Form ST-809 New York State and Local Sales and Use Tax Return for Part-Quarterly (Monthly) Filers Re 2026

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Form ST-809 New York State and Local Sales and Use Tax Return for Part-Quarterly (Monthly) Filers Re Preview on Page 1

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Definition & Meaning

Form ST-809, known as the New York State and Local Sales and Use Tax Return for Part-Quarterly (Monthly) Filers, is designed to capture sales tax information from businesses operating within New York State that file on a monthly basis. The form assists the New York State Department of Taxation and Finance in collecting sales tax revenue, which is critical for funding state and local government services. Businesses use this form to report their gross sales, determine the taxable portion, and compute the tax owed.

How to Use the Form ST-809

To properly utilize Form ST-809, businesses must accurately calculate total sales and ascertain taxable sales amounts. This involves documenting all transactions that occurred within the applicable month. Taxable sales include not only tangible personal property but also certain services subject to sales tax under New York law. Businesses must ensure they account for any exempt sales or credits that minimize their taxable base.

  1. Gather Sales Data: Collect all sales data for the month, including invoices, receipts, and purchase orders.
  2. Determine Taxable Sales: Identify which sales are subject to tax and apply the correct rates.
  3. Calculate Tax Due: Use the form's guidelines to compute the amount of sales tax owed based on the taxable sales.
  4. Complete the Form: Fill in all required sections, ensuring precision to avoid penalties.
  5. Submit and Pay: File the form electronically or via mail and include payment for the tax due by the indicated deadline.

Steps to Complete the Form ST-809

Completing Form ST-809 involves several detailed steps that ensure accuracy and compliance.

  1. Section 1: Gross Sales Reporting

    • Enter total gross sales for the reporting period, ensuring to include all sources of revenue.
    • Deduct any nontaxable sales directly on the form.
  2. Section 2: Taxable Sales Calculations

    • Calculate the taxable portion of your sales, which involves subtracting exempt sales from the gross sales total.
  3. Section 3: Tax Rate Application

    • Apply the appropriate tax rates for state and local taxes to the taxable sales amount to determine the tax due.
  4. Section 4: Credits and Prepayments

    • Include any credits, such as returns or prepayments, to adjust the total tax liability.
  5. Review and Submit

    • Carefully review entries to ensure all information is complete and correct. Submit electronically or by mail before the deadline.

Filing Deadlines / Important Dates

The filing deadline for Form ST-809 is crucial for ensuring compliance and avoiding penalties. For monthly filers, the form covering October must be electronically filed or postmarked by November 20, 2024. It is essential to adhere to these dates as late filing can result in penalties and interest charges.

  • October Filing Deadline: November 20, 2024
  • Late Fees Applicable From: November 21, 2024

Penalties for Non-Compliance

Failure to file Form ST-809 on time or to pay the full amount of sales tax due can result in significant penalties. The New York State Department of Taxation and Finance may impose additional charges, including interest on the outstanding tax balance, and penalties for late submission or payment.

  • Late Filing Penalties: Typically 5% of the tax due per month, up to a maximum of 25%.
  • Interest Charges: Compounded daily on unpaid tax and penalty amounts.

Taxpayer Scenarios

Form ST-809 is relevant for a variety of taxpayer scenarios, particularly businesses with monthly sales tax liabilities.

  • Retail Businesses: Operations with regular monthly sales that require frequent tax submissions.
  • Service Providers: Businesses that offer taxable services under New York law and need to report sales tax monthly.
  • Online Retailers: Companies selling goods to New York customers and conducting a significant number of transactions monthly.
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Who Typically Uses the Form ST-809

Typically, businesses mandated to file Form ST-809 include those with significant sales volumes that require monthly reporting. This includes:

  • Large Retail Chains: Consistently high sales volume necessitates part-quarterly filing.
  • Franchises: Multiple locations within New York may prompt a need for monthly tracking and reporting.
  • Service Companies: Billed monthly services to New York clients might fall under taxable categories, needing regular reporting.
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Form Submission Methods (Online / Mail)

Form ST-809 offers flexibility in submission methods, accommodating different preferences and access.

  • Electronic Filing: Recommended for efficiency and immediate confirmation of receipt. Businesses can use the New York State Online Tax Center.
  • Mail-In Submission: Accepted but requires accounting for postal delays. Ensure the form is postmarked by the deadline.
  • In-Person Submission: Less common, often done when seeking assistance or clarification directly from the tax office.

Ensure that whichever method is chosen, all submission guidelines are strictly adhered to, particularly deadlines and full payment of the tax owed.

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Sales tax - applies to retail sales of certain tangible personal property and services. Use tax - applies if you buy tangible personal property and services outside the state and use it within New York State. Clothing and footwear under $110 are exempt from New York City and NY State sales tax.
If you are an individual taxpayer If youre an individual taxpayer and want to request a refund of sales or use tax paid, you must file for a refund using paper Form AU-11.
Every person who sells taxable tangible personal property or taxable services (even if you make sales from your home, are a temporary vendor, or only sell once a year) must register with the Tax Department through New York Business Express before beginning business.
Gas, electricity, refrigeration, steam, telephone, and television services. Barbers, beauticians, hair restoration, manicures, pedicures, electrolysis, massage, and other similar services. Occupancy of hotel and motel rooms. Cleaning, maintenance, and repair services.
Depending on the state, these may include government entities, non-profits, and schools, to name a few. It is the buyers responsibility to provide their exemption certificates in order to not be charged sales tax, and sellers need to keep documentation of these exemptions on file.

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People also ask

As a resident, you pay state tax (and city tax if a New York City or Yonkers resident) on all your income no matter where it is earned. As a nonresident, you only pay tax on New York source income, which includes earnings from work performed in New York State, and income from real property located in the state.
Income tax responsibilities must file Form IT-204, Partnership Return if it has either (1) at least one partner who is an individual, estate, or trust that is a resident of New York State, or (2) any income, gain, loss, or deduction from New York sources (see instructions).
The use tax is a form of sales tax that you must pay for goods and services you intend to use in a state where youd normally pay sales tax and purchase anywhere else where they arent required to collect sales tax. The government does this to ensure that local sellers arent at a disadvantage.

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