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I'm in the process of getting my brand up and running here in NY... I have my business registered as an LLC, Certificate of Authority with NYS Tax, website domain paid for as well e-commerce tools, quickbooks etc, Designs and I'm waiting for affidavits for my local newspapers to fulfill the publishing requirement for LLC's here in NYS.

My question is when purchasing items such as gifts that you may give away as promotional items either at Trade Shows or freebies to your customers for their purchase. Or maybe even a few shirts you may give to friends to wear as promotion. Do you purchase this under your blanket Resale Certificate with your vendor?

I noticed on the NYS Tax website form ST-121.2 Exemption Certificate for Purchases of Promotional Materials.

My understanding is that items/inventory purchased with the resale Certificate and used or given away is subject to Use Tax since it no longer available for its intended purpose which is to be resold.

Anyone have any experience with this?

Thanks in advance

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