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In the realm of Colorado's construction and development scene, navigating through the bureaucratic requirements is pivotal for sustaining compliance with state tax laws, particularly when it concerns tax exemptions. One critical piece in this compliance puzzle is the DR 0172 form, a document issued by the Colorado Department of Revenue, designed specifically for contractors to apply for Exemption Certificates. This form is integral for those engaging in construction projects that qualify for tax exemptions on building materials intended for use in structures, highways, roads, streets, or other public works owned and used by exempt organizations. The form stipulates that the exemption only applies to materials that become a part of the aforementioned projects, excluding equipment, supplies, and materials that are used during construction but do not integrate into the final structure. The DR 0172 underscores the importance of precise and truthful completions; any error or misuse could not only lead to the denial of the application but also result in the revocation of the exemption certificate along with potential legal penalties. Moreover, this document outlines the process that should be followed for subcontractors, emphasizing that they are not directly issued certificates by the Department of Revenue, thus placing the responsibility on prime contractors to manage and distribute copies of the exemption certificate accordingly. Additionally, it notes procedural changes, particularly highlighting how prime contractors should now manage exemption certificates for subcontractors, a shift that underscores the evolving nature of regulatory compliance in Colorado's construction industry. This form acts as a testament to the intricate relationship between law, commerce, and governance, serving as a vital tool for contractors navigating the complex tax landscape of construction and development within Colorado.

Dr 0172 Colorado Example

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

 

 

City

 

 

 

 

 

State

 

Zip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Principal contact at exempt organization-Last Name

 

 

First Name

 

 

 

 

 

 

 

 

Middle Initial

 

 

 

 

 

 

 

 

 

 

 

 

 

Physical location of project site (give actual address when applicable

and Cities and/or County (ies) where project is located)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

 

 

 

State

Zip

 

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.

Document Properties

Fact Detail
Purpose of the DR 0172 Form For contractors to apply for an Exemption Certificate for purchasing construction and building materials for exempt projects.
Governing Law Colorado Statute § 39-26.708(1), (2), & (3)
Exemption Specifics The exemption is specific to construction and building materials for the exempt project and does not extend to equipment, supplies, or materials not incorporated into the project.
Certificate Issuance Exemption Certificates are issued to prime contractors, not subcontractors. Prime contractors are responsible for issuing certificates to subcontractors.
Application Requirement Failure to accurately complete all required information on the form may result in denial of the application.
Document Retention Prime contractors must retain the original Exemption Certificate and copies issued to subcontractors for a minimum of three years, available for audit inspection.
Unauthorized Use Penalty Unauthorized use of the Exemption Certificate can lead to its revocation and other penalties under law.

Guide to Writing Dr 0172 Colorado

Filling out the DR 0172 Colorado form is a straightforward process, but it's crucial to pay attention to every detail to ensure your application is processed smoothly. This form is essential for contractors seeking an exemption certificate for purchasing construction and building materials for exempt projects, as defined by Colorado's tax laws. Understanding and accurately completing this form is key to complying with state requirements and avoiding any potential penalties. Below, you'll find the steps needed to fill out the form correctly.

  1. Leave the Contractor/Account No. box empty if this is your first time filing.
  2. Fill in the Period (MM/YY-MM/YY) for which you are applying.
  3. Under Contractor Information, enter your trade name or DBA (Doing Business As).
  4. Provide the owner, partner, or corporate last name, followed by the first name and middle initial.
  5. Enter the mailing address, city, state, and zip code.
  6. Provide your email address and fax number.
  7. Include your business phone number and, if applicable, the Colorado withholding tax account number.
  8. Indicate the bid amount for your contract.
  9. For Exemption Information, attach copies of the contract or agreement page that identifies the contracting parties, bid amount, type of work, and signatures.
  10. Enter the name of the exempt organization as shown on the contract and the exempt organization's number.
  11. Provide the address of the exempt organization, including city, state, and zip code.
  12. Fill out the principal contact at the exempt organization's last name, first name, and middle initial.
  13. List the physical location of the project site, including the actual address when applicable, and the city and/or counties where the project is located.
  14. Enter the principal contact's telephone number.
  15. Fill in the scheduled construction start date and estimated completion date using the MM/DD/YY format.
  16. Sign and date the application, indicating your title if you are a corporate officer. Your signature declares that the information provided is true and complete to the best of your knowledge.

Once your form is submitted, the Colorado Department of Revenue will process your application. Remember, this exemption certificate is a critical document for your project. Keeping accurate records and providing all necessary documentation upfront can avoid delays. Good record-keeping is also vital for the future, as you will need to maintain copies of all certificates issued and related documents for at least three years for auditing purposes. Remember, subcontractors will not receive individual certificates of exemption from the Department, so it's the prime contractor's responsibility to issue copies of the certificate to each subcontractor involved in the exempt project.

Your Questions, Answered

What is the DR 0172 form used for in Colorado?

The DR 0172 form is utilized by contractors in Colorado to apply for an Exemption Certificate that allows them to purchase construction and building materials without paying taxes, specifically for exempt projects. This exemption is designated for materials that become a part of a public works project, such as structures or roads, owned by an exempt organization.

Who can apply for the exemption certificate using the DR 0172 form?

Only prime contractors working on projects for exempt organizations can apply for this Exemption Certificate. Subcontractors are not eligible to apply by themselves but rather must obtain a copy of the certificate from their prime contractor.

What materials are covered by the exemption certificate?

The exemption certificate primarily covers construction and building materials that are incorporated into the exempt project. It does not apply to equipment, supplies, and materials that are used by the contractor in the execution of the project but do not become a permanent part of the constructed asset.

Is a separate DR 0172 form required for each project?

Yes, a new DR 0172 form and thus, a new exemption certificate is required for each individual contract or project. The scope of the exemption certificate is limited to the specific project listed on the application.

What happens if the exemption certificate is used improperly?

Unauthorized use of the exemption certificate, such as using it for projects or materials not covered under the specified exempt project, can lead to the revocation of the certificate. Additional penalties prescribed by law may also apply.

What documentation needs to be submitted with the DR 0172 form?

When submitting the DR 0172 form, contractors must attach copies of the contract or agreement. This documentation must identify the contracting parties, the bid amount, the type of work to be performed, and include the signatures of the contracting parties.

How does a prime contractor provide exemption certificates to subcontractors?

Upon receiving the Exemption Certificate, a prime contractor is responsible for making copies for each subcontractor involved in the project. Each copy must be completed with the subcontractor’s name and address and must be signed by the prime contractor. The original certificate must remain with the prime contractor.

What are the record-keeping requirements for these exemption certificates?

Prime contractors are required to retain copies of all exemption certificates that they issue to subcontractors. These records should be kept at the prime contractor’s place of business for a minimum of three years and must be available for inspection in the event of an audit.

Common mistakes

When individuals or businesses fill out the DR 0172 Colorado form, which is the Contractor Application for Exemption Certificate Pursuant to Statute § 39-26.708(1),(2),&(3), several common errors can lead to the application being delayed or denied. These errors can be easily avoided with careful attention to detail and a thorough understanding of the form's requirements.

  1. One common mistake is not providing complete contractor information. This includes leaving out important details such as the Contractor/Account No. for those filing for the first time, or incorrectly entering the period (MM/YY-MM/YY). It's essential to fill in all sections accurately to ensure the application is processed efficiently.

  2. A significant number of applications are delayed due to incomplete exemption information. Each application must be accompanied by copies of the contract or agreement page, identifying the contracting parties, bid amount, type of work, and signatures of contracting parties. Failing to attach these vital documents might result in the denial of the exemption certificate.

  3. Another mistake involves the handling of certificates for subcontractors. The form explicitly states that subcontractors will not be issued Certificates of Exemption by the Department of Revenue. It is the responsibility of the prime contractor to issue certificates to each of the subcontractors. Not following this procedure can lead to complications and potential penalties.

  4. Lastly, a common error is not adhering to the special notice regarding the procedure for repeat applicants. Once an 89# has been assigned, applicants should use the next five numbers following it for any applications submitted for future projects. Misunderstanding this instruction and entering the wrong sequence can delay processing.

To avoid these errors, applicants should read the form and accompanying instructions carefully, ensuring that all information is complete and accurate. By paying close attention to these common mistakes, individuals and businesses can streamline the application process for the Contractor's Exemption Certificate in Colorado.

Documents used along the form

When handling construction projects in Colorado, especially those that qualify for tax exemptions, understanding and tracking the necessary documentation becomes vital. The DR 0172 form is a key component in this process, enabling contractors to apply for exemption certificates for purchasing construction and building materials for designated exempt projects. However, this form doesn't stand alone. To ensure compliance and streamline the application process, several other documents often accompany the DR 0172 form, each serving a distinct but complementary purpose.

  • W-9 Form: Request for Taxpayer Identification Number and Certification. This form is used to provide the correct taxpayer identification number (TIN) to the entity managing the financial side of the contract, ensuring proper tax reporting and compliance.
  • Project Contract or Agreement: This includes the full contract or agreement between the contractor and the client, detailing the scope of the work, project duration, and financial terms. It is essential to substantiate the exemption request.
  • Colorado Sales Tax/Use Tax Exemption Certificate (DR 0563): This certificate allows for the purchase of materials and supplies without paying state sales and use tax, under specific conditions.
  • Proof of Tax-Exempt Status: Documentation proving the exempt status of the organization or entity for which the project is being completed. It could include a letter of exemption from the IRS or a similar document from the state of Colorado.
  • Bid Submission Documents: These documents provide evidence of the bid submitted for the exempt project, including pricing and scope of work, to support the information provided on the DR 0172 form.
  • Subcontractor Agreements: Copies of agreements between the prime contractor and any subcontractors involved in the project. This shows the flow-down of exemption certificates issued by the prime contractor.
  • Construction Project Budget: A detailed budget for the construction project, including labor and material costs, to further substantiate the values and scope indicated in the exemption certificate application.
  • Completion Certificate or Final Acceptance Document: While not required at the application stage, this document is often collected upon project completion to verify that the work for which the exemption was granted was fully executed and is in compliance with the project terms.

Navigating the complexities of tax exemptions for construction projects in Colorado requires attention to detail and an understanding of the required documentation. By assembling the right set of documents, including the DR 0172 form alongside the additional forms listed above, contractors can facilitate a smoother application process. This preparation not only aids in compliance with state regulations but also ensures a clearer path through the administrative aspects of managing exempt construction projects.

Similar forms

The DR 0172 Colorado form is similar to several other documents required for business and construction operations, specifically in how they facilitate tax exemptions and regulatory compliance. Understanding these similarities helps in navigating the complexity of legal and tax obligations for businesses engaged in construction and other industries.

Form ST-5 Sales Tax Exempt Purchaser Certificate – Much like the DR 0172 form, the ST-5 certifies an entity's eligibility to make tax-exempt purchases. However, while DR 0172 is specific to construction contractors in Colorado purchasing materials for a tax-exempt project, the ST-5 can apply to a broader array of organizations and purchases beyond construction, across multiple states. Both forms serve a similar purpose: to document the exemption qualification and ensure compliance with tax laws, but their scope and application settings differ.

Form W-9 Request for Taxpayer Identification Number and Certification – While not directly related to tax exemptions, Form W-9 is another critical document for contractors and businesses. It's used to provide a taxpayer identification number (TIN), which is necessary for reporting income and managing tax withholdings. The linkage between W-9 and DR 0172 comes into play during contractor-subcontractor relationships and financial transactions, where ensuring correct tax treatment of payments requires accurate TINs. Both forms highlight the importance of accurate and lawful financial and tax reporting in business operations.

Certificate of Capital Improvement (Form ST-124) – This certificate is used for construction projects to verify that a particular project is a capital improvement, making purchases related to the project exempt from sales tax. Like the DR 0172, it is designed to draw a clear line between taxable and non-taxable purchases within the construction industry. Although the DR 0172 focuses on the eligibility of contractors for material purchases specific to exempt projects, Form ST-124 similarly exempts materials used in capital improvements, emphasizing the legal distinctions between different types of construction projects and their tax implications.

Dos and Don'ts

Filling out the DR 0172 form, a Colorado Department of Revenue document for contractors seeking an exemption certificate for purchasing construction and building materials, requires precision and adherence to guidelines. Here is a detailed guide to ensure the form is completed correctly and efficiently:

Things You Should Do:

  • Provide accurate details: Ensure all information about the contractor and the exempt organization is complete and correct. Accurate details contribute to the smooth processing of your application.
  • Attach copies of the contract: The form requires attaching pages of the contract that identify the contracting parties, bid amount, type of work, and signatures. It's essential to attach these documents to validate the exemption request.
  • Retain the original certificate: Once you, as the prime contractor, receive the Contractor's Exemption Certificate, it's important to keep the original and distribute copies to subcontractors, if any.
  • Maintain records: Keeping copies of all issued certificates and contracts for a minimum of three years is vital for auditing purposes. These documents should be easily accessible at your place of business.
  • Use assigned numbers correctly: If you've been assigned a specific number (starting with 89#), use this correctly for future applications. Misuse or incorrect entry of this number can cause delays in your application processing.

Things You Shouldn't Do:

  • Leave fields blank: Failure to fill out all required fields accurately can lead to the denial of your application. It's important to review each section carefully and provide all requested information.
  • Misuse the certificate: The exemption certificate should only be used for its intended purpose—purchasing construction and building materials for the specified exempt project. Misuse can result in revocation and penalties.
  • Overlook the excluded items: Remember, the exemption does not apply to equipment, supplies, and materials that do not become part of the final structure. Ensure purchases adhere to these guidelines.
  • Submit without signatures: The form requires a signature under penalty of perjury, attesting to the accuracy of the information provided. Submitting the form without the necessary signatures can invalidate your application.
  • Ignore the changes in procedure: Be aware of procedural changes, such at the Department of Revenue no longer issuing individual Certificates of Exemption to subcontractors, and adjust your process accordingly.

Adhering to these dos and don'ts helps ensure that your application for a Contractor's Exemption Certificate is processed efficiently, allowing you to focus on your project's success.

Misconceptions

Many misconceptions exist surrounding the DR 0172 Form from the Colorado Department of Revenue, particularly regarding its use and application process. Below are six common misunderstandings that need clarification:

  • Exemption applies to equipment and rental supplies: There is a common belief that the exemption certificate covers the purchase or rental of equipment, supplies, and materials. However, it specifically excludes these items unless they become a part of the permanent structure or public works project.
  • One certificate covers all projects: Another misconception is that contractors can use a single exemption certificate for multiple projects. In reality, a separate certificate is required for each contract or project to be eligible for the exemption.
  • Subcontractors can directly obtain certificates: It's often misunderstood that subcontractors may apply for their own exemption certificates. The truth is that only prime contractors are issued certificates, and it's their responsibility to provide copies to subcontractors working under them.
  • Information fields on the form are optional: Completing the DR 0172 Form may seem straightforward, but every field must be accurately filled. Some contractors might think some boxes can be left blank if they're unsure, not realizing that failure to complete all sections will lead to application denial.
  • Application process is time-consuming: The perception that applying for an exemption certificate is a long and tedious process can deter contractors. However, the procedure is quite streamlined. As long as the correct information and required documentation are provided, the turnaround time can be relatively quick.
  • Certificates provide indefinite exemption: Lastly, there's a common belief that once obtained, the exemption certificate offers a permanent solution for tax exemption on eligible projects. This is not the case, as each certificate has a defined validity period tied to the specific project's duration.

Understanding the specific details and requirements of the DR 0172 Form is crucial for contractors seeking tax exemption on qualifying construction projects in Colorado. Clearing up these misconceptions helps ensure compliance with state regulations, smoothens the application process, and avoids potential penalties.

Key takeaways

When filling out the DR 0172 Colorado form, which is designed for contractors seeking an exemption certificate for construction and building materials for specific projects, it's important to understand the procedure and requirements. Here are key takeaways:

  • The exemption certificate applies exclusively to the purchase of construction and building materials that will become part of a public work owned and used by an exempt organization. Equipment, supplies, and materials that are not permanently affixed to the project are not covered.
  • Each contract requires a separate exemption certificate. The practice ensures that each project's specific details and eligibility are accurately represented and maintained.
  • Subcontractors cannot directly obtain Certificates of Exemption from the Department of Revenue. Instead, it is the prime contractor's duty to issue certificates to their subcontractors, highlighting the responsibility of the prime contractor to manage exemption certificates down the contracting chain.
  • The form requires detailed contractor information, including the company or individual's name, contact details, and the relevant tax account number. Precision in this section is crucial for identification and processing purposes.
  • Comprehensive exempt organization information must be provided. This includes the name as shown on the contract, the exempt organization's number, and contact details for a principal contact at the exempt organization, ensuring transparency and accountability.
  • Failure to accurately complete all parts of the form will result in the denial of the application. This underscores the importance of thoroughness and accuracy in providing the required information.
  • The contractor must attach copies of the contract or agreement identifying the contracting parties, bid amount, type of work, and signatures. This documentation is critical for verifying the project's eligibility for a tax exemption.
  • Upon receiving the Certificate of Exemption, the prime contractor is expected to make copies for each subcontractor and retain the original. This procedure is part of maintaining proper documentation and compliance with the Department of Revenue's auditing processes.

Familiarity with these key points can assist contractors in navigating the application process for a DR 0172 Exemption Certificate in Colorado efficiently and complying with state regulations.

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