Search Category: Sales Tax
Taxable Items – Production
Even if you qualify for the production exemption, the following items are taxable:
Used in nonproduction activities
Equipment and supplies used in nonproduction activities are taxable.
Examples:
- Maintenance and janitorial activities
- Office and administrative activities
- Selling and distribution activities
- Transportation activities, such as:
- Moving property over roads, highways, canals, rivers, rail lines, through pipelines or slurry lines, or on aircraft
- Moving goods, including partially completed goods, from one exempt processing location to a separate location that’s part of the continuous exempt processing activity
- Moving raw materials, except farm produce, from the point of origin to where the production process begins
Licensed motor vehicles and aircraft
Used to make repairs
Machinery, equipment, tools, and other property used to make repairs is taxable.
Tangible personal property
Tangible personal property that becomes part of real property is taxable.
Examples:
- Equipment used more than 50% of the time to improve real property
- Materials that become part of real property
Recreation-related vehicles
Examples:
- Snowmobiles
- Off-highway motorbikes
- Motorcycles
- All-terrain vehicles (ATV’s)
- Motor homes
- Travel trailers
- Park model recreational vehicles
- Truck campers
- Camping trailers
Used to make items that you won’t sell
Machinery, equipment, tools, or other property used to make items that you won’t sell is taxable.
Coatings or paint
Coatings or paint used to protect and maintain equipment, including production equipment is taxable.
Safety equipment
Safety equipment and supplies that aren’t used in a production area are taxable.
Examples:
- First aid kit in the office
- Fire extinguisher in the shipping area
- Jacket or gloves used in a production area to keep an employee warm, but not required by OSHA
Change Use of Exempt Item – Production
If you change the use of an item
If you buy an item exempt to use in a production activity, it becomes taxable if you stop using it in a production activity. You must then pay tax on the fair market value of the item.
Note: The opposite isn’t true. If you pay tax on an item because you use it in a nonproduction activity, you can’t claim a tax credit if you begin to use it in a production activity.
Buyer’s Responsibility – Production
Buyer’s responsibility when making exempt purchases
You must keep records of all your purchases, and show whether you paid tax on them.
- Records must show what you bought, how much you paid for the goods, and how much tax you paid.
- Your accounting records must include the standard books and records maintained in a business.
- Keep all your records for at least four years.
Use tax
When you buy, use, or store taxable goods in Idaho, but didn’t pay sales tax when you bought them, you owe use tax.
Use tax is often due when:
- You buy goods from an internet retailer that doesn’t collect tax
- You buy a taxable item from a seller who didn’t charge sales tax because the seller has your exemption certificate on file
- You buy an item in a state that doesn’t have sales tax, then bring the item to Idaho
- You change how you use an exempt item (See If you change the primary use of an item.)
Learn more about use tax on our Use Tax page.
Exemption Certificates – Production
To buy an item exempt from sales tax, give the seller a completed exemption certificate.
ST-101, Idaho Resale or Exemption Certificate
Form ST-101 – Sales Tax Resale or Exemption Certificate
Fill in the form:
- Write the name and address of both the seller and your business at the top.
- In section 2 “Producer Exemptions,” check the box for the producer exemption(s) you qualify for.
- List any products you produce on the line at the bottom of section 2.
- Under “Buyer,” at the bottom of the page, sign the form. Fill in the rest of the fields (name, title, EIN or driver’s license information, and date).
Optional short version of ST-101
- Retailers can print or stamp a short version of the ST-101 on sales invoices, or
- Purchasers can print the short version on their purchase orders.
- This shorter version must be completed for each sale. The wording must be:
I certify that the property I’ve purchased will be used by me directly and primarily in the process of producing tangible personal property by mining, manufacturing, processing, fabricating, or farming, or as a repair part for equipment used primarily as described above. This tax exemption qualifies if this statement is signed by the buyer and the name, address, and nature of the buyer’s business are shown on the invoice. Any person who signs this certification with the intention of evading payment of tax is guilty of a misdemeanor.
[Indicate spaces for NATURE OF BUSINESS and SIGNATURE OF BUYER]
Multijurisdictional
If you buy from out-of-state businesses that are registered Idaho retailers, you can complete the Uniform Sales and Use Tax Certificate – Multijurisdiction instead of Form ST-101. Fill in the form:
- Write the name and address of both the seller and your business at the top.
- Check the box for “Manufacturer.”
- Write your Idaho sellers permit number in the ID section.
- Sign and fill in the bottom of the form.
Remember: Even if you buy from a seller who has your exemption certificate, not everything is exempt.
- Some items are always taxable.
- Some items are taxable if they’re not used in qualifying activities.
Sales by or to Producers
Selling the goods you produce
- If you sell the goods you produce to a retailer, don’t charge sales tax if the retailer gives you a completed exemption certificate (e.g., ST-101).
- If you sell your goods at retail to the final consumer, you must charge tax. The only exceptions are if:
- The item is never taxed in Idaho, or
- The buyer gives you a completed exemption certificate.
Seller’s responsibility to document sales
If you’re selling to producers with an exemption certificate, you must keep complete records to document all exempt and taxable sales. If you have a complete and accurate certificate on file, don’t collect sales tax on purchases that qualify for the claimed exemption.
Note: Not everything is exempt for producers. You must charge tax on items that aren’t exempt from sales tax. Read more on making sales in our Retailers guide.
Laws and Rules for Production Exemption
Learn more about production exemptions:
- Production Exemption (Idaho Code section 63-3622D; Sales Tax Rule 079)
- Farming (Sales Tax Rule 083)
- Underground Mining (Sales Tax Rule 081)
- Above Ground and Open Pit Mining (Sales Tax Rule 082)
- Lumber (Sales Tax Rule 080)
- Logging (Idaho Code section 63-3622JJ; Sales Tax Rule 102)
- Research and Development (Idaho Code section 63-3622RR)
- Clean Rooms (Idaho Code section 63-3622NN)
- Pollution Control Equipment (Idaho Code section 63-3622X)
- Certificates for Resale and Other Exemption Claims (Idaho Code section 63-3622; Sales Tax Rule 128)
- Use Tax (Idaho Code section 63-3621; Sales Tax Rule 072)
- Radio and Television Broadcasting Equipment (Idaho Code section 63-3622S; Sales Tax Rule 055)
- Equipment to Produce Certain Newspapers (Idaho Code section 63-3622T; Sales Tax Rule 127)
Farms and Ranches That Qualify for Production Exemption
Businesses that qualify for the exemption
To be eligible for the production exemption, your business must:
- Be actively producing in a qualifying farming or ranching activity. This includes:
- Raising stock, poultry, or fish
- Growing crops
- Operating a dairy
- Raising animals for fur
- Operating a fruit farm, truck farm, or orchard
- Operating a ranch or range
- Be primarily devoted to farming or ranching. One way many businesses satisfy this requirement is that they devote the majority of their business operations to qualifying farming or ranching activities. Example: Spending more than 50% of the business’s working time and activities producing farm and ranch goods for sale.
- Own the goods you produce
- Sell the goods you produce. Either your business or someone else must sell your goods at retail.
- Report your business’ profit or loss on an income tax return.
OR
- Be a custom farming or ranching operation. Your business performs a qualifying farming or ranching activity for a farmer or rancher and receives money or other compensation for the work. Examples:
- Harvesting
- Spraying fields
- Planting
- Branding livestock
- Shearing sheep
- Breeding livestock
- The exemption doesn’t include:
- Improving real property
- Clearing land
A custom farmer or rancher doesn’t have to own the goods that are produced or the land that is worked as long as the goods produced are sold.
Separately operated business segment
A separately operated business segment can also qualify. It can be a division, branch, or even a cost center. You must keep separate accounting records for the business segment to qualify as a separately operated business segment. This includes recording income, expenses, wages, and assets of the business segment separately. You must also have employees dedicated to operating the separate business segment.
Businesses that don’t qualify for the exemption
The farming and ranching exemption is only for businesses that devote the majority of their business operations to qualifying farming and ranching activities trying to make a profit. Operations that aren’t eligible for the exemption include:
- Hobby farms or ranches
- Farming or ranching for personal use of the goods raised
- Businesses that only show or race horses
- Businesses that only breed horses to race or show
Purchases that Qualify for Farming and Ranching Exemption
Purchase Requirements
An item qualifies for the exemption, if it meets all of the following requirements:
- Primarily used in the farming or ranching process. This means it’s mostly used for farming or ranching. (See Idaho Code section 63-3607A.)
- Reasonably necessary or essential – you can’t produce your goods without it.
- Directly used or consumed in or during the farming or ranching process – includes any operation reasonably necessary to the total business:
- The farming or ranching process begins when you perform an activity that’s reasonably necessary to your total business.
- The process ends when you remove the product from initial storage, and it’s ready for transportation.
- Tangible personal property – must not become real property
- Allowable by law – must not be specifically excluded from the farming and ranching exemption
Examples of items that qualify:
Examples of items that don’t qualify:
Exempt Purchases — Farming and Ranching
The production exemption guide lists items that are exempt from tax. Qualifying farmers and ranchers can also buy the following items exempt:
Farm Implements
Examples:
- Dry and liquid fertilizer spreaders, combines, discs
- Harvesting and stacking equipment, swathers, harrows, hay balers
- Pesticide applicators, plows, farm wagons
Agricultural irrigation – equipment and supplies
- All irrigation equipment and supplies used directly for agricultural irrigation are exempt. This includes materials that are attached to real property:
- Concrete for irrigation ditches
- Well casings
- Irrigation equipment and supplies don’t qualify if they’re:
- Incidental or only indirectly related to the agricultural irrigation process
- Used to install or maintain the irrigation system
- Used on a golf course
The installer must use Form ST-103C – Sales Tax Exemption Certificate – Real Property Contractors, to buy qualifying irrigation equipment and supplies exempt.
The equipment can be installed by either the farmer, the rancher, or the contractor.
Agricultural grain bins – structures and equipment
Grain bin structures and equipment, when used directly and primarily for storing small grains in agricultural production, are exempt. This includes:
- Augers
- Dryers
- Fans
- Sweep augers
The structures and equipment can be attached to real property and installed by either the farmer, contractor, or subcontractor.
Agricultural quality control functions – equipment and supplies
Equipment and supplies for performing quality control functions are exempt when the following apply:
- Used primarily and directly in agricultural production
- Used to prepare a crop for storage in a grain bin structure
The equipment and supplies can be attached to real property and installed by either the farmer, contractor, or subcontractor.
Milking activities – equipment and supplies
Includes disinfectants used in clean-in-place systems
Seeds and plants for growing crops
Including seedlings and cuttings for orchard trees and grapevines
Fertilizers and pesticides
If used on crops
Feed and vaccines
For livestock
Farm produce beds
If easily removed from a licensed vehicle (e.g., spud beds)
Hand tools
If used directly and primarily in the farming or ranching process
Examples:
- Shovels, pitchforks
- Reusable syringes, emasculators
- Branding irons, cattle prods
- Ropes, whips
Note: Hand tools used in maintenance and repair activities are taxable.
Equipment for transporting produce
Equipment mounted on a licensed motor vehicle and used to move farm produce to initial storage can be purchased exempt from sales tax if:
- It can be easily removed from the vehicle,
- It’s separately stated on the vendor’s invoice, and
- The buyer is a qualified farmer or rancher that gives the seller a completed exemption certificate.
Note: The licensed motor vehicle is taxable; only the equipment is exempt.
Taxable Items – Farming and Ranching
Even if you qualify for the production exemption, some items are taxable. Also, the following commonly-used items are taxable to farmers or ranchers:
Feed, supplies, and vaccines for:
- Household pets
- Livestock used for personal use or consumption
- 4H or FFA projects
- You use your dog occasionally to herd livestock, and your cat controls mice in the barn. Your cat and dog are considered pets. You must pay tax on all supplies you buy for their care and maintenance. Note: If your dog’s only purpose is to herd or protect your livestock, you can buy its food and supplies exempt.
- You’re a rancher and own several horses. You use the horses for recreation and occasionally use them to round up cattle. You must pay tax on all feed and vaccines for the horses. Note: If you use your horse more than 50% of the time for herding cattle, its feed and vaccines are exempt.
- You raise a pig to provide food for your own use. The farming exemption is only for goods you’ll sell. Feed and vaccines bought for the pig are taxable.
Real property improvement materials
Examples:
- Concrete, rebar
- Light fixtures (indoor or outdoor)
- Shingles, barn lumber, granaries
- Gates, fence posts, wire
Farm produce beds
If permanently attached to licensed vehicles
Aircraft and supplies
Used in any activity
Equipment and supplies used to maintain roads
Including:
- Road graders
- Bulldozers
Trailers or vehicles
That require licensing for use on public roads
Shop equipment and supplies
Used to make repairs
Examples:
- Hand tools
- Power tools and compressors, including their accessories
- Welders and cutting torches, including the gas you use to operate them
- Solvents, cleaners, degreasers, shop rags
- Paint, even if used for production equipment
Office, maintenance, or janitorial
Equipment and supplies
Marketing, promotional, sales, or distribution
Equipment and supplies
Equipment and supplies to analyze or model financial results
Motor Vehicles – Farming and Ranching
Motor vehicles that are required to be licensed are almost always taxable, but there are a few specific exemptions for farmers and ranchers.
These vehicles qualify for the exemption
Farmers and ranchers can buy a vehicle exempt if it:
- Isn’t licensed and it’s used exclusively in qualifying farming activities.
Example: A truck used to feed livestock, and never driven on public roads. - Isn’t required to be licensed and is used in qualifying farming activities.
Examples:- Farm tractor
- Harvester
- Cultivator
- Reaper
- Binder
- Combine
- Planter
These vehicles don’t qualify for the exemption
- Vehicles that are licensed
Examples:- Any motor vehicle that must be licensed for use on public roads. This includes vehicles with restricted-use plates and recreational-use stickers.
- Recreational vehicles and recreation-related vehicles
Examples:- Snowmobiles
- Off-highway motorbikes
- ATVs
- Motorcycles
- Motor homes
- Park model recreational vehicles
Buying an exempt motor vehicle
To buy a qualifying vehicle exempt:
- Give the seller a completed
Form ST-101 – Sales Tax Resale or Exemption Certificate.
- Give the completed exemption certificate to the Department of Motor Vehicles (DMV) office when you title the vehicle. Don’t license the motor vehicle for use on the highway, or the exemption won’t apply.