Making Mail-Order and Internet Sales
Rev. 3/23 6
SSUTA Exemption Certificate. As long as the purchaser completes the Streamlined Sales and
Use Tax Agreement Certificate of Exemption (Form ST-SST
) and provides it to the seller, the
seller is relieved of responsibility for collecting Sales Tax, even if it is later determined that the
purchaser was not eligible for the exemption. The certificate is accepted by all Streamlined
Sales and Use Tax Agreement member states. (See page 11.) For more information, see
Sales
Tax Exemption Administration.
Collecting Sales Tax
If you are a New Jersey seller, you must collect Sales Tax on all taxable items that you sell and
deliver to a New Jersey location. This is true even if an out-of-state customer purchases a
product from you and has it shipped to a recipient in New Jersey (e.g., a gift). A taxable
transaction also occurs if your customer, or an agent acting on behalf of the customer, takes
possession of the property in N
ew Jersey even if the items are l
ater shipped
out of state. If th
e
customer is given a sales slip, invoice, receipt or
other statement showing the price, service
charge, amusement charge, or rent paid or payable, the tax must be stated, charged, and
shown separately on the document that is provided (N.J.S.A. 54:32B-12(a)).
Delivery Charges. Your charges for the delivery of property (or services) directly to your
customer are subject to Sales Tax if the items sold are subject to tax. Delivery charges for
nontaxable items are not subject to tax. “Delivery charges” means your charges for the
preparation and delivery
of property or services. This includes transportation, shipping,
postage, handling, crating, packing, etc., even if such charges are separately stated on the bill.
The taxability of delivery charges follows the taxability of the property or services sold. Thus,
if a shipment includes both taxable and exempt property, you must allocate the delivery
charges based on either total sales price or total weight, and collect tax on the portion of the
delivery charges allocated to the taxable property. If you don’t allocate the delivery charges
for a shipment that includes both taxable and exempt property, you must charge tax on the
entire delivery charge.
Sales for Resale. When another business, whether registered in New Jersey or in another
state, buys your product for resale and takes possession in New Jersey, the transaction is not
taxable. However, the purchaser must give you a fully completed Resale Certificate (
Form ST-
3) or Streamlined Sales and Use Tax Agreement Certificate of Exemption (Form ST-SST). If a
customer claiming a resale exemption does not give you a fully completed ST‑3 or ST-SST,
you must collect New Jersey Sales Tax from that customer.