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The Form ST-105, governed by the Indiana Department of Revenue, plays a crucial role for Indiana registered retail merchants and businesses outside Indiana in navigating tax-exempt purchases within the state. Specifically designed to facilitate transactions exempt from general sales tax, this certificate finds its basis in compliance with Indiana code, ensuring that exemptions are strictly claimed within the scope of state regulations. It's important to note that exemptions applicable in other states do not hold validity for purchases from Indiana vendors, and certain purchases like utilities, vehicles, watercraft, or aircraft are explicitly excluded from exemption claims. A key requirement for the applicability of this certificate is the purchaser's registration with the Department of Revenue or an equivalent authority in the purchaser's state, emphasizing the need for accurate and complete information across all sections of the form to qualify for tax exemption. In instances where purchasers lack the complete information, they are obligated to pay the sales tax but have the recourse to file a claim for a refund. Furthermore, the ST-105 form also encompasses exemptions from county innkeeper’s taxes and local food and beverage taxes, making it a versatile tool for qualifying purchases beyond mere sales tax exemption. It mandates detailed information from the purchaser, including identification numbers and explicit details of the exemption request, ensuring transparency and accountability in claiming tax exemptions.

Sample - St 105 Indiana Form

Form ST-105

Indiana Department of Revenue

(R5 / 6-17)

General Sales Tax Exemption Certificate

State Form 49065

 

Indiana registered retail merchants and businesses located outside Indiana may use this certificate. The claimed exemption must be allowed by Indiana code. Exemption statutes of other states are not valid for purchases from Indiana vendors. This exemption certificate can not be issued for the purchase of Utilities, Vehicles, Watercraft, or Aircraft. Purchaser must be registered with the Department of Revenue or the appropriate taxing authority of the purchaser’s state of residence.

Sales tax must be charged unless all information in each section is fully completed by the purchaser. Purchasers not able to provide all required information must pay the tax and may file a claim for refund (Form GA-110L) directly with the Department of Revenue. A valid certificate also serves as an exemption certificate for (1) county innkeeper’s tax and (2) local food and beverage tax.

Section 2 Section 1 (print only)

Section 3

Section 4

Name of Purchaser:________________________________________________________________________________________

Business Address:_ _______________________ City:____________________ State:__________ ZIP Code:_____________

Purchaser must provide minimum of one ID number below.*

Provide your Indiana Registered Retail Merchant’s Certificate TID and LOC Number as shown on your Certificate.

TID Number (10 digits):____________________________ - LOC Number (3 digits):________________

If not registered with the Indiana DOR, provide your State Tax ID Number from another State

*See instructions on the reverse side if you do not have either number.

State ID Number:__________________________

State of Issue:_________________

Is this a blanket purchase exemption request or a single purchase exemption request? (check one)

Description of items to be purchased:__________________________________________________________________________

must indicate the type of exemption being claimed for this purchase. (check one or explain)

Sales to a retailer, wholesaler, or manufacturer for resale only.

Sale of manufacturing machinery, tools, and equipment to be used directly in direct production.

Sales to nonprofit organizations claiming exemption pursuant to Sales Tax Information Bulletin #10. (May not be used for

personal hotel rooms and meals.)

Sales of tangible personal property predominately used (greater then 50 percent) in providing public transportation - provide USDOT Number. A person or corporation who is hauling under someone else’s motor carrier authority, or has a contract as a school bus operator, must provide their SSN or FID Number in lieu of a State ID Number in Section 1.

USDOT Number:______________________

Sales to persons, occupationally engaged as farmers, to be used directly in production of agricultural products for sale. Note: A farmer not possessing a State Business License Number may enter a FID Number or a SSN in lieu of a State ID

Number in Section 1.

Sales to a contractor for exempt projects (such as public schools, government, or nonprofits).

Sales to Indiana Governmental Units (agencies, cities, towns, municipalities, public schools, and state universities).

Sales to the United States Federal Government - show agency name._ __________________________________________

Note: A U.S. Government agency should enter its Federal Identification Number (FID) in Section 1 in lieu of a State ID

Number. Other - explain.________________________________________________________________________________________Purchaser

I hereby certify under the penalties of perjury that the property purchased by the use of this exemption certificate is to be used for an exempt purpose pursuant to the State Gross Retail Sales Tax Act, Indiana Code 6-2.5, and the item purchased is not a utility, vehicle, watercraft, or aircraft.

I confirm my understanding that misuse, (either negligent or intentional), and/or fraudulent use of this certificate may subject both me personally and/or the business entity I represent to the imposition of tax, interest, and civil and/or criminal penalties.

Signature of Purchaser:______________________________________________

Date:_ ______________________________

Printed Name:_____________________________________________________

Title:________________________________

The Indiana Department of Revenue may request verification of registration in another state if you are an out-of-state purchaser.

Seller must keep this certificate on file to support exempt sales.

Instructions for Completing Form ST-105

All four sections of the ST-105 must be completed or the exemption is not valid and the seller is responsible for the collection of the Indiana sales tax.

Section 1

A)This section requires an identification number. In most cases this number will be an Indiana Department of Revenue issued Taxpayer Identification Number (TID - see note below) used for Indiana sales and/or withholding tax reporting. If the purchaser is from another state and does not possess an Indiana TID Number, a resident state’s business license, or State issued ID Number must be provided.

B)Exceptions - For a purchaser not possessing either an Indiana TID Number or another State ID Number, the following may be used in lieu of this requirement.

Federal Government – place your FID Number in the State ID Number space. Farmer – place your SSN or FID Number in the State ID Number space.

Public transportation haulers operating under another motor carrier authority, or with a contract as a school bus operator, must indicate their SSN or FID Number in the State ID Number space.

Nonprofit Organization – must show its FID Number in the State ID Number space.

Section 2

A)Check a box to indicate if this is a single purchase or blanket exemption.

B)Describe product being purchased.

Section 3

A)Purchaser must check the reason for exemption.

B)Purchaser must be able to provide additional information if requested.

Section 4

A)Purchaser must sign and date the form.

B)Printed name and title of signer must be shown.

Note: The Indiana Taxpayer Identification Number (TID) is a ten digit number followed by a three digit LOC Number. The TID is also known as the following:

a)Registered Retail Merchant Certificate

b)Tax Exempt Identification Number

c)Sales Tax Identification Number

d)Withholding Tax Identification Number

The Registered Retail Merchant Certificate issued by the Indiana Department of Revenue shows the TID (10 digits) and the LOC (3 digits) at the top right of the certificate.

Form Overview

Fact Detail
Form Name ST-105 Indiana General Sales Tax Exemption Certificate
Form Number 49065
Revision Date R5 / 6-17
Issuing Body Indiana Department of Revenue
Applicability Indiana registered retail merchants and businesses located outside Indiana
Usage Restrictions Cannot be used for purchase of Utilities, Vehicles, Watercraft, or Aircraft
Registration Requirement Purchaser must be registered with the Department of Revenue or the appropriate taxing authority of the purchaser’s state of residence
Governing Law State Gross Retail Sales Tax Act, Indiana Code 6-2.5
Exemption Types Included Sales to retailers, manufacturers, nonprofit organizations, agricultural production, contractors for exempt projects, Indiana Governmental Units, the United States Federal Government, etc.

Guide to Filling Out St 105 Indiana

Filling out the ST-105 Indiana form is a straightforward process that enables Indiana registered retail merchants and businesses located outside Indiana to claim a sales tax exemption on eligible purchases. This document is critical for ensuring that your business operations comply with Indiana sales tax laws when purchasing items exempt from state sales tax. To successfully complete this form, attention to detail in each section is necessary, as incomplete information could result in the denial of the exemption claim. Follow these steps carefully to avoid any complications.

  1. Begin with Section 1, which requires the identification of the purchaser. If you have an Indiana Department of Revenue issued Taxpayer Identification Number (TID), enter it along with the LOC Number in the spaces provided. If your business is not registered in Indiana but possesses a State ID Number from another state, enter this information. Otherwise, based on your status (e.g., federal government, farmer, public transportation hauler, or non-profit organization), use the indicated alternative (FID Number, SSN, etc.) in the space for the State ID Number.
  2. Move on to Section 2. Here, you must indicate whether the exemption certificate is for a "single purchase exemption request" or a "blanket purchase exemption." Check the box that applies to your situation. Additionally, provide a detailed description of the items to be purchased.
  3. In Section 3, you're required to specify the type of exemption being claimed for the purchase by checking the appropriate box or providing a necessary explanation. Ensure to select the option that accurately reflects the purpose of your purchases, whether it's for resale, manufacturing, use by nonprofit organizations, for public transportation, agricultural production, contractor for exempt projects, governmental units, or the United States Federal Government, among others.
  4. Finally, complete Section 4. The purchaser must sign and date the form, evidencing the certification that the purchased property is intended for a legally exempt purpose. It's also essential to print the name and title of the individual completing the form.

After filling out the form, ensure all provided information is accurate and reflects your exemption claim genuinely. The completed ST-105 form should then be maintained by the seller to support exempt sales. Remember, misuse or fraudulent use of this certificate could lead not only to the loss of tax exemption but also to the imposition of penalties, including tax liabilities and potentially criminal penalties. Careful adherence to the instructions and honesty in representing your purchase intentions are paramount in this process.

Frequently Asked Questions

What is the ST-105 form used for in Indiana?

The ST-105 form, or General Sales Tax Exemption Certificate, allows Indiana registered retail merchants and businesses located outside Indiana to make exempt purchases from Indiana vendors without paying sales tax. These purchases must be for resale or for other exempt purposes as allowed by Indiana law. It is not applicable for buying utilities, vehicles, watercraft, or aircraft.

Who can use the ST-105 form?

Both Indiana registered retail merchants and out-of-state businesses that are registered with their own state's taxing authority or the Indiana Department of Revenue can use this form. However, to qualify, purchasers must fully complete the form with accurate information to claim the exemption from sales tax.

What information is required on the ST-105 form?

The form requires the purchaser’s business name and address, a minimum of one ID number (Indiana Registered Retail Merchant’s Certificate TID and LOC Number or a State Tax ID Number from another state), and the nature of the exemption being claimed. Additionally, purchasers must specify if the exemption request is for a single purchase or if it's a blanket exemption for multiple purchases.

Can the ST-105 form be used for all types of purchases?

No, the ST-105 form cannot be used for the purchase of utilities, vehicles, watercraft, or aircraft. It is specifically designed for transactions that qualify for sales tax exemption under Indiana code, such as sales to retailers, manufacturers for resale, sales of manufacturing machinery, and sales to non-profit organizations for exempt purposes.

What if I don’t have an Indiana TID number or a state tax ID from another state?

For purchasers who do not have an Indiana TID Number or another State ID Number, alternative identification can be used. This includes a Federal Identification Number (FID) for U.S. Government agencies, a Social Security Number (SSN), or a Federal ID Number (FID) for farmers, public transportation haulers, non-profit organizations, and certain other exceptions detailed in the form's instructions.

Is the exemption automatic once the ST-105 form is completed?

No, completing the ST-105 form alone does not automatically grant exemption from sales tax. Sellers are required to keep the certificate on file and may request verification of exemption qualification. If the form is not fully completed or if the claimed exemption is not allowed by Indiana code, the purchaser must pay sales tax.

What are the responsibilities of the seller in regards to the ST-105 form?

Sellers must collect and keep the completed ST-105 form on file to support any exempt sales. They are responsible for ensuring that the form is fully completed and that the sale qualifies for an exemption under Indiana law. If the form is incomplete or if the exemption does not apply, the seller must collect sales tax from the purchaser.

Can I use the ST-105 form for a one-time purchase or is it only for ongoing purchases?

The ST-105 form can be used for both single purchase exemptions and for blanket exemptions covering multiple purchases. When completing the form, the purchaser must indicate by checking the appropriate box whether the exemption request is for a single purchase or a blanket exemption.

What happens if I misuse the ST-105 form?

Misuse, whether negligent or intentional, and/or fraudulent use of the ST-105 exemption certificate can subject the individual and/or the business entity represented to the imposition of tax, interest, and potentially civil and/or criminal penalties. It is critical to ensure that all information provided on the form is accurate and that the exemption claimed is valid under Indiana code.

Common mistakes

When filling out the Form ST-105, commonly referred to as the Indiana General Sales Tax Exemption Certificate, individuals frequently encounter pitfalls that can render the exemption invalid. Understanding these common errors can ensure that the process is managed accurately and effectively.

One of the first mistakes involves incomplete sections; all four sections of the ST-105 must be fully completed. If any section is left blank or partially filled, the exemption is not valid, obliging the seller to charge sales tax. This completeness is crucial because it provides comprehensive information that justifies the exemption under Indiana law.

Another error is providing incorrect identification numbers in Section 1. Purchasers must provide either an Indiana Department of Revenue issued Taxpayer Identification Number (TID), a resident state's business license number, or another State-issued ID Number. Notably, certain exceptions exist, such as for federal government agencies, farmers, public transportation haulers, or nonprofit organizations, which allow for alternate forms of identification like Federal Identification Numbers (FID) or Social Security Numbers (SSN).

In Section 2, purchasers often mistakenly neglect to indicate whether the certificate covers a single purchase or is intended as a blanket exemption for future transactions. This distinction is critical for sellers to record the nature of the exempt transactions accurately.

Misunderstanding the type of exemption being claimed in Section 3 also leads to errors. The form provides a list of exemptions, including sales for resale, manufacturing equipment, and purchases by nonprofit organizations. Incorrectly identifying the exemption type, or failing to check one at all, can invalidate the certificate.

Lack of signature or dating the form in Section 4 is another common oversight. The exemption certificate holds legal weight only when it is signed and dated by the purchaser, certifying the exemption under penalties of perjury. This action formalizes the declaration that the purchased goods qualify for exemption under the specified conditions.

  1. Not completing all four sections of the form.
  2. Submitting incorrect ID numbers in Section 1.
  3. Forgetting to specify the nature of the exemption as either a single or blanket in Section 2.
  4. Selecting an incorrect or unclear exemption category in Section 3.
  5. Failing to sign and date the form, thus not certifying the claim.

Less common, yet significant mistakes include:

  • Using exemption statutes of other states, not recognizing that only Indiana code-based exemptions are valid.
  • Attempting to issue the certificate for non-eligible items such as utilities, vehicles, watercraft, or aircraft.
  • Not understanding that a valid certificate also serves as an exemption certificate for county innkeeper’s tax and local food and beverage tax, leading to missed opportunities for broader tax relief.

These mistakes can be easily avoided with careful reading of the form instructions and ensuring completeness and accuracy in all provided information. By addressing these common pitfalls, purchasers and sellers alike can ensure the proper and legal use of the Form ST-105 for sales tax exemptions in Indiana.

Documents used along the form

When handling transactions that make use of the Form ST-105 Indiana General Sales Tax Exemption Certificate, it's essential to recognize that this form is just a fragment of the documentation spectrum required in specific scenarios. This ensures clarity and compliance with Indiana state regulations. Among various forms and documents, there are several that frequently accompany Form ST-105, each serving its distinct purpose in the broader context of tax exemption and financial documentation. Understanding these documents can significantly streamline the compliance process for businesses and individuals alike.

  • Form GA-110L (Claim for Refund): Often used together with Form ST-105, this document comes into play when a purchaser has erroneously paid sales tax on a transaction that should have been tax-exempt. This situation might arise if, at the time of purchase, the purchaser couldn't provide all the necessary information on Form ST-105. The Claim for Refund lets the purchaser request a refund of the taxes paid directly from the Department of Revenue.
  • Registered Retail Merchant Certificate: This certificate provides evidence that a business is registered as a retail merchant in Indiana. It displays the Taxpayer Identification Number (TID) and the Location Code (LOC), both of which need to be provided on Form ST-105. It's essential for corroborating the status of the purchaser as a registered merchant entitled to make sales tax-exempt purchases under certain conditions.
  • Form BT-1: Business Tax Application: Before obtaining a Registered Retail Merchant Certificate and using Form ST-105, businesses must complete the BT-1 form to register with the Indiana Department of Revenue. This application covers various taxes, including sales tax, withholding tax, and others. It's the starting point for new businesses to officially report and remit taxes, paving the way for sales tax exemption eligibility on qualifying purchases.
  • Form NP-20A: Nonprofit Application for Sales Tax Exemption: Nonprofit organizations intending to make purchases exempt from sales tax as delineated in the ST-105 instructions must file this form to be recognized as eligible for exemptions. The NP-20A application allows nonprofit entities to establish their tax-exempt status under Indiana law, subsequently enabling them to use Form ST-105 for exempt purchases. It's crucial for nonprofits to maintain compliance and avail themselves of tax benefits rightly afforded to them.

Navigating the nuances of sales tax exemption in Indiana requires more than just filling out Form ST-105 correctly. It involves understanding the broader ecosystem of forms and documents that affirm a business or organization's eligibility for tax-exempt purchases. From establishing one's legal and tax identity in the state to requesting refunds for erroneously paid taxes, each document plays a key role in the seamless operation of sales tax exemption procedures. Keeping accurate and up-to-date records of these documents can facilitate a smoother interaction with the Indiana Department of Revenue, ensuring that tax-exempt transactions are processed efficiently and in accordance with the law.

Similar forms

The ST-105 Indiana form, a General Sales Tax Exemption Certificate, serves a specific purpose similar to several other documents utilized across the United States for tax-exemption purposes in business transactions. These documents, while distinctive in their applicability and use within their respective states or contexts, share common features in terms of structure, required information, and the principles governing their use.

Form W-9, Request for Taxpayer Identification Number and Certification, bears similarity to the ST-105 in that it requires the provision of a Taxpayer Identification Number (TIN) and certifies the accuracy of the information provided under penalties of perjury. Both forms serve as a declaration to governmental or financial entities to support non-withholding of taxes or to claim tax-exempt status. However, Form W-9 is used more broadly across the United States for various transactions beyond sales tax exemption, including as a standard form for entities engaging in transactions that necessitate tax reporting to the Internal Revenue Service (IRS).

Uniform Sales & Use Tax Exemption/Resale Certificate - Multijurisdiction is another document with functionalities similar to the ST-105 form. This certificate is used by sellers and resellers to claim exemption from sales and use taxes in multiple states, based on each state's tax laws. Like the ST-105, it requires the identification of the purchaser and their eligibility for tax exemption. Both forms mandate the disclosure of business information and the nature of the exempt purchase. The key difference lies in the multijurisdictional application of this form, making it convenient for businesses operating across state lines, unlike the ST-105 which is specific to Indiana.

The specific nature of these forms, including the ST-105, reflects the broader legislative and administrative frameworks designed to regulate tax exemptions within commercial transactions. They ensure compliance with tax laws, while also providing mechanisms for businesses to operate efficiently in the context of these regulations.

Dos and Don'ts

When filling out the ST-105 Indiana General Sales Tax Exemption Certificate, it's crucial to take accurate steps to ensure compliance and validity. This guide outlines essential dos and don'ts during the process.

Do:

  1. Fully complete all four sections of the form: Incomplete forms are considered invalid, leading to the seller being responsible for the collection of Indiana sales tax.
  2. Provide an accurate identification number in Section 1: This could be an Indiana Department of Revenue issued Taxpayer Identification Number (TID) for Indiana businesses or a state-issued ID number for out-of-state purchasers.
  3. Check the correct box to indicate if the exemption is for a single purchase or a blanket purchase: This clarification in Section 2 aides in proper record-keeping and compliance.
  4. Clearly describe the product being purchased: Specificity in Section 2 helps clarify the exempt status of the purchase.
  5. Select the correct reason for exemption in Section 3: Your eligibility for exemption depends on accurately identifying the purpose of the purchase according to the allowed categories.
  6. Sign and date the form in Section 4: An unsigned form is not valid. The signature attests to the accuracy of the information provided and compliance with applicable laws.

Don't:

  • Leave any section incomplete: Neglecting to fill out any part of the form can invalidate the entire certificate, making the purchase subject to sales tax.
  • Use exemption statutes of other states: The ST-105 form is specific to Indiana, and exemptions valid in other states do not apply to purchases from Indiana vendors.
  • Attempt to use the form for non-eligible purchases: Utilities, vehicles, watercraft, or aircraft are explicitly excluded from exemption with this certificate.
  • Provide false information or misuse the certificate: Misrepresentation can lead to the imposition of tax, interest, and/or civil and/or criminal penalties.
  • Forget to check whether the purchase is a single or blanket exemption: This information is crucial for accurate tax exemption processing.
  • Ignore the instructions on the reverse side of the form for entities not possessing an Indiana TID Number or another state ID Number: Specific guidelines are provided for substitutes in such cases, including for federal government agencies, farmers, public transportation haulers, and nonprofit organizations.

Misconceptions

There are several misconceptions about the Form ST-105, which is the General Sales Tax Exemption Certificate in Indiana. Understanding these misconceptions is important for businesses and individuals in order to properly use the form and comply with state regulations.

  • Misconception 1: The Form ST-105 can be used for any type of purchase.
  • This is incorrect. The Form ST-105 cannot be used for the purchase of utilities, vehicles, watercraft, or aircraft. It is specifically designed for certain types of purchases that qualify for a sales tax exemption under Indiana law.

  • Misconception 2: Out-of-state businesses cannot use the Form ST-105.
  • Actually, both Indiana registered retail merchants and businesses located outside Indiana may use this certificate, provided they are registered with the Department of Revenue or the appropriate taxing authority in their state of residence. This allows for tax-exempt purchases under specific conditions outlined by Indiana code.

  • Misconception 3: The exemption certificate is valid for all types of sales tax in Indiana.
  • The validity of the Form ST-105 is limited. While it does serve as an exemption certificate for county innkeeper’s tax and local food and beverage tax, it does not apply to all types of sales tax. Exemptions must be clearly allowed by Indiana code, and the form cannot be used indiscriminately for all tax-exempt transactions.

  • Misconception 4: Purchasers can leave sections blank if they don't apply.
  • All four sections of the Form ST-105 must be fully completed for the exemption to be valid. Incomplete forms will result in the seller being responsible for the collection of the Indiana sales tax. This underscores the importance of providing complete and accurate information when claiming a sales tax exemption.

  • Misconception 5: The Form ST-105 provides a permanent exemption.
  • The exemption may either be for a single purchase or for blanket purchases, as indicated by the purchaser on the form. It is not automatically a permanent exemption for all future purchases. The purchaser must specify the type of exemption being claimed at the time of each transaction.

  • Misconception 6: Any organization can use the Form ST-105 for tax-exempt purchases.
  • Only certain types of organizations, such as nonprofit entities and government units, qualify for tax-exempt purchases using the Form ST-105. Additionally, specific criteria, such as direct use in production or resale, must be met for the exemption to apply. This form cannot be used by individuals for personal purchases, and not all organizations will meet the requirements for exemption.

Understanding these common misconceptions about the Form ST-105 can help ensure that it is used correctly, allowing qualified purchasers to benefit from tax exemptions while complying with Indiana laws.

Key takeaways

The ST-105 Indiana form is an important document for Indiana registered retail merchants and businesses located outside Indiana, allowing them to claim sales tax exemptions under specific conditions set by Indiana law.

For an exemption to be valid on purchases from Indiana vendors, it must be recognized by the Indiana Code, making exemptions based on statutes from other states non-applicable.

This form cannot be used for exempting purchases related to utilities, vehicles, watercraft, or aircraft, highlighting the need for purchasers to be mindful of the limitations of this exemption certificate.

It is mandatory for purchasers to be registered with the Department of Revenue or the appropriate taxing authority in their state of residence to utilize this certificate for sales tax exemption purposes.

The ST-105 form requires comprehensive completion in every section; otherwise, the seller is obligated to charge sales tax, emphasizing the importance of providing all requested information accurately.

Should a purchaser be unable to supply all the necessary details, they must pay the sales tax upfront and can later file a claim for a refund using Form GA-110L directly with the Department of Revenue, offering a remedy for oversight or incomplete information at the time of purchase.

Interestingly, a validly completed ST-105 form also serves as an exemption certificate for county innkeeper’s tax and local food and beverage tax, broadening its applicability beyond mere sales tax exemption.

Identification numbers are a pivotal part of the form, requiring either an Indiana Department of Revenue issued Taxpayer Identification Number or a State issued ID Number from another state, ensuring proper identification and accountability of the purchaser.

The form necessitates specifying whether the exemption request is for a single purchase or blanket purposes, alongside a detailed description of the items to be purchased, making it crucial for purchasers to clearly identify the nature and extent of their exemption request.

The ST-105 form must be signed and dated by the purchaser, attesting under the penalties of perjury the intended exempt use of the purchased property, and acknowledging the legal consequences of misuse or fraudulent claims, which may include tax imposition, interest, and civil or criminal penalties.

Sellers are required to keep the completed exemption certificate on file to support exempt sales, putting an onus on the seller to ensure the integrity of the exemption claims presented to them.

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