Class: Fuel Tax Surety Bonds

The following provides a brief summary of Sales and Use Tax information for construction contractors. The Sales Tax Law levies a 3.5% Contractor tax on all non-residential construction activities when the total contract price or compensation received exceeds $10,000.00. Material Purchase Certificate (MPC) Prior to beginning work, the prime contractor(s) is required to apply for a MPC for the contract .You may apply for a MPC on TAP . For non-residential contracts exceeding $75,000.00, the Contractor tax and any use tax due must be paid before work begins. An exception to paying the taxes due requires that a surety bond is filed with the DOR to guarantee payment of the taxes. All contractors without a physical location in Mississippi are required to prepay the taxes due or bond all contracts over $10,000. Contractors with a physical location in Mississippi are required to bond or prepay the taxes due on all contracts over $75,000. The 3.5% Contractor tax is imposed against the prime contractor and is due on all non-residential, commercial contracts regardless of whether or not the owner is a governmental, exempt, or non-profit entity. As example construction contracts for the U.S. Government, the State of Mississippi, a non-profit hospital, or a church are subject to the tax. Residential construction (not including apartments or condominiums) is excluded from the 3.5% Contractor tax, but is subject to retail sales taxes. Additional information regarding Sales and Use Tax is available through notices and technical bulletins, the Mississippi Administrative Code Title 35 Part IV ?(Sub-part 10, Chapter 1) and the Mississippi Code, Title 27, Chapter 65 and Chapter 67.

Mississippi Petroleum Tax Bond A distributor is any person who receives, imports, acquires, purchases, sells or distributes any taxable petroleum product (gasoline, ethanol, aviation gasoline, dyed diesel fuel, undyed diesel fuel, kerosene, fuel oil, bio-diesel or jet fuel, compressed gas or lubricating oil [motor oil]) on which the petroleum excise taxes have not been paid or any person engaged in business as a refiner, blender, marine terminal or pipeline terminal operator, any person who exports Special Fuel (dyed diesel fuel, undyed diesel fuel, kerosene, fuel oil, bio-diesel or jet fuel), or any person engaged in the distribution of Special Fuel by tank car, tank truck or both or any person licensed to sell gasoline or diesel fuel in another state or jurisdiction who is authorized by that state or jurisdiction to collect the Mississippi Gasoline Taxes and Diesel Fuel Taxes. Such person is required to obtain distributor’s permits from the Department of Revenue before engaging in business and to post a bond in an amount to be determined by the Department.