Retail sales of tangible personal property are always subject to Vermont Sales Tax unless specifically exempted by Vermont law. This applies to any sale, lease, or rental but does not include resale, sublease, or subrental.
We will not cover all exemptions here but will discuss the three broad categories of exemptions, exemptions commonly used, and provide examples. For more information on Vermont Sales and Use Tax and exemptions, see Vermont law at 32 V.S.A Chapter 233 and Vermont regulation at Reg. § 1.9701.
Exemption for Agricultural Machinery and Equipment
Starting July 1, 2016, agricultural machinery and equipment is exempt from sales and use tax if it is used predominately in the production of agricultural or horticultural commodities for sale. “Predominately” means 75 percent of the time it is in use. Learn more about the exemption for agricultural machinery and equipment.
This exemption is based on the type of organization making the purchase or sale. Some exempt organizations are the federal government, State of Vermont, nonprofit organizations qualifying for exempt status under federal law at 26 U.S.C. § 501(c)(3), agricultural organizations qualifying under 26 U.S.C. § 501(c)(5) in some circumstances, volunteer fire departments, ambulance companies, and rescue squads.
The exemptions for these and other qualifying organizations are not always blanket exemptions. The exemption may depend on what is purchased, the type of event being held where items are sold, and other restrictions placed on the exemption.
Some entity-based exemptions are very specific and narrow. For example, sales of the United States flag either to or by veterans’ organizations exempt under federal law at U.S.C. § 501(c)(19) are exempt from tax.
Learn more about nonprofits and exempt organizations.
An item is exempt from tax based on how the purchaser actually uses the item. For example:
- The sale of fertilizer is subject to sales tax. If you buy fertilizer for the flower beds surrounding your home, you will pay the sales tax. If, however, the fertilizer is to be used directly and exclusively for farming purposes, it is exempt from tax.
- Tangible personal property that becomes a component of a manufactured product is also exempt. If you’re a manufacturer who buys a bolt that becomes part of a product for sale, then you will not pay tax. If, however, you buy a bolt at the hardware store to repair your fence, you will pay the sales tax.
An item is exempt from tax based on the product type or category. Tangible personal property in this category is exempt from sales tax regardless of who purchases the product or how it will be used. For example, drugs intended for human consumption is a product-based exemption. This means aspirin is exempt whether the purchaser uses the drug to relieve a headache or to nourish houseplants.
Another example is food sold by a grocery store or market and which is intended for human consumption later off the premises of the seller. It does not matter whether you are purchasing canned tuna for yourself to make the next day’s lunch or to feed your cat. The tuna is exempt from sales tax for any use.
To obtain an entity-based, used-based, or resale exemption, the buyer must provide the seller with an exemption certificate at the time of purchase. The seller retains the exemption certificate for at least three years from the date of the last sale covered by the certificate. Exemption certificates are not filed with the Vermont Department of Taxes, but the seller must produce an exemption certificate when it is requested by the Department.
View a list of available exemption certificates.