By Bernard B. Kamoroff C.P.A
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Additional info for Small Time Operator: How to Start Your Own Business, Keep Your Books, Pay Your Taxes, and Stay Out of Trouble 12th (twelfth) Edition
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In other states, the permits must be renewed annually. Some states require a security deposit before issuing a seller’s permit, which is the state’s way of guaranteeing that you will file your sales tax returns and pay what is owed. After a year of paying your sales tax on time, you usually get your deposit back. In lieu of a deposit, most states let you purchase a sales tax bond from an insurance company. When a new business applies for a seller’s permit, the sales tax people may ask you to estimate your taxable sales and base the deposit on your estimate.
The list may also be on the agency’s website. If you live in a large urban area, you may find that your first, second, and third choices are all already taken. You can try to contact the person who owns the business name and find out if the business is still in existence. If it isn’t, and if the owner of the name consents, an abandonment statement can be filed, whereby the prior owner gives up all rights to the name. You may simultaneously file a DBA or fictitious name statement for the name. The former owner will probably want you to pay the cost of filing the statement of abandonment and may even want you to pay him a fee for his trouble.
This is a different situation than renting and staffing a warehouse and shipping facility of your own, which clearly is a physical presence and is subject to the state’s sales tax laws. INTERNET SALES Internet sales are governed by the same sales tax laws that apply to mail-order, telephone, and catalog sales. You collect sales tax from customers in your own state. You do not collect sales tax from out-ofstate customers. But with the growth of the Internet, states are trying to redefine “nexus,” trying to legally determine when—or if—an Internet site has a physical presence in a given state, and if a state other than your own state can require you to collect sales tax.