Vermont § 9711 - Election by manufacturer or retailer

§ 9711. Election by manufacturer or retailer

• (a) As used in this section: (1) “Manufacturer” is any person that is primarily engaged in the business of manufacturing
  tangible personal property for sale. (2) “Retailer” is any person that is primarily engaged in the business of making retail
  sales of tangible personal property. (b) A manufacturer or retailer that purchases material and supplies for use by them in
  erecting structures or otherwise improving, altering, or repairing real property shall
  be permitted to make an election that it will be treated as a retailer on the purchase
  of those materials and supplies, and such purchase will not be considered a retail
  sale under subdivision 9701(5) of this title. (c) A manufacturer or retailer making an election under subsection (b) of this section
  shall charge sales tax to its customer on its materials and supplies or, in the case
  of a manufacturer, the finished manufactured products, when it uses those materials,
  supplies, or finished manufactured products in erecting structures or otherwise improving,
  altering, or repairing real property. The sales price for the purposes of calculating
  sales tax on materials, supplies, or finished manufactured products shall not be less
  than the manufacturer’s or retailer’s best customer price. The tax charged shall be
  separately stated on any invoice or receipt. (d) An election made under subsection (b) of this section shall be binding on a manufacturer
  or retailer for a minimum of five years and shall remain in effect until the manufacturer
  or retailer files a withdrawal of election. No manufacturer or retailer shall be entitled
  to a refund on the basis of a withdrawal of an election. (e) The provisions of this section shall not excuse any person from the obligation to
  collect tax on retail sales of tangible personal property not used in erecting structures
  or otherwise improving, altering, or repairing real property or from the obligation
  to pay sales tax or remit the use tax on tools, services, and other materials that
  are not used in erecting structures or otherwise improving, altering, or repairing
  real property. (f) An election made under subsection (b) of this section shall be made on a form prescribed
  by the Commissioner and filed with the Department of Taxes at least 30 days prior
  to such election taking effect. (Added 2015, No. 134 (Adj. Sess.), § 23.)