I appreciate the video, you explain things very well. I find myself in a unique situation though. As a General Contractor in Ca. I operate according the Californians rules "Time and material contract Under a time and material contract, the construction contractor is generally the consumer of materials, and tax is owed on the purchase price. So I paid tax and do not charge or collect it. Now that I am retired and still sitting on inventory, it seems like I need to collect or at least pay sales tax if I move this inventory?
Hi Elizabeth, thank you for all of your amazing videos. I really enjoy them. I have a question. I was wondering if people who start vending machine businesses need a venders license /permit thank you in advance for your time.
Hello Elizabeth. Thanks so much for the great video and the useful content that you shared on the clip. I had a question whether or not I need to carry a seller's permit since I just started a Amazon shop and you clearly addressed it. Much appreciated !!!
I a starting a microgreens business. From what I can find so far, I don't need to collect sales tax as it is considered raw food. Do you have knowledge on this business type?
So am I correct in understanding as long as I sell on EBay and Etsy only I don't need the sellers permit? But when I make my own website and sell from there I got alot of work cut out for me and would need a sellers permit, business license, EIN, trademark my name and or logo, and an LLC? Can any of those cross cancel the other or am I missing anything that I should be adding to the list? Selling guppies online sounds more complicated than I thought it would be 😄
If you use a marketplace facilitator like ebay or etsy, you don't need a CA seller's permit. But you might still need other stuff like a business license, EIN, trademark, etc. Those are different considerations.
Here’s a vid that may help 12 Legal Requirements to Start a Business in California | How to Legally Start a Small Business th-cam.com/video/6rFHemQqVSQ/w-d-xo.html
This is really helpful. My questions is if you are just starting your business (need to purchase wholesale in order to make this happen but yet to make sales) then is a sellers permit necessary? Asking for the areas where you have to enter “how many sales you’ve made + projected sales”.
You'll need the seller's permit so you have the certificate to give the wholesale people, so you don't have to pay sales tax on that purchase. For projected sales, yep you are just making a guess -- they ask because you have to file sales taxes more often if you make $1M a year versus $10K a year.
Thank you for sharing the video! I have a question I hope you can help with. I'm looking to start selling on Etsy only, and I'm based in California. Given that Etsy acts as a marketplace facilitator responsible for reporting and remitting on behalf of sellers, I'm curious if I still need to obtain a seller's permit to file my taxes. I’m seeing mix answers and now I’m unsure what to do.
Hi Elizabeth! Thank you so much for the great content! I am a managing partner of an LLC in CA (formed in the last 15 days of 2023). I live in CA, my partner lives in another state. We have no employees and everything about the business is online. No sales yet but will be selling a non tangible product (an app that businesses can install and use in their online platforms). I have two questions: Do I need a business license from my city (San Jose)? Do I need a seller's permit from the state? Thank you so much!
If you are just selling services (the app) then no seller's permit. For San Jose, they probably would want you to, since you are working from home on the business and there will probably be customers in California (and maybe even San Jose) eventually, so it is not just interstate commerce.
Hi! I’m starting a custom trucker hat hobby. Do I need a sellers permit? I have / buy patches and blank trucker hats from all over the place. I’ve had a couple of people design their own hat with what I have on hand. Just not sure if I need a sellers permit if I want to do a pop up event ? Thank you !
Thank you for all the great information Elizabeth! Do I need “zoning clearance” for a dropshipping online business website and an Amazon store? I live in Santa Clara county but I will be using a virtual address. Confused about this whole zoning clearance thing….
It depends on the city you are in. Some of them care about zoning and such and some do not. If you are working from home, then some want you to get a "home occupation permit" for that business
I’m in San Jose, and I plan to use a virtual address. I will not have any inventory. It will all be a dropshipping store and Amazon store. I am so confused and I don’t know what to do 😞 Seems like there’s a million requirements! I don’t understand how so many have managed to have an online store when it’s so complicated 😢
Great content, My Question for “Sale Tax Permit”, That Taylor Brands wants me to pay for, states my business requires it. I am a mobile detailer here in Northern California, and I’m not selling any products but providing a service. Do I need a sales Tax Permit?
So if I understand I don't need a seller's permit or I guess a sales tax id if I sell only digital goods, delivered digitally even if I live in California? So then do I not have to worry about economic nexus either? Sorry, I just want to make sure I've gotten everything super clear before I open for business, thank you so much for these videos!
Right -- economic nexus only applies if you were located in another state and you sold sales-taxable-products into California. If you are selling digital products, delivered digitally (as in not put on a thumb drive or CD, which makes them physical), from California into California, no sales tax.
Super helpful video, thank you! If one has some problems registering at CDTFA with home address and was not able to use his own UPS STORE Mailbin Address (not accepted by CDTFA for saying it is not verified) what address can we use? Thank you.
So the FDA regulates the importation of food including spices - check out www.fda.gov/food/food-imports-exports/importing-food-products-united-states and www.astaspice.org/advocacy-regulatory-issues/import-export-requirements/fda-imports/
Hi Elizabeth, Love your videos! My husband is looking into starting a computer repair business. He buys junk computers from Craigslist/ OfferUp and parts from Ebay and Amazon, fixes it and sells it. When filling out the selllers permit application, who can he put as a supplier in this case? He doesn't currently have a supplier and he has acquired a large amount of inventory already. Thank you!
Hi Elizabeth! Thank you so much for the insight. I am starting a clothing brand, selling through my own website, should I obtain a seller's permit before I begin selling? At what point should I trademark my brand? Lastly, what other legalities should I be sure to work out?
You will want to get a seller's permit before you start selling so you can get the resale certificate to buy inventory/supplies at wholesale rates (without paying sales tax on them). Trademarking is a big question, but generally if you are settled on your trademark then filing early (as an intent-to-use) is the best way to get the earliest "dibs" date on your brand & lock it in. Here's a vid on other stuff: th-cam.com/video/6rFHemQqVSQ/w-d-xo.html
Hello Elizabeth. Thank you so much for this informative video. If the LLC is incorporated in California and engaged in providing staffing and recruiting services, do they need to have a seller's permit?
Question. I would like to have a booth and sell at an antique store. Since I will not be handling the sales myself and the store will be collecting all transactions. I will not have to report the taxes?
Most likely they are handling all sales taxes and then you'll have to pay income tax on what they distribute to you (they will probably give you a 1099)
I'll add that to the list - meanwhile here are the instructions (you don't really have to "apply" for it -- it is part of the seller's certificate) www.taxes.ca.gov/Sales_and_Use_Tax/ResaleCertificate.html
@@ElizabethPW I Know This Is Much But Is There Any Way I Can Contact You And Ask You Some Questions For Like 5 Minutes Or Less? I'm Starting A Clothing Brand And Wanting To Know If I Need A Seller's Permit/ Reseller's Permit/ Wholesale License. Do I Need All 3 For A Clothing Business? Can U PLZ Let Me Know Appreciate All The Videos You Do. Very Helpful
Thank you for this video! I’m applying for a sellers permit because I eventually want to start selling my product but I have no idea what my generated sales are going to be. Do I just say projected sales will be $0 for now? When do I go back and change that number? A little confused
It is just a guess so they know if you need to file annual, quarterly, monthly, daily, etc. I typically put a small amount if you are just starting, like you can put $200 or $2000 etc.
It does seem that it is based on the calculation of the % of the "repair" for vehicles, so as long as it is 10% then you would not need to itemize it out
I'm starting out my online clothing business from home to see if it leads me anywhere. I already ordered a low amount of inventory just to see if the business can be profitable or not. I don't want to get a business license yet because I don't know what I have. If the business fails then I would stop selling or if the business succeeds then I would get tax EIN, business license, seller's permit of course. My question is since I'm starting Shopify account for my clothing business do I need a seller's permit since I'm in CA?
So in CA if you make 3 or more sales in CA in 12 months, you then have to register for the seller's permit. If you were selling on a marketplace facilitator like etsy, amazon ftb, etc. then you don't, but shopify is not a marketplace facilitator.
Great video Elizabeth! Is a California sellers permit required for a packaging company that fills and packages products for other brands? The brands send their bulk product and either the packaging company or the brand will buy the packaging components, so it seems more like a service than a sale. The packaging company just charges the brand for any components that they bought to package the brands product. Thoughts?
So in CA the sales taxes is taxed on the final consumer (it is not taxed on the in-between steps). But you may need a seller's permit so you can get the certificate to buy wholesale (for whatever you are using to package), perhaps
We are a HVAC service company. We repair and install HVAC equipment. We pay tax on all parts and equipment at the supply house. We then repair or install on a contract bases. We do not charge sales tax to the customer because we already paid the tax at the supply house. Do we still need to get a resell permit and charge taxes to the customer?
If you get a seller's permit, then you'd be able to buy the equipment without paying sales taxes (because you'd have a reseller permit), at wholesale, from the supply house.
Hello! What if I rent party equipment in California? Ex: soft play sets and mini jumpers for toddler birthday parties. Thank you! I’ve been trying to find the answer to this and haven’t found anything yet.
Here's the info on that www.cdtfa.ca.gov/industry/rental-companies.htm#LeasesInGeneral but generally rentals (leases) of personal property are not subject to sales tax if you paid sales tax on the stuff when you bought it
Hello and Thanks. For buying tangile goods on digital marketplace (ebay, chrono24) and reselling them also on those two marketplace what is needed/best to do? Thanks.
Hi, I'm starting a party decor rental bussines in CA. Some wholesale suppliers ask for a sellers permit, others for a tax exemption certificate. For what I understood, I don't have to charge taxes to clients who rent from me, and I don't have to pay taxes if I already paid them when inventory was purchased. But, if I get a resell certificate and I don't get charged taxes for those purchases then when I do my income taxes I should also pay the taxes that I should have paid at time of purchase. Can you help me to confirm if I got that right? Thank you in advance!
Check out California's guide for rental/leasing companies. www.cdtfa.ca.gov/industry/rental-companies.htm#LeasesInGeneral From that guide, it looks like leases of tangible personal property is taxable, but you'd get to use the resell certificate to purchase the products with no sales tax.
I live in Alaska and want to sell items from an estate I’ve inherited. Do I still need a sellers permit? All the items were bought in California by my ex-relative and I’m sure sales tax was charged then.
Hi ! And I love your TH-cam channel and May I ask a question, I’m from Philadelphia and I got my permit in Philadelphia Pennsylvaina and I just moved to Califorina can I my use my permit from Philadelphia in Califorina and just get my license or do I have to take the Califorina permit test
Seller's permits are state-specific, so if you moved your business to California, you need to get a seller's permit in California. I don't know of a test for a seller's permit, but there are tests for other types of licenses and permits, of course.
Right if you only deliver digitally and don't give them a USB drive or CD-ROM (not sure if anyone gives CDs anymore lol) then no seller's permit. I think the USB drive might be done by some people, and that means you are giving something physical so you'd need a seller's permit
Hi. Good video. RE: marketplace. I sell online . Where do I file the sellers permit. Orange County or Los Angeles. My product is in OC and I live in LA. So I do post at home but most times I need to go to OC to package and ship out item. Or do I need both? also FBN do I file in both county? thank you for your help. appreciate it.
Hi Elizabeth. Thank you for your Video. I have a question, I sell String Arts through Etsy and now I am also accepting payments through Square for in person sale. Do I need Seller's permit? Also I am planning to get a booth at a Fair in California to display and possibly sell some of the art. Do i need seller permit? How is it different from Temporary seller's permit?
For the in person sales of artwork in California, yes you need a seller's permit. A temporary seller's permit is like if you are coming to CA for two weeks to do an event, versus someone who is here in CA and will be selling at various times of the year
Hello Elizabeth. Started a manufacturing business making hair products. I sell to distributors who in turn sell to beauty salons. Do I need a seller's permit?
If you are only selling on a "marketplace facilitator" like amazon and ebay (in a state where they are that), then you don't need a seller's permit bc they handle it
Oh dear. Do I need more than 1 sellers permit if say I run a business and RENT a room under Airbnb (CA is expensive so i try to make ends meet by renting out whenever i go on vacation or such) Can I use the same sellers permit? Ayyyy I think I need a consultation. :-/
In CA the seller's permit would be for selling products, generally - you shouldn't need that for the airbnb unless there's some unique situation. But you'll need a business license most likely.
So I’m a minor and you mentioned 3 garage sales. Does this mean each garage sale counts as one, or does it mean 3 individual sales within one garage sale . I’m asking because I want to know if I were to sell... say lemonade or pies, would a one-day event of me selling this count as one sale? Or would each individual sale I made that day count as a sale? Also, assuming the answer is “It would only count as one sale per one day event”. Does that mean that I, a minor, could sell pies or lemonade for 2 days out of the year and be within the law? Final Question: As a minor do I even need to worry about this type of thing?
California does not charge sales tax on food sold for human consumption, so a lemonade stand would not pay taxes on the lemonade, regardless if permanent or a little one day thing. The issue is a local business license or permit -- most towns look the other way on a little lemonade stand run by kids, but occasionally some neighbor will report it and then someone comes, asking for a business license. Here is an example: kfor.com/news/california-girl-asked-to-get-permit-license-for-gourmet-lemonade-stand/ I think the issue is the health permit, so they know it is safe.
Thank you so much for responding. I have a few more questions, however,. 1. Where and how do I get a health permit. 2. Is there a way around this or a loophole. 3. Would giving the lemonade away for free and then accepting tips be a loophole, as I wouldn’t technically be selling anything? Also I just subbed!
I would imagine that in many cities/counties, if it is just being sold in a residential neighborhood (as a traditional kid's lemonade stand), they would look the other way unless there was some other issue (too much traffic, etc.). Generally, you'd get a health permit from the county. Weirdly giving away the food doesn't necessarily get around it -- that is how they stop people giving meals to the homeless.
Hi Elizabeth! Thank you for such informative content. My partner and I have started selling on Tiktok Sellers Market with tangible products that are shipping directly out of China to all states of US. I reside in California, do I still need to apply for a seller's permit? If I do, should I apply under Sole Proprietor or LLC.? Thanks in advance!
My understanding is that tiktok is acting as a marketplace facilitator, so they will handle the sales tax payments, but you'd need to still get a number and file an informational return. This is if the business is located in CA (if you have a general partnership then it is located in all states where a partner resides)
Hi 🙋♀️ So I'm planning on purchasing and reselling a variety of merchandise such as pens, notebooks, cosmetics etc... on fb. Do I need to have a Sellers and Resellers lic/permit? Next question. Is there some kind of checklist where I can keep track of my supply purchases, as well as merchandise purchases? I'm in Los Angeles Ca
Generally yes, in the sale of merchandise you'd get a seller's permit, and then you can give the company you bought it from a reseller's certificate so you don't have to pay sales tax on it. Hm you might look at inventory tracking software like www.zoho.com/us/inventory/
Seller Permit & Re-sellers Permit are two different items correct? Sellers Permit to sell & Re-sellers Cert to show vendor to exempt from paying taxes on wholesale.
Thank you so much for sharing this information! I have one question. If, as a fine artist I take on a commission, would there be sales tax? As an example, an individual asks me to paint a family portrait, thus I am providing a service, but that service results in a piece of tangible personal property(the painting).
So o since there's a physical personal property item being delivered, there will be CA sales tax (but CA does have a special exception if it is going to a non-profit or govt agency or museum). Sometimes when there is both a service and a product being delivered, you can parse them out and only do sales tax on the product part, but I recommend checking with a business tax person who can see if that can work in your situation.
Cannot believe your taxed for lemonade stands. Just like yard sales. You need permits so you can pay taxes on your few earned bucks. To think I once considered starting a lemonade stand once. Isn't their any kind of labor or selling that isn't taxed?
Hi Elizabeth, some information I’ve found online that if you do business on majors sites like Etsy, Amazon, and Shopify, they will collect and remit the sales tax but the business owner still has to file but not pay, is this correct? Also, I have inventory in many states since Amazon takes all your inventory and distributes it across their warehouses, that would be physical nexus, should I then still apply for a sales and use tax for each of those states even though Amazon is collecting and remitting the sales tax?
Here's the official guide on this in California: www.cdtfa.ca.gov/industry/MPFAct.htm but it really depends if you are required to register. Some sellers are required to register anyway because they sell also on their own website or in person, so they will file and note the facilitator sales (which are exempt). But you make 100% of sales on some marketplace facilitator site, you would not be required to register. Of course, some still register anyway to get the reseller's certificate. The hard part is that all these laws are state-by-state and each has their own standards about nexus, and they are still kind of figuring out how to handle stuff like amazon warehouses. Also check out taxjar.com for info
Also, once I get the seller's permit in CA is it the same as sales tax permit? Also, once I receive the seller's permit do I have to submit any more information somewhere? Thank you!
Yes a sales tax permit is the same as a seller's permit in California. You will need to also submit regular sales tax returns (they give you a schedule). I haven't done a tutorial yet
Hello Elizabeth, Excellent content, thank you! Question: If my CA - LLC is buying wholesale and selling on Amazon, do I need a seller's permit or Resale Cert? also, my wholesale source is asking for Resale Cert which requires a Sellers permit number... did I just answer my own question lol ! thanks for any clarification!
Right you did answer your question :) you don't need it for sales taxes but you will need it to get the resale cert. You'll have to file the sales tax return but it will be a bunch of zeros
I’m think about changing the nature of my online business from selling hair to clothes. I have a LLC EIN and just applied for the Sellers permit. What changes should I make for the new industry of business I’m changing to? I also will have to change the name of my business
You'd probably need to update your business license and seller's permit with the new industry info. To change the name, either you can update it everywhere you filed it, or you can keep the same LLC name and get a DBA from the county for the new name.
@@ElizabethPW do we need business license in California state (San Joaquin County) . Do we have to get both business license and sellers permit ? It's so confusing because there is business license , LLC, DBA.
Such great content! Thank you very much for the video. I plan to sell a large portion of my trading card collection online through COMC, which is an online consignment center (similar to ebay or amazon fba). The company is in the state of Washington, and they do all their sales and shipping in that state. I reside in California. I understand from your previous response that a CA Sellers Permit is not needed. Here's my question: Since PayPal will send me a 1099-K if more than $600 in sales is made, and since I will file a 1099-NEC to pay for 'self employed' taxes on this potential income, do you know if I will still need a business license and EIN? Thank you in advance for all you are providing. This is greatly appreciated.
Well you can use your SSN instead of an EIN if you are operating as a 1099 sole proprietorship. For the business license, it really depends if you are actually operating in your city - maybe you are shipping everything to COMC's warehouse and everything is being sold on their site, so you're not really operating anything in your city in any sense (except the last step of receiving money). You'd need to look at the business license rules for your city to see what they require.
Hello Elizabeth i need to ask a question, should i need a Seller permit in California if i have an LLC in Washington State and selling items in California in the flea market
If you are selling items in a CA flea market (I'm assuming you mean an in-person flea market) then yes you need a seller's permit here. But there is a special "temporary seller" permit if you are only here for a short time - www.cdtfa.ca.gov/industry/temporary-sellers.htm
So, if I’m selling any article of clothing.. in person or online.. and these items were produced as a clothing line.. I would need a sellers permit, right?
Hm you may need to talk to a tax person about that -- non-hot food that is sold by a restaurant to be consumed onsite is taxable www.cdtfa.ca.gov/industry/restaurant.htm#Topics but not if it is to go -- so probably depends on how your biz is set up
Hi Elizabeth, I buy furniture from goodwill stores, garage sales & marketplace. I take these pieces and fix them up, sand them, clean them, & paint them. Do I have to charge customers tax?
@@ElizabethPW ok, but i don't need one to sell on etsy or marketplace. This is all so confusing lol :) But if i don't get one will i still be able to write off all my expenses with just an EIN?
Right if you sell on etsy or another marketplace, yes you don't need to handle the sales tax. You can write off expenses and such with an EIN -- that's all about income tax (not sales tax).
Amazon will still handle sales tax stuff for stuff sold on amazon, even if you have a seller's permit (that's a common thing since many businesses that sell on amazon also sell directly on their website or even in person)
Great video, but sorry i'm still unclear...What about selling on Amazon FBA? I wanna sell my like new books on Amazon, but I will send all of them to an Amazon warehouse to have them fulfilled by amazon (FBA)?
If you are *only* selling amazon FBA, where they do the fulfillment via their warehouse, then they will handle the sales tax stuff as the "marketplace facilitator."
Hm well in the US, sales tax is based on the location of the person or company who purchases the product. So if someone is shipping from the US to another country, there would not be US sales taxes on it. But there may be sales or vat tax in that other country, of course. Now you may need a seller's permit anyway, so you can buy goods wholesale.
Hi in calif do you need to get a bus license and a seller's permit? This is for a thrift store in San benito County. What about insurance do you need to get that first? And what if you don't have a name yet do i need a name first? I have the building and merchandise but nothing else. Can i open while obtaining the legal parts of this?
Get the sellers permit before you open. The biz license and permit depends on your city - call them to see. I’d recommend getting insurance before you open. You can just have it in your own name if you want.
Hot food sold for consumption is taxable, usually, but not cold food, usually -- here's a guide for mobile food vendors that may be helpful www.cdtfa.ca.gov/formspubs/pub287.pdf
Thank you. I may have missed it but if I'm in California selling tangible goods via an online store, do I have to declare and pay sales tax on items purchased from outside California? Do I have to collect and remit sales tax to every state from which my product is purchased? That would be challenging ;-) Thanks Again!
You'd give your "resale certificate" to your supplier so they know you are buying for resale and you don't have to pay sales tax. Whether you have to do sales tax in other states usually depends on if you have "nexus" with them - like if there's a warehouse you are shipping from there or if you have a ton of sales (five or six figures) there. Check out www.taxjar.com/ to get more info
In California, software subscriptions would not be sales tax-able. But that's not the same in other states - in some states, digital products and some services are taxable.
If you are in CA selling candles to others in CA, yes you need a seller's permit for sales taxes. You only need a statement of information if you form an LLC or corporation.
It's similar to photographs (see this guide www.cdtfa.ca.gov/industry/photography.htm#topics) where if it is a digital download only, then no sellers permit. Where you run into an issue is if you give them a USB flash drive or similar with the digital files - then there is a physical thing that is subject to sales tax.
This was really informative, thank you! My business is registered in Massachusetts and I am trying to get tax-exempt for my Walmart account. I'm wondering if I am eligible to apply for the California seller permit in order to do this? Does my business need to be physically based in California?
No you don't need to be located in California - you would get a seller's permit if you are required to pay sales taxes here. But also check out this page www.taxes.ca.gov/Sales_and_Use_Tax/ResaleCertificate.html on getting a resale certificate
In California if you are only offering services like pet sitting etc., then no. It would only be if you perhaps also sold them products like pet care stuff as part of the package.
@@ElizabethPW Thank you so much for your response! Starting a business is such a daunting and tedious process. I’ve been feeling so alone in this process. I don’t know what led me to your channel but I am so glad the universe pointed me in your direction.
Wow, what a PITA :) I think I'm understanding that if you sell products online (audio downloads, ebooks, etc) from your website, you don't need to collect sales tax... so that's the answer to my question I wrote on your other video. I'm not in CA, but I'm assuming that's the deal with other states and the reason why I've never seen coaches/healers/etc charge sales tax on their downloadable products. .......so with that said, when I do an event in person and bring my books, then that DOES mean I need a sales tax ID... but for what state? I am in PA now, but expect to make sales in NJ and NY too... so a sales tax license in all those states? Please say no. I'm going to be like a moving circus act lol and it's not all the time, just an event or training here and there... but maybe over three times in my state or another then that means I have to get one? And who's the person running after people to make sure you have all these licenses in other states?
There are a few states that tax services. Generally you need to have either physical or economic nexus with a state to have to collect sales tax. I recommend using an app like www.taxjar.com/ to handle it for you
I am currently on Etsy but I would like to start a Shopify clothing/goods business doing Print On Demand and the POD marketplace (Printify) will remit sales taxes but only in the US and only in certain states, Shopify will not remit sales taxes. I'm guessing I will need a seller's permit if I make the move to Shopify but I won't be in direct contact with any of the products, is a seller's permit still needed? Everything will be online and I will have no physical inventory, at least for the first year.
So generally if you have physical nexus in your state you then are required to do the seller's permit -- you might have that based on you being there physically (kind of like your house is your office) but it really depends on that state's rules. But if you need/want a resale certificate (so you can buy at wholesale with no tax) you'd need a seller's permit to get that anyway.
I am creating an Childbirth Education business. I am planning on doing mostly consulting/education courses, but am considering selling educational materials (manuals, guidebooks, etc). I am assuming I need a seller's permit to sell those tangible goods to customers?
I have a question, if I am running a clothing line outside of California but need a California seller permit to purchase merchandise from California. Do I need to get another seller permit to sell in the state of Colorado? Meaning that I'll need to get two seller permits?
You only need to get a seller's permit if you have nexus there -- typically some physical connection (like a store or warehouse) but there's money nexus too. I recommend looking at taxjar www.taxjar.com/product/nexus-insights to help you with nexus and sales taxes
I want to sell small online items in CA on my own website. I don’t understand sales tax - am I charging sales tax from every customer living in states that requires it or am I charging CA sales tax from everyone no matter what state they live in?
You charge CA sales tax on CA customers. Then you might charge other state's sales tax on that other state's customers, but that is only if (1) that state has sales tax and (2) if you have "nexus" with that state (physical connection or a certain $$$ of annual sales in that state).
@@ElizabethPW assuming the Idaho has a nexus threshold amount of $1000. Does that mean if my annual sales from Idaho so far is $900, then I don't charge the sales tax for my next Idaho customer? And once it reaches $1000, then I start charging sales tax from Idaho customers? sorry I am a dummy just trying to understand :)
Yeah it is confusing. Really you'd have to check with the tax agency for that particular state to see how they handle it, every state has their own rules. Also look at taxjar.com for info
Food sold for consumption is usually not subject to sales tax, but you have to deal with the CRV on the bottles. Check out this info on that: calrecycle.ca.gov/BevContainer/Retailers/
Looks like bigcartel is a marketplace facilitator, so they handle the sales tax for you help.bigcartel.com/marketplace-facilitator-tax . Generally a 14 year old can own a business but it can be difficult because many places won't let you sign the contract (you can sign a contract but it's not exactly binding against you in the same way as an adult) so you may need a co-signer for contracts and accounts
Sometimes food is subject to sales tax in California, but it depends on if it is hot or cold, where/how it is sold, and if people are consuming it on the premises, etc. - www.cdtfa.ca.gov/lawguides/vol1/sutr/1603.html You also may need a seller's permit so you can buy wholesale.
I'm thinking of starting an online e-commerce business that would registered in California. I know I don't have economic nexus as the business would be brand new and I haven't made any sales, but would I still physical nexus? Does it make more sense to have more sales before applying for a seller's permit in California?
Hm if you have inventory or a warehouse in CA, then that would be physical nexus to require seller's permit in CA and sales tax on CA sales. But you may want a seller's permit anyway so you can buy stuff wholesale.
@@ElizabethPW Ah ok I see. But also, it's strange, I was going through the process of getting a seller's permit and it asked about supplier information and a website for your store. But how would I have any of that if I don't have a online store already set up and working with a supplier? It seems like I may need to have something set up and then apply for the permit. Is my understanding correct?
Yes it is awkward -- you only need one supplier listed, so typically my clients will list one supplier they plan to use. For the website, they'd list either where they plan to put stuff for sale (amazon, etsy) or the domain for the website that is not launched yet. You could wait until right before or right after you make your first sale, to make it less awkward
If you have a seller's permit and you have zero sales, you need to file a return that has a bunch of zeros. Then they know that you had zero sales (and it is not that you just forgot to pay the taxes).
My understanding is that you can - you will need to verify your ID but you can use a non-US passport or non-US ID to do that. I'd recommend doing it directly at the state of CA website: onlineservices.cdtfa.ca.gov/_/#2
Hello there! I’d like to sell tarot readings. I record the reading and email to client. Would this require a seller permit? I’m thinking no but would appreciate a bit more clarity 😁
Right since you are delivering the recording electronically, you don't need a CA seller's permit. You'd only need it if you like gave them a usb drive with the file on it.
@@ElizabethPW THANK YOU! I've followed your videos and have successfully opened my LLC. I had no hiccups and understood what was required all because of your informative videos. I am now working on the trademarking piece. Your knowledge is a gift and I greatly appreciate you sharing it!
If I am selling on a market place like amazon and not intended to sell on any other place, I do not need a sellers permit. is that correct? But I still need the resale certificate in California to buy from wholesale vendors and sell on Amazon. Can you guide me with the process of resale certificate? i.e for the cdtfa230 form, when I do not have the sellers permit number, how will I file for resale certificate
If you want to issue a resale certificate to be able to buy items wholesale, my understanding is that you'd need a seller's permit. You won't have to pay the sales tax because the marketplace facilitator (amazon etc) is paying it. You may need to file a sales tax return with $0's so they know you just did not neglect to file a return.
Can you review the formation of my company, the steps I have taken to check if every thing is in order and if I am missing any step or any correction is needed? If yes then please let me know your fees that I need to arrange. Thanks Elizabeth!
You mean the Lifeline program? Hm I'd recommend speaking with where you sign up to be a provider, because they'd have recent guidance. Since not every customer will be approved for the program, you might need to get a seller's permit for those situations -- need to check with the agency that's approving you as a provider.
@@ElizabethPW yes life line program I was trying to figure it out there is no cash in hand or tranaction phone free but yet they may consider it to be an independent contractor
So informative! Thank you for the comprehensive breakdown.
Glad it was helpful!
I appreciate the video, you explain things very well. I find myself in a unique situation though. As a General Contractor in Ca. I operate according the Californians rules "Time and material contract
Under a time and material contract, the construction contractor is generally the consumer of materials, and tax is
owed on the purchase price. So I paid tax and do not charge or collect it. Now that I am retired and still sitting on inventory, it seems like I need to collect or at least pay sales tax if I move this inventory?
Hi Elizabeth, thank you for all of your amazing videos. I really enjoy them. I have a question. I was wondering if people who start vending machine businesses need a venders license /permit thank you in advance for your time.
Hello Elizabeth. Thanks so much for the great video and the useful content that you shared on the clip. I had a question whether or not I need to carry a seller's permit since I just started a Amazon shop and you clearly addressed it. Much appreciated !!!
Welcome!
Here's the FAQ from California, to answer more questions: www.cdtfa.ca.gov/taxes-and-fees/faqseller.htm
I a starting a microgreens business. From what I can find so far, I don't need to collect sales tax as it is considered raw food. Do you have knowledge on this business type?
So am I correct in understanding as long as I sell on EBay and Etsy only I don't need the sellers permit? But when I make my own website and sell from there I got alot of work cut out for me and would need a sellers permit, business license, EIN, trademark my name and or logo, and an LLC? Can any of those cross cancel the other or am I missing anything that I should be adding to the list? Selling guppies online sounds more complicated than I thought it would be 😄
If you use a marketplace facilitator like ebay or etsy, you don't need a CA seller's permit. But you might still need other stuff like a business license, EIN, trademark, etc. Those are different considerations.
@Elizabeth Potts Weinstein what about selling my like new books on Amazon and having them fulfilled by Amazon (FBA)?
Can you please upload all the information regarding to open laundromat business from the step first what we need to do end how we do it ?
Here’s a vid that may help 12 Legal Requirements to Start a Business in California | How to Legally Start a Small Business
th-cam.com/video/6rFHemQqVSQ/w-d-xo.html
This is really helpful. My questions is if you are just starting your business (need to purchase wholesale in order to make this happen but yet to make sales) then is a sellers permit necessary? Asking for the areas where you have to enter “how many sales you’ve made + projected sales”.
You'll need the seller's permit so you have the certificate to give the wholesale people, so you don't have to pay sales tax on that purchase. For projected sales, yep you are just making a guess -- they ask because you have to file sales taxes more often if you make $1M a year versus $10K a year.
Thank you for sharing the video! I have a question I hope you can help with. I'm looking to start selling on Etsy only, and I'm based in California. Given that Etsy acts as a marketplace facilitator responsible for reporting and remitting on behalf of sellers, I'm curious if I still need to obtain a seller's permit to file my taxes. I’m seeing mix answers and now I’m unsure what to do.
Yeah my understanding is you may need it to file an informational return and also for buying wholesale
Hi Elizabeth! Thank you so much for the great content! I am a managing partner of an LLC in CA (formed in the last 15 days of 2023). I live in CA, my partner lives in another state. We have no employees and everything about the business is online. No sales yet but will be selling a non tangible product (an app that businesses can install and use in their online platforms). I have two questions: Do I need a business license from my city (San Jose)? Do I need a seller's permit from the state? Thank you so much!
If you are just selling services (the app) then no seller's permit. For San Jose, they probably would want you to, since you are working from home on the business and there will probably be customers in California (and maybe even San Jose) eventually, so it is not just interstate commerce.
@@ElizabethPW Thank you so much!
Do you have a video on how to fill out for a sellers permit?
No I don't have a step by step for that
Hi Elizabeth! Is there difference between seller's permit and resale certificate? and do you videos on them?
Well you get the resale cert when you apply for a seller's permit. You can download the resale cert after the seller's permit is granted
Hi! I’m starting a custom trucker hat hobby. Do I need a sellers permit? I have / buy patches and blank trucker hats from all over the place. I’ve had a couple of people design their own hat with what I have on hand. Just not sure if I need a sellers permit if I want to do a pop up event ? Thank you !
Thank you for all the great information Elizabeth! Do I need “zoning clearance” for a dropshipping online business website and an Amazon store? I live in Santa Clara county but I will be using a virtual address. Confused about this whole zoning clearance thing….
It depends on the city you are in. Some of them care about zoning and such and some do not. If you are working from home, then some want you to get a "home occupation permit" for that business
I’m in San Jose, and I plan to use a virtual address. I will not have any inventory. It will all be a dropshipping store and Amazon store. I am so confused and I don’t know what to do 😞 Seems like there’s a million requirements! I don’t understand how so many have managed to have an online store when it’s so complicated 😢
Great content, My Question for “Sale Tax Permit”, That Taylor Brands wants me to pay for, states my business requires it. I am a mobile detailer here in Northern California, and I’m not selling any products but providing a service. Do I need a sales Tax Permit?
Most likely, no, if you are only doing a service in CA
@@ElizabethPW yeah, just detailing vehicles in Sacramento, Roseville, and Yuba City, CA
So if I understand I don't need a seller's permit or I guess a sales tax id if I sell only digital goods, delivered digitally even if I live in California? So then do I not have to worry about economic nexus either? Sorry, I just want to make sure I've gotten everything super clear before I open for business, thank you so much for these videos!
Right -- economic nexus only applies if you were located in another state and you sold sales-taxable-products into California. If you are selling digital products, delivered digitally (as in not put on a thumb drive or CD, which makes them physical), from California into California, no sales tax.
Super helpful video, thank you! If one has some problems registering at CDTFA with home address and was not able to use his own UPS STORE Mailbin Address (not accepted by CDTFA for saying it is not verified) what address can we use? Thank you.
For sales tax they require a real location address, so typically (if there is no office) we use the home address.
Thank you so much!
Quick question.
What about if you’re exporting cooking spices from overseas? What kinda permit you need for that?
So the FDA regulates the importation of food including spices - check out www.fda.gov/food/food-imports-exports/importing-food-products-united-states and www.astaspice.org/advocacy-regulatory-issues/import-export-requirements/fda-imports/
Hi Elizabeth, Love your videos! My husband is looking into starting a computer repair business. He buys junk computers from Craigslist/ OfferUp and parts from Ebay and Amazon, fixes it and sells it. When filling out the selllers permit application, who can he put as a supplier in this case? He doesn't currently have a supplier and he has acquired a large amount of inventory already. Thank you!
I've had many clients just put where they literally buy or have bought their inventory or parts, including Walmart or Amazon etc.
@@ElizabethPW Thank you!
Hi Elizabeth! Thank you so much for the insight. I am starting a clothing brand, selling through my own website, should I obtain a seller's permit before I begin selling? At what point should I trademark my brand? Lastly, what other legalities should I be sure to work out?
You will want to get a seller's permit before you start selling so you can get the resale certificate to buy inventory/supplies at wholesale rates (without paying sales tax on them). Trademarking is a big question, but generally if you are settled on your trademark then filing early (as an intent-to-use) is the best way to get the earliest "dibs" date on your brand & lock it in. Here's a vid on other stuff: th-cam.com/video/6rFHemQqVSQ/w-d-xo.html
Hello Elizabeth. Thank you so much for this informative video. If the LLC is incorporated in California and engaged in providing staffing and recruiting services, do they need to have a seller's permit?
Right if you are just providing services with zero products involved, then no seller's permit in CA
Question. I would like to have a booth and sell at an antique store. Since I will not be handling the sales myself and the store will be collecting all transactions. I will not have to report the taxes?
Most likely they are handling all sales taxes and then you'll have to pay income tax on what they distribute to you (they will probably give you a 1099)
Love The Video!! CAN YOU DO A VIDEO ON HOW TO GET A RESELLERS PERMIT?? PLZZZ
I'll add that to the list - meanwhile here are the instructions (you don't really have to "apply" for it -- it is part of the seller's certificate) www.taxes.ca.gov/Sales_and_Use_Tax/ResaleCertificate.html
@@ElizabethPW APPERCAITE IT! so the seller's and resellers permit the same thing??
Yes it is the same account/application. The resellers is just the particular form you create to give to wholesalers
@@ElizabethPW im so confused lol im kinda slow i hope you can make a vid about a seller and reseller permit nd whats the difference
@@ElizabethPW I Know This Is Much But Is There Any Way I Can Contact You And Ask You Some Questions For Like 5 Minutes Or Less?
I'm Starting A Clothing Brand And Wanting To Know If I Need A Seller's Permit/ Reseller's Permit/ Wholesale License. Do I Need All 3 For A Clothing Business? Can U PLZ Let Me Know Appreciate All The Videos You Do. Very Helpful
Thank you for this video!
I’m applying for a sellers permit because I eventually want to start selling my product but I have no idea what my generated sales are going to be. Do I just say projected sales will be $0 for now? When do I go back and change that number? A little confused
It is just a guess so they know if you need to file annual, quarterly, monthly, daily, etc. I typically put a small amount if you are just starting, like you can put $200 or $2000 etc.
Really helpful… so I offer a service which is window tinting… that means we don’t need a sellers permit right?
Well the window tint film itself is a product, so it really depends -- here's a rule on that: www.cdtfa.ca.gov/lawguides/vol2/suta/190-0935.html
@@ElizabethPW I mostly do vehicles. According to that article I’m in the clear then… 🤔 right?
It does seem that it is based on the calculation of the % of the "repair" for vehicles, so as long as it is 10% then you would not need to itemize it out
I'm starting out my online clothing business from home to see if it leads me anywhere. I already ordered a low amount of inventory just to see if the business can be profitable or not. I don't want to get a business license yet because I don't know what I have. If the business fails then I would stop selling or if the business succeeds then I would get tax EIN, business license, seller's permit of course. My question is since I'm starting Shopify account for my clothing business do I need a seller's permit since I'm in CA?
So in CA if you make 3 or more sales in CA in 12 months, you then have to register for the seller's permit. If you were selling on a marketplace facilitator like etsy, amazon ftb, etc. then you don't, but shopify is not a marketplace facilitator.
Great video Elizabeth! Is a California sellers permit required for a packaging company that fills and packages products for other brands? The brands send their bulk product and either the packaging company or the brand will buy the packaging components, so it seems more like a service than a sale. The packaging company just charges the brand for any components that they bought to package the brands product. Thoughts?
So in CA the sales taxes is taxed on the final consumer (it is not taxed on the in-between steps). But you may need a seller's permit so you can get the certificate to buy wholesale (for whatever you are using to package), perhaps
We are a HVAC service company. We repair and install HVAC equipment. We pay tax on all parts and equipment at the supply house. We then repair or install on a contract bases. We do not charge sales tax to the customer because we already paid the tax at the supply house. Do we still need to get a resell permit and charge taxes to the customer?
If you get a seller's permit, then you'd be able to buy the equipment without paying sales taxes (because you'd have a reseller permit), at wholesale, from the supply house.
Hello! What if I rent party equipment in California? Ex: soft play sets and mini jumpers for toddler birthday parties. Thank you! I’ve been trying to find the answer to this and haven’t found anything yet.
Here's the info on that www.cdtfa.ca.gov/industry/rental-companies.htm#LeasesInGeneral but generally rentals (leases) of personal property are not subject to sales tax if you paid sales tax on the stuff when you bought it
Hello Elizabeth, for the sellers permit do both llc members need to create a CDTFA account and get a sellers permit? Please and thank you! :)
My understanding is that you get one account for the LLC and both members get listed as the owners (but check with California to make sure!)
Hello and Thanks. For buying tangile goods on digital marketplace (ebay, chrono24) and reselling them also on those two marketplace what is needed/best to do? Thanks.
You'd want to get a seller's permit and get a reseller's permit so you can buy wholesale
@@ElizabethPWThanks a lot. Are these 2 different Cdtfa permits I need to get (sale permit and resale permit)?
If I am leasing my home four times a year for spiritual meetings (meditations) do I need a permit?
No sales tax but you might possibly need a permit from your city/county
Hi, I'm starting a party decor rental bussines in CA. Some wholesale suppliers ask for a sellers permit, others for a tax exemption certificate. For what I understood, I don't have to charge taxes to clients who rent from me, and I don't have to pay taxes if I already paid them when inventory was purchased. But, if I get a resell certificate and I don't get charged taxes for those purchases then when I do my income taxes I should also pay the taxes that I should have paid at time of purchase. Can you help me to confirm if I got that right? Thank you in advance!
Check out California's guide for rental/leasing companies. www.cdtfa.ca.gov/industry/rental-companies.htm#LeasesInGeneral From that guide, it looks like leases of tangible personal property is taxable, but you'd get to use the resell certificate to purchase the products with no sales tax.
Thank you so much, I save my money!
Welcome!
I live in Alaska and want to sell items from an estate I’ve inherited. Do I still need a sellers permit? All the items were bought in California by my ex-relative and I’m sure sales tax was charged then.
Garage-type sales are "temporary" and only need a permit if you have more than 2 a year www.cdtfa.ca.gov/industry/temporary-sellers/
Hi ! And I love your TH-cam channel and May I ask a question, I’m from Philadelphia and I got my permit in Philadelphia Pennsylvaina and I just moved to Califorina can I my use my permit from Philadelphia in Califorina and just get my license or do I have to take the Califorina permit test
Seller's permits are state-specific, so if you moved your business to California, you need to get a seller's permit in California. I don't know of a test for a seller's permit, but there are tests for other types of licenses and permits, of course.
So as a photographer who delivers photos digitally to customers I don't need a sellers permit?
Right if you only deliver digitally and don't give them a USB drive or CD-ROM (not sure if anyone gives CDs anymore lol) then no seller's permit. I think the USB drive might be done by some people, and that means you are giving something physical so you'd need a seller's permit
Hi. Good video. RE: marketplace. I sell online . Where do I file the sellers permit. Orange County or Los Angeles. My product is in OC and I live in LA. So I do post at home but most times I need to go to OC to package and ship out item. Or do I need both? also FBN do I file in both county? thank you for your help. appreciate it.
Hm it may depend on exactly what you doing at that other location for packaging/shipping - www.cdtfa.ca.gov/formspubs/pub105/#special
I’m starting a beef jerky company. I need right?
www.cdtfa.ca.gov/lawguides/vol2/suta/245-0920.html#:~:text=245.0920%20Peanuts%2C%20dried%20salmon%2C%20pretzels,their%20sale%20would%20be%20taxable.
What about if I’m starting a vending machine business in California? Do I need a seller permit or certificate?
The goods you are selling within the machine are tangible goods….so yes.. also not a lawyer lol
@@marissarubio1059 thank you
Yep that's right - here's info about it: www.cdtfa.ca.gov/formspubs/pub118/
Hi Elizabeth. Thank you for your Video. I have a question, I sell String Arts through Etsy and now I am also accepting payments through Square for in person sale. Do I need Seller's permit? Also I am planning to get a booth at a Fair in California to display and possibly sell some of the art. Do i need seller permit? How is it different from Temporary seller's permit?
For the in person sales of artwork in California, yes you need a seller's permit. A temporary seller's permit is like if you are coming to CA for two weeks to do an event, versus someone who is here in CA and will be selling at various times of the year
Amazing content thank you
welcome!
Hello Elizabeth. Started a manufacturing business making hair products. I sell to distributors who in turn sell to beauty salons. Do I need a seller's permit?
If you are doing wholesale you'd need a seller's permit (but you may not need to collect sales taxes)
Do I need seller's permit to sell used items from my home on Amazon FBM and Ebay?
If you are only selling on a "marketplace facilitator" like amazon and ebay (in a state where they are that), then you don't need a seller's permit bc they handle it
Oh dear. Do I need more than 1 sellers permit if say I run a business and RENT a room under Airbnb (CA is expensive so i try to make ends meet by renting out whenever i go on vacation or such) Can I use the same sellers permit? Ayyyy I think I need a consultation. :-/
In CA the seller's permit would be for selling products, generally - you shouldn't need that for the airbnb unless there's some unique situation. But you'll need a business license most likely.
So I’m a minor and you mentioned 3 garage sales. Does this mean each garage sale counts as one, or does it mean 3 individual sales within one garage sale . I’m asking because I want to know if I were to sell... say lemonade or pies, would a one-day event of me selling this count as one sale? Or would each individual sale I made that day count as a sale?
Also, assuming the answer is “It would only count as one sale per one day event”. Does that mean that I, a minor, could sell pies or lemonade for 2 days out of the year and be within the law?
Final Question: As a minor do I even need to worry about this type of thing?
California does not charge sales tax on food sold for human consumption, so a lemonade stand would not pay taxes on the lemonade, regardless if permanent or a little one day thing. The issue is a local business license or permit -- most towns look the other way on a little lemonade stand run by kids, but occasionally some neighbor will report it and then someone comes, asking for a business license. Here is an example: kfor.com/news/california-girl-asked-to-get-permit-license-for-gourmet-lemonade-stand/ I think the issue is the health permit, so they know it is safe.
Thank you so much for responding. I have a few more questions, however,.
1. Where and how do I get a health permit.
2. Is there a way around this or a loophole.
3. Would giving the lemonade away for free and then accepting tips be a loophole, as I wouldn’t technically be selling anything?
Also I just subbed!
I would imagine that in many cities/counties, if it is just being sold in a residential neighborhood (as a traditional kid's lemonade stand), they would look the other way unless there was some other issue (too much traffic, etc.). Generally, you'd get a health permit from the county. Weirdly giving away the food doesn't necessarily get around it -- that is how they stop people giving meals to the homeless.
Hi Elizabeth! Thank you for such informative content. My partner and I have started selling on Tiktok Sellers Market with tangible products that are shipping directly out of China to all states of US. I reside in California, do I still need to apply for a seller's permit? If I do, should I apply under Sole Proprietor or LLC.? Thanks in advance!
My understanding is that tiktok is acting as a marketplace facilitator, so they will handle the sales tax payments, but you'd need to still get a number and file an informational return. This is if the business is located in CA (if you have a general partnership then it is located in all states where a partner resides)
Hi 🙋♀️
So I'm planning on purchasing and reselling a variety of merchandise such as pens, notebooks, cosmetics etc... on fb.
Do I need to have a Sellers and Resellers lic/permit?
Next question.
Is there some kind of checklist where I can keep track of my supply purchases, as well as merchandise purchases?
I'm in Los Angeles Ca
Generally yes, in the sale of merchandise you'd get a seller's permit, and then you can give the company you bought it from a reseller's certificate so you don't have to pay sales tax on it. Hm you might look at inventory tracking software like www.zoho.com/us/inventory/
Seller Permit & Re-sellers Permit are two different items correct? Sellers Permit to sell & Re-sellers Cert to show vendor to exempt from paying taxes on wholesale.
Thank you so much for sharing this information! I have one question. If, as a fine artist I take on a commission, would there be sales tax? As an example, an individual asks me to paint a family portrait, thus I am providing a service, but that service results in a piece of tangible personal property(the painting).
So o since there's a physical personal property item being delivered, there will be CA sales tax (but CA does have a special exception if it is going to a non-profit or govt agency or museum). Sometimes when there is both a service and a product being delivered, you can parse them out and only do sales tax on the product part, but I recommend checking with a business tax person who can see if that can work in your situation.
Cannot believe your taxed for lemonade stands. Just like yard sales. You need permits so you can pay taxes on your few earned bucks. To think I once considered starting a lemonade stand once. Isn't their any kind of labor or selling that isn't taxed?
I think that's one reason some people move to no income tax or no sales tax states
I have a sell permit and have a llc I’m registered with the state of California, so do I have to register again?
If you change legal entities, my understanding is you get a new permit but you’ll reference the old one in the application
Hello! May I use square as my website on the EIN or Sellers permit application?
If you created a website using square's website creation service, yes you can list that website on your seller's permit and such
Hi Elizabeth, some information I’ve found online that if you do business on majors sites like Etsy, Amazon, and Shopify, they will collect and remit the sales tax but the business owner still has to file but not pay, is this correct? Also, I have inventory in many states since Amazon takes all your inventory and distributes it across their warehouses, that would be physical nexus, should I then still apply for a sales and use tax for each of those states even though Amazon is collecting and remitting the sales tax?
Here's the official guide on this in California: www.cdtfa.ca.gov/industry/MPFAct.htm but it really depends if you are required to register. Some sellers are required to register anyway because they sell also on their own website or in person, so they will file and note the facilitator sales (which are exempt). But you make 100% of sales on some marketplace facilitator site, you would not be required to register. Of course, some still register anyway to get the reseller's certificate. The hard part is that all these laws are state-by-state and each has their own standards about nexus, and they are still kind of figuring out how to handle stuff like amazon warehouses. Also check out taxjar.com for info
Have you done a video about how to get a seller's permit/sales tax permit?
Also, once I get the seller's permit in CA is it the same as sales tax permit? Also, once I receive the seller's permit do I have to submit any more information somewhere? Thank you!
Yes a sales tax permit is the same as a seller's permit in California. You will need to also submit regular sales tax returns (they give you a schedule). I haven't done a tutorial yet
@@ElizabethPW When you say they give you a schedule, is that when they say you submit quarterly or fiscally?
Hello Elizabeth, Excellent content, thank you! Question: If my CA - LLC is buying wholesale and selling on Amazon, do I need a seller's permit or Resale Cert? also, my wholesale source is asking for Resale Cert which requires a Sellers permit number... did I just answer my own question lol ! thanks for any clarification!
Right you did answer your question :) you don't need it for sales taxes but you will need it to get the resale cert. You'll have to file the sales tax return but it will be a bunch of zeros
Hi Elizabeth,
Regarding this, do I still need California seller's permit if I have active LLC in California?
I have a pet waste removal buisness in ca. We provide weekly dog poop clean up service. Should I be charging a sales tax?
In CA it's only if you are selling products, not services.
@@ElizabethPW ok great
Thanks for the clarification 👍
I’m think about changing the nature of my online business from selling hair to clothes. I have a LLC EIN and just applied for the Sellers permit. What changes should I make for the new industry of business I’m changing to? I also will have to change the name of my business
You'd probably need to update your business license and seller's permit with the new industry info. To change the name, either you can update it everywhere you filed it, or you can keep the same LLC name and get a DBA from the county for the new name.
@@ElizabethPW do we need business license in California state (San Joaquin County) . Do we have to get both business license and sellers permit ? It's so confusing because there is business license , LLC, DBA.
Such great content! Thank you very much for the video. I plan to sell a large portion of my trading card collection online through COMC, which is an online consignment center (similar to ebay or amazon fba). The company is in the state of Washington, and they do all their sales and shipping in that state. I reside in California. I understand from your previous response that a CA Sellers Permit is not needed. Here's my question: Since PayPal will send me a 1099-K if more than $600 in sales is made, and since I will file a 1099-NEC to pay for 'self employed' taxes on this potential income, do you know if I will still need a business license and EIN? Thank you in advance for all you are providing. This is greatly appreciated.
Well you can use your SSN instead of an EIN if you are operating as a 1099 sole proprietorship. For the business license, it really depends if you are actually operating in your city - maybe you are shipping everything to COMC's warehouse and everything is being sold on their site, so you're not really operating anything in your city in any sense (except the last step of receiving money). You'd need to look at the business license rules for your city to see what they require.
Thank you for the reply. I'll check with my city on the business license question. I subscribed to your channel. You're such a great resource.
Hello Elizabeth i need to ask a question, should i need a Seller permit in California if i have an LLC in Washington State and selling items in California in the flea market
If you are selling items in a CA flea market (I'm assuming you mean an in-person flea market) then yes you need a seller's permit here. But there is a special "temporary seller" permit if you are only here for a short time - www.cdtfa.ca.gov/industry/temporary-sellers.htm
Hi, for for installing and selling air conditioning units to customers, that requires a sellers permit?
Looks like you don't charge sales tax on the install but you charge it for sale of the unit, so yes - www.cdtfa.ca.gov/lawguides/vol1/sutr/1546.html
So, if I’m selling any article of clothing.. in person or online.. and these items were produced as a clothing line.. I would need a sellers permit, right?
In California, if you are selling clothing to consumers in CA, yes you'd need a sellers permit
@@ElizabethPW thank you ! :)
So if I’m starting a cotton candy business jus to sell at fairs and events. Cotton candy is tangible right?
Hm you may need to talk to a tax person about that -- non-hot food that is sold by a restaurant to be consumed onsite is taxable www.cdtfa.ca.gov/industry/restaurant.htm#Topics but not if it is to go -- so probably depends on how your biz is set up
Thank you Liz!
You are so welcome!
Hi Elizabeth, I buy furniture from goodwill stores, garage sales & marketplace. I take these pieces and fix them up, sand them, clean them, & paint them. Do I have to charge customers tax?
Yes generally if you are selling any physical good (including used items that you fix up) then you'd charge sales tax on them.
@@ElizabethPW ok, but i don't need one to sell on etsy or marketplace. This is all so confusing lol :) But if i don't get one will i still be able to write off all my expenses with just an EIN?
Right if you sell on etsy or another marketplace, yes you don't need to handle the sales tax. You can write off expenses and such with an EIN -- that's all about income tax (not sales tax).
So what if i need the resellers permit to get the wholesale merchandise that i want to sell on Amazon. Does amazon still collect the tax?
Amazon will still handle sales tax stuff for stuff sold on amazon, even if you have a seller's permit (that's a common thing since many businesses that sell on amazon also sell directly on their website or even in person)
Great video, but sorry i'm still unclear...What about selling on Amazon FBA? I wanna sell my like new books on Amazon, but I will send all of them to an Amazon warehouse to have them fulfilled by amazon (FBA)?
If you are *only* selling amazon FBA, where they do the fulfillment via their warehouse, then they will handle the sales tax stuff as the "marketplace facilitator."
@@ElizabethPW thank you!
If you export your goods overseas do you need a reseller permit and do you need to collect taxes ?
Hm well in the US, sales tax is based on the location of the person or company who purchases the product. So if someone is shipping from the US to another country, there would not be US sales taxes on it. But there may be sales or vat tax in that other country, of course. Now you may need a seller's permit anyway, so you can buy goods wholesale.
Hi in calif do you need to get a bus license and a seller's permit? This is for a thrift store in San benito County. What about insurance do you need to get that first? And what if you don't have a name yet do i need a name first? I have the building and merchandise but nothing else. Can i open while obtaining the legal parts of this?
How long will it take before i can legally open?
Get the sellers permit before you open. The biz license and permit depends on your city - call them to see. I’d recommend getting insurance before you open. You can just have it in your own name if you want.
sidewalk sale in california like drinks or snacks?
Hot food sold for consumption is taxable, usually, but not cold food, usually -- here's a guide for mobile food vendors that may be helpful www.cdtfa.ca.gov/formspubs/pub287.pdf
So you wouldn't need a Permit for light waters and sodas and like candy
Right it looks like cold drinks and candy are not part of sales taxes, but watch out for other non-food items you might sell with them
What do I need to rent items on a public beach sidewalk? Do I need a sellers permit and anything else?
You likely need a business license and permit from the city/town that allows you to be a street vendor
@@ElizabethPW hi thank you for the reply this is in California
@@ElizabethPW San diego
Right, check this out: www.sandiego.gov/sidewalk-vending
Thank you. I may have missed it but if I'm in California selling tangible goods via an online store, do I have to declare and pay sales tax on items purchased from outside California? Do I have to collect and remit sales tax to every state from which my product is purchased? That would be challenging ;-) Thanks Again!
You'd give your "resale certificate" to your supplier so they know you are buying for resale and you don't have to pay sales tax. Whether you have to do sales tax in other states usually depends on if you have "nexus" with them - like if there's a warehouse you are shipping from there or if you have a ton of sales (five or six figures) there. Check out www.taxjar.com/ to get more info
Thank you
Welcome!
I am doing software subscription. Is that something I need the sellers permit for?
In California, software subscriptions would not be sales tax-able. But that's not the same in other states - in some states, digital products and some services are taxable.
What if I wholesale real estate do I need a sellers permit?
Generally you only need a CA seller's permit if you are selling tangible personal property (it's not for real property aka real estate)
Hello, do I need a California statement of information and a seller’s permit when selling candles?
If you are in CA selling candles to others in CA, yes you need a seller's permit for sales taxes. You only need a statement of information if you form an LLC or corporation.
@@ElizabethPW I did form an LLC but incfile says it’s 119 can I do it cheaper myself?
Yes it should be $20 to file - here is my tutorial th-cam.com/video/FY-ruxQelBE/w-d-xo.html
@@ElizabethPW thank you 😊
If I sell a digital download (sheet music) do I need a sellers permit in CA?
It's similar to photographs (see this guide www.cdtfa.ca.gov/industry/photography.htm#topics) where if it is a digital download only, then no sellers permit. Where you run into an issue is if you give them a USB flash drive or similar with the digital files - then there is a physical thing that is subject to sales tax.
I have an LLC & ITIN and my LLC is in VA, and i want to get California Sales tax permit and i am a non us resident. How can i get that ?
The LLC should be able to apply for a sales tax permit via the CA website
@@ElizabethPW thank you, but they as asking for driver license or us passport number.
This was really informative, thank you! My business is registered in Massachusetts and I am trying to get tax-exempt for my Walmart account. I'm wondering if I am eligible to apply for the California seller permit in order to do this? Does my business need to be physically based in California?
No you don't need to be located in California - you would get a seller's permit if you are required to pay sales taxes here. But also check out this page www.taxes.ca.gov/Sales_and_Use_Tax/ResaleCertificate.html on getting a resale certificate
@@ElizabethPW okay, thank you for your reply, I appreciate it!
If I am offering pet care services (pet sitting, house sitting), do I need a seller's permit?
In California if you are only offering services like pet sitting etc., then no. It would only be if you perhaps also sold them products like pet care stuff as part of the package.
@@ElizabethPW Thank you so much for your response! Starting a business is such a daunting and tedious process. I’ve been feeling so alone in this process. I don’t know what led me to your channel but I am so glad the universe pointed me in your direction.
That's great to hear - best wishes on your new biz
Thank you for this information, I still have a few questions about this. If you don’t mind providing a way for me to contact you, that’d be great.
You could join the Discord server discord.gg/S2JGUrp8 or my email is elizabeth at elizabethpw.com
Wow, what a PITA :) I think I'm understanding that if you sell products online (audio downloads, ebooks, etc) from your website, you don't need to collect sales tax... so that's the answer to my question I wrote on your other video. I'm not in CA, but I'm assuming that's the deal with other states and the reason why I've never seen coaches/healers/etc charge sales tax on their downloadable products. .......so with that said, when I do an event in person and bring my books, then that DOES mean I need a sales tax ID... but for what state? I am in PA now, but expect to make sales in NJ and NY too... so a sales tax license in all those states? Please say no. I'm going to be like a moving circus act lol and it's not all the time, just an event or training here and there... but maybe over three times in my state or another then that means I have to get one? And who's the person running after people to make sure you have all these licenses in other states?
There are a few states that tax services. Generally you need to have either physical or economic nexus with a state to have to collect sales tax. I recommend using an app like www.taxjar.com/ to handle it for you
@@ElizabethPW Thank you! I'll look into this.
I am currently on Etsy but I would like to start a Shopify clothing/goods business doing Print On Demand and the POD marketplace (Printify) will remit sales taxes but only in the US and only in certain states, Shopify will not remit sales taxes. I'm guessing I will need a seller's permit if I make the move to Shopify but I won't be in direct contact with any of the products, is a seller's permit still needed? Everything will be online and I will have no physical inventory, at least for the first year.
So generally if you have physical nexus in your state you then are required to do the seller's permit -- you might have that based on you being there physically (kind of like your house is your office) but it really depends on that state's rules. But if you need/want a resale certificate (so you can buy at wholesale with no tax) you'd need a seller's permit to get that anyway.
@@ElizabethPW Thank You so much for the reply, I am in California
Hi Elizabeth, Can I please schedule a consultation with you?
Hi - I'm not taking new clients right now but you can email me elizabeth at elizabethpw.com to be put on the waiting list.
I am creating an Childbirth Education business. I am planning on doing mostly consulting/education courses, but am considering selling educational materials (manuals, guidebooks, etc). I am assuming I need a seller's permit to sell those tangible goods to customers?
Yes for the physical manuals and such, sold to people in the same state, you'd need a seller's permit
@@ElizabethPW thank you!
Where do I go to get a state resale tax number?
For CA you get your seller's permit, and then you fill out this form www.cdtfa.ca.gov/formspubs/cdtfa230.pdf with the seller's permit number etc
A juicing business from home in SF, Ca-Business/LLC first then apply for Sellers Permit?
Right you'd set up the legal structure of the business (LLC etc.) and then apply for the seller's permit
@@ElizabethPW does oe would an EIN apply to me?
Typically you'd get the LLC, then the EIN, then the seller's permit
@@ElizabethPW Just confirming...I do need an EIN in order to move forward with a Sellers Permit? Is there a fee for an EIN?
No fee for EIN.
I have a question, if I am running a clothing line outside of California but need a California seller permit to purchase merchandise from California. Do I need to get another seller permit to sell in the state of Colorado? Meaning that I'll need to get two seller permits?
You only need to get a seller's permit if you have nexus there -- typically some physical connection (like a store or warehouse) but there's money nexus too. I recommend looking at taxjar www.taxjar.com/product/nexus-insights to help you with nexus and sales taxes
@@ElizabethPW so I won't need a seller permit in the state I live in? Still confused
In your own state, you probably have physical contacts there, so you'd have nexus and need a sellers permit there to process sales taxes.
I want to sell small online items in CA on my own website. I don’t understand sales tax - am I charging sales tax from every customer living in states that requires it or am I charging CA sales tax from everyone no matter what state they live in?
You charge CA sales tax on CA customers. Then you might charge other state's sales tax on that other state's customers, but that is only if (1) that state has sales tax and (2) if you have "nexus" with that state (physical connection or a certain $$$ of annual sales in that state).
@@ElizabethPW assuming the Idaho has a nexus threshold amount of $1000. Does that mean if my annual sales from Idaho so far is $900, then I don't charge the sales tax for my next Idaho customer? And once it reaches $1000, then I start charging sales tax from Idaho customers?
sorry I am a dummy just trying to understand :)
Yeah it is confusing. Really you'd have to check with the tax agency for that particular state to see how they handle it, every state has their own rules. Also look at taxjar.com for info
do i need a sellers permit for selling bottled water or bottled juice on uber eats
Food sold for consumption is usually not subject to sales tax, but you have to deal with the CRV on the bottles. Check out this info on that: calrecycle.ca.gov/BevContainer/Retailers/
@@ElizabethPW thanks nice to meet you I will check it out.
What would I need to start an e-commerce store on bigcartel and can I start a business at 14 in California thanks!
Looks like bigcartel is a marketplace facilitator, so they handle the sales tax for you help.bigcartel.com/marketplace-facilitator-tax . Generally a 14 year old can own a business but it can be difficult because many places won't let you sign the contract (you can sign a contract but it's not exactly binding against you in the same way as an adult) so you may need a co-signer for contracts and accounts
@@ElizabethPW so what would I need to start? Would I need like business license and stuff like that and thanks for responding!
check out this list: th-cam.com/video/6rFHemQqVSQ/w-d-xo.html
Do you need a sellers permit if you're selling a food product, say a snack like a packaged enerybar or a chocolate truffle that you manufacture?
Sometimes food is subject to sales tax in California, but it depends on if it is hot or cold, where/how it is sold, and if people are consuming it on the premises, etc. - www.cdtfa.ca.gov/lawguides/vol1/sutr/1603.html You also may need a seller's permit so you can buy wholesale.
I'm thinking of starting an online e-commerce business that would registered in California. I know I don't have economic nexus as the business would be brand new and I haven't made any sales, but would I still physical nexus? Does it make more sense to have more sales before applying for a seller's permit in California?
Hm if you have inventory or a warehouse in CA, then that would be physical nexus to require seller's permit in CA and sales tax on CA sales. But you may want a seller's permit anyway so you can buy stuff wholesale.
@@ElizabethPW Ah ok I see. But also, it's strange, I was going through the process of getting a seller's permit and it asked about supplier information and a website for your store. But how would I have any of that if I don't have a online store already set up and working with a supplier? It seems like I may need to have something set up and then apply for the permit. Is my understanding correct?
Yes it is awkward -- you only need one supplier listed, so typically my clients will list one supplier they plan to use. For the website, they'd list either where they plan to put stuff for sale (amazon, etsy) or the domain for the website that is not launched yet. You could wait until right before or right after you make your first sale, to make it less awkward
OK makes sense! Thank you so much! Your videos are super helpful!!!
What if you didn't make any sales, do I still need to pay tax at the end of the year as a sellers permit holder?
If you have a seller's permit and you have zero sales, you need to file a return that has a bunch of zeros. Then they know that you had zero sales (and it is not that you just forgot to pay the taxes).
@@ElizabethPW Thank you for the help :)
i am non us resident , Can i apply Seller's Permit ? Do u have service do it ?
My understanding is that you can - you will need to verify your ID but you can use a non-US passport or non-US ID to do that. I'd recommend doing it directly at the state of CA website: onlineservices.cdtfa.ca.gov/_/#2
Hello there! I’d like to sell tarot readings. I record the reading and email to client. Would this require a seller permit?
I’m thinking no but would appreciate a bit more clarity 😁
Right since you are delivering the recording electronically, you don't need a CA seller's permit. You'd only need it if you like gave them a usb drive with the file on it.
@@ElizabethPW THANK YOU! I've followed your videos and have successfully opened my LLC. I had no hiccups and understood what was required all because of your informative videos. I am now working on the trademarking piece. Your knowledge is a gift and I greatly appreciate you sharing it!
So great to hear!!
If I am selling on a market place like amazon and not intended to sell on any other place, I do not need a sellers permit. is that correct? But I still need the resale certificate in California to buy from wholesale vendors and sell on Amazon. Can you guide me with the process of resale certificate? i.e for the cdtfa230 form, when I do not have the sellers permit number, how will I file for resale certificate
If you want to issue a resale certificate to be able to buy items wholesale, my understanding is that you'd need a seller's permit. You won't have to pay the sales tax because the marketplace facilitator (amazon etc) is paying it. You may need to file a sales tax return with $0's so they know you just did not neglect to file a return.
@@ElizabethPW Thank you very much. Yes you are right. I filed for the sellers permit yesterday. Appreciate your help
Can you review the formation of my company, the steps I have taken to check if every thing is in order and if I am missing any step or any correction is needed? If yes then please let me know your fees that I need to arrange. Thanks Elizabeth!
Thanks for asking - I'm not taking new clients right now, but if/when I do open up for Quick Calls, I'll post that in the YT channel
Hi. do i need seller permit licence on Amzaon llc. I buy form Ali baba to resell on Amzaon. ???? its urgent for me. thanks in advance.
Usually you do not because Amazon is a marketplace facilitator
Do you need a seller permit for giving away the government phone in California
You mean the Lifeline program? Hm I'd recommend speaking with where you sign up to be a provider, because they'd have recent guidance. Since not every customer will be approved for the program, you might need to get a seller's permit for those situations -- need to check with the agency that's approving you as a provider.
@@ElizabethPW yes life line program I was trying to figure it out there is no cash in hand or tranaction phone free but yet they may consider it to be an independent contractor