for at least three years and made available for inspection if needed. Successful submission and adherence to these steps will streamline the exemption certificate process.
What is the purpose of the Colorado DR 0172 form?
The Colorado DR 0172 form is designed for contractors to apply for an exemption certificate that allows them to purchase construction and building materials without paying tax, strictly for the use in approved projects. This form emphasizes that the exemption is applicable only for the materials that become a part of the final structure like highways, roads, streets, or other public works owned and utilized by the exempt organization. It specifically excludes equipment, supplies, and materials that are used during the construction process but do not become part of the permanent structure.
Who can apply for this exemption certificate?
Only prime contractors working on qualified projects for exempt organizations are eligible to apply for the exemption certificate through the Colorado Department of Revenue. Subcontractors are not directly issued exemption certificates by the Department of Revenue; instead, it is the responsibility of the prime contractor to issue certificates to their subcontractors after receiving their own.
What information is required when submitting the DR 0172 form?
When submitting the DR 0172 form, the contractor must accurately complete all parts of the application. This includes providing contractor information such as the trade name/DBA, contact details, and Colorado withholding tax account number. Exemption information must also be filled out, requiring details about the exempt organization, the physical location of the project site, principal contacts, and the scheduled dates for the start and completion of the construction. Additionally, copies of the contract or agreement that identifies the contracting parties, bid amount, type of work, and signatures of the contracting parties must be attached. Failure to accurately and completely provide all the required information will result in the denial of the application.
How is the exemption certificate used by the prime contractor for subcontractors?
Upon approval and receipt of the exemption certificate, the prime contractor is obliged to make copies of the certificate for each subcontractor involved in the project. The prime contractor must fill in the name and address of the subcontractor on each copy and sign it. The original certificate should always be retained by the prime contractor. It is important for the prime contractor to keep copies of all certificates issued to subcontractors at their place of business for a minimum of three years, as these documents may need to be presented in the event of an audit. This procedure allows the benefits of the tax exemption to be extended to all contractors contributing to the approved project.
Filling out the DR 0172 Colorado form requires close attention to detail to ensure accuracy and compliance. However, mistakes can occur. Here are eight common errors to be aware of:
Bearing in mind these common mistakes can help streamline the application process for a Contractor's Exemption Certificate under Colorado Department of Revenue regulations. Ensuring all sections are completed with accurate and thorough information will facilitate a smoother review and approval process.
When handling the DR 0172 Colorado form, which is crucial for contractors looking for exemption certificates for construction and building materials on exempt projects, there are several other documents and forms that are typically used alongside. These documents are essential in ensuring compliance with Colorado's Department of Revenue requirements and facilitating smooth project operations. Below is a breakdown of these documents, each serving its unique purpose in the construction contracting process.
Understanding and organizing these documents in conjunction with the DR 0172 Colorado form is vital for contractors engaged in exempt projects. Each form plays a crucial role in the administrative and compliance aspects of construction projects, ensuring that the project proceeds legally, smoothly, and efficiently from start to finish.
The DR 0172 Colorado form, essential for contractors seeking exemption certificates for construction and building materials on exempt projects, intersects with other standardized forms in its structure and purpose. These similarities enable a smoother navigation through administrative procedures, ensuring compliance and benefiting from certain tax exemptions.
One document similar to the DR 0172 Colorado form is the Form ST-5 Sales Tax Exempt Purchaser Certificate used in other states for tax-exempt purchases. Both forms require the applicant to provide specific details about the nature of the exempt transaction or project, including the name of the exempt organization and a detailed description of the exempt project or purchase. Additionally, they require the applicant's acknowledgment of the restricted use of the exemption, underscoring the legal ramifications of misuse. Where the DR 0172 focuses on construction and building materials for exempt projects, Form ST-5 encompasses a broader range of tax-exempt purchases, yet both aim to facilitate tax exemption processes under defined statutes and conditions.
Another document that parallels the DR 0172 Colorado form is the Certificate of Capital Improvement (Form ST-124) found in several jurisdictions. This certificate is typically used when contractors perform work that qualifies as a capital improvement to real property, exempting them from certain sales taxes on materials. Similar to the DR 0172, it requires detailed information about the project, including location, estimated start and completion dates, and parties involved. Both forms play crucial roles in distinguishing tax-exempt transactions from taxable ones by setting clear criteria and documentation requirements for what constitutes an exempt project. The main similarity lies in their purpose to delineate and verify transactions that legally bypass standard tax impositions due to their contribution to long-term property values or public benefit.
When filling out the DR 0172 Colorado form, which is a Contractor Application for Exemption Certificate Pursuant to Statute, it's important to navigate the process accurately and efficiently. Below are some guidelines to help ensure your application is completed correctly and to avoid common pitfalls.
Adhering to these dos and don'ts will help streamline the process of filling out the DR 0172 form and help ensure your exemption certificate application is processed without unnecessary delay.
Understanding the intricacies and the application process of the DR 0172 Colorado form can often lead to several misconceptions. These misconceptions can significantly impact contractors, subcontractors, and exempt organizations. The list below details common misunderstandings and clarifies each to ensure compliance with Colorado Department of Revenue requirements.
Exemption applies to all purchases: There is a belief that the exemption certificate allows contractors to purchase or rent equipment, supplies, and materials tax-free for any purpose. In reality, the exemption is strictly for the purchase of construction and building materials for the exempt project described in the application. Equipment, supplies, and materials that do not become a part of the final structure or public works are not exempt.
One certificate covers all contracts: It's often misunderstood that a single certificate can apply to multiple contracts. Each contract with an exempt organization requires a separate exemption certificate. This ensures clarity and compliance for each unique project.
Subcontractors can obtain certificates directly from the Department of Revenue: There is a misconception that subcontractors may apply for and receive exemption certificates directly. In practice, only prime contractors are issued a Certificate of Exemption, and it is their responsibility to issue copies to their subcontractors.
Filling out all the boxes is optional: Some contractors might mistakenly believe that completing every section of the form is not mandatory. However, failure to accurately complete all boxes will result in the denial of the application. This requirement ensures that all necessary information is provided for exemption verification.
Exempt organization's number is optional: Another misunderstanding is that the exempt organization's number can be omitted. This number is crucial as it helps to verify the exempt status of the organization benefiting from the construction project.
Digital signatures are acceptable: In today's digital age, it might be assumed that a digital signature would suffice. However, the form requires a physical signature from the business owner, partner, or corporate officer to certify the application under penalty of perjury.
Any Colorado withholding tax account number will work: Contractors might think that they can use any Colorado withholding tax account number when applying. It's essential to use the specific number associated with their business as this ties the application to the correct entity for tax purposes.
Immediate use of the exemption certificate: The expectation might be that the exemption certificate can be used immediately upon application. The reality is that the process includes verification and issuance phases by the Department of Revenue, which means there might be a delay before the certificate can be utilized.
Submission of additional documents is not required: Some may not realize that copies of the contract or agreement page identifying the contracting parties, bid amount, type of work, and signatures must be attached to the application. This documentation is vital for establishing the legitimacy of the exempt project.
By addressing these misconceptions, contractors and their subcontractors can better navigate the complexities of applying for and correctly using the DR 0172 Colorado form. Understanding these key points helps ensure compliance with state regulations and facilitates a smoother process for obtaining tax exemptions on eligible construction projects.
When completing and utilizing the DR 0172 Colorado form, contractors applying for an exemption certificate must be mindful of several critical aspects to ensure compliance and successful processing. Here are key takeaways:
Understanding and adhering to the detailed instructions and requirements of the DR 0172 Colorado form is essential for contractors seeking tax exemption certificates for exempt projects. Taking note of these key takeaways can help simplify the process, ensuring contractors remain compliant with Colorado law while benefiting from tax exemptions on qualifying purchases.
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