If you are a retailer that has a substantial nexus with California and you are not already registered with the BOE, you should register for a California Certificate of Registration—Use Tax. You can register on the BOE website at www.boe.ca.gov, by selecting New Registration, and then select Register a business activity with BOE. Once you have registered, you may pay any use tax due by filing your return. You can also register to report use tax in person at any of our field offices.
Milestone is a leading digital marketing agency for hotels, restaurants, retail stores, banks, automotive companies and healthcare organizations across the globe. We leverage an optimal mix of strategies to drive revenue, traffic, and leads, providing a holistic digital presence for our clients, and services that include hotel website design, location page design for retailers and banks, and local SEO.
Offering tangible personal property for sale on an online marketplace will generally not, by itself, cause an out-of-state retailer to be engaged in business in California, even if the marketplace operator is located in California. Generally, the use by an out-of-state retailer of a website hosted on servers located in California will not cause the retailer to be engaged in business in California. However, an out-of-state retailer that stores tangible personal property in California, including at a fulfillment center owned and operated by a third-party is engaged in business in California.
Culp, the Smart Furniture founder, agrees that the lack of clarity is what hurts businesses the most. "I suspect most Americans would agree that both the burden and the benefit of taxes should be shared fairly," he continues. "What freaks online retailers out is less having to pay the taxes, and more having to manage the new burdens of thousands of tax jurisdictions, myriad filings, and compliance at a scale they cannot administer."
“We welcome the additional clarity provided by the Court’s decision,” the online home-furnishings retailer, with sales of $4.7 billion in 2017, said in a statement. “We don’t expect (the) decision to have any noticeable impact on our business. … Wayfair has long supported a legislative solution that would establish a level playing field for brick-and-mortar and online retailers by permitting states to collect sales tax on online sales.”
On top of that, states are continually introducing new tax laws and modifying old ones to capture revenue on everything from streaming media to bicycles. This last one, oddly enough, was passed in Oregon, arguably one of the more bicycle-friendly states in the country, as part of a transportation bill designed to raise money for infrastructure funding.
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