Publication 77, Out-of-State Sellers: Do You Need to Register with California?
- Engaged in Business
- Not Required To Register
- Additional information
Do I need to collect California sales and use tax when my business is located outside the state?
You may. If you are a retailer based outside California, you are required to pay California sales or use tax on all sales of merchandise to California customers if you are ”engaged in business“ in the state. If you are engaged in business in this state, you must register and pay sales and/or use tax.
Even if you are not engaged in business in this state, you may voluntarily apply for a Certificate of Registration—Use Tax. If you hold such a certificate, you will be required to collect and pay tax from purchasers in the same manner as retailers engaged in business in this state. Your obligation to pay tax will continue until you close out your Certificate of Registration—Use Tax. If you don‘t register to collect and pay the tax, your customers are responsible for the tax on their purchases and must pay it directly to the state.
Prepaid Mobile Telephony Services Surcharge
If you are an out-of-state business that sells or ships prepaid wireless phone cards and services to California customers, you must register with the BOE as a prepaid MTS seller, collect the surcharge from customers, and pay the amounts collected to the BOE.
Beginning January 1, 2016, sellers of prepaid wireless phone cards and services are required to collect a prepaid mobile telephony services (MTS) surcharge from customers and pay it to the BOE for all retail transactions occurring in this state. The surcharge is imposed as a percentage of the sales price of prepaid wireless cards/services sold in retail transactions occurring in this state. If you are an out-of-state retailer, your sales of prepaid wireless services and products to consumers are considered to occur in California when one of the following applies:
- The item is shipped to, or picked up by, a customer at a California location.
- Your records show that the customerís address is in California.
- Your customer provided you with an address in California during the sales transaction.
- The mobile phone number is associated with a California location.
If your sales of prepaid wireless products and services occur in California (as stated above), you must register with the BOE as a prepaid MTS seller. The prepaid MTS account is a separate account from a sellerís permit for the sales of tangible personal property.
For more information about this program, please read our guide Prepaid Mobile Telephony Services (MTS) Surcharge.
Note: This publication summarizes the law and applicable regulations in effect when the publication was written, as noted on the cover. However, changes in the law or in regulations may have occurred since that time. If there is a conflict between the text in this publication and the law, decisions will be based on the law and not on this publication.
Engaged in Business
- You are engaged in business in this state and required to register and pay tax if any of the following situations apply to your business:
1. Business location in California
You maintain, occupy, or use, directly or indirectly, or through a subsidiary or agent, a permanent or temporary office, place of distribution, sales or sample room, warehouse or storage place, or other physical place of business in California.
2. Representative in California
You have a representative, agent, or independent contractor operating in the state on your behalf or under your authority, or under the authority of your subsidiary, for the purpose of making sales, taking orders, installing merchandise, training customers, or making deliveries.
3. Lease property in California
You receive rental payments from the lease of personal property that is located in California, such as leases of machinery, equipment, and furniture. For more on leases, see our publication 46, Leasing Tangible Personal Property.
4. Real or Personal Property
You own or lease real property or personal property located in California such as machinery, equipment and furniture including, but not limited to a computer server in California.
You have agreements with persons operating in California who solicit and refer potential customers to you by an Internet-based link, Internet website, or otherwise, and who receive compensation based on completed sales, under specified circumstances, provided:
- You have $10,000 in sales to California customers through referrals from California-based affiliates, and
- You sold more than $1 million in products to California consumers in the preceding 12 months.
**Learn more about affiliate nexus, including examples, an exception to the affiliate-nexus provisions, and the certification you need to obtain to support the exception.
6. Commonly Controlled Group and Combined Reporting Group
You are a member of a commonly-controlled group and combined reporting group in which a member of the commonly-controlled group performs services for you in California that help you establish or maintain a California market for sales of products. This includes the design and development of products you sell, or solicitation of sales of personal property on your behalf.
**Learn more about commonly-controlled group and combined reporting group nexus.
Examples of Situations that Require California Sales or Use Tax Registration
Stocks of Merchandise
If you make sales both in and outside of California, at least one permit must be held when you maintain stocks of merchandise in this state. You are also required to hold permits for warehouses or other places in California where merchandise is stored or delivered from, or from which sales are fulfilled in this state. This is true even if the merchandise is used to fulfill your sales made outside California.
Note: You are not required to hold a seller’s permit if all of your sales are made exclusively in interstate or foreign commerce.
You provide installation services in California for property you sell using your own employees or independent contractors. (See California Revenue and Taxation Code section 6203(c)(2).)
Example: You maintain a single facility in Arizona where you design and sell computer systems. All of your sales are made by mail order or over the Internet. On request, you will send employees to California to install the equipment for your customer.
You provide training services in California related to a specific sale of goods or merchandise.
Example: Your Virginia-based business does not have sales representatives or inventory in California. However, one of your customer service representatives routinely comes to California to provide training on the computer software you sell on CD-ROM.
You receive payments from the lease of equipment or merchandise located in California and you have not already paid California sales or use tax on the purchase of that equipment or merchandise.
Example: Your Nevada car dealership leases cars to California residents who drive them in this state. You have no other business connection to California.
Not Required To Register
You are not engaged in business in California and generally are not required to register to pay California sales and/or use tax solely based on one or more transactions illustrated in the following examples:
1. Convention and Trade shows Activities
You are physically present in California only:
- To participate in convention and trade show activities for not more than 15 days during any 12-month period, and
- During the prior calendar year, you did not earn more than $100,000 of net income from those activities in this state.
However, if you sell merchandise at the trade show, or take orders for merchandise delivered later to California customers, you must pay tax on those sales.
If you qualify for this trade show exception, you may register to obtain a temporary permit to sell products at the qualifying trade shows and you are responsible for the tax due with respect to sales you make or orders you take at the trade shows.
If you are not engaged in business in this state, you may instead decide to apply for a Certificate of Registration—Use Tax. If you hold such a certificate, you will be required to collect and remit tax from purchasers in the same manner as retailers engaged in business in this state. Your obligation to remit tax will continue until you close out your Certificate of Registration—Use Tax.
2. Shipping by Common Carrier
Your only connection with California is to ship products to customers by U.S. Mail or other common carrier.
3. Internet (Web)
The only connection you have in California is the use of a computer server on the Internet or an Internet Service Provider to create or maintain a webpage or site, provided you donít own or lease the computer server that is located in California.
4. Online Advertising
Your only connection with California is the posting of “click-through” ads or other types of online ads that provide a link to your website on other personsí websites. Online advertising generated as a result of generic algorithmic functions that are anonymous and passive in nature, such as ads tied to Internet search engines, banner ads, click-through ads, Cost Per Action ads, links to retailers’ websites, and similar online advertising services, are considered advertisements and not solicitations.
5. Warranty and Repair Services
Your only connection is the use of a representative or independent contractor in California to perform warranty or repair services for the products you sell provided that the ownership of the representative or independent contractor and your business is not substantially similar.
Visit our website at: www.boe.ca.gov
Customer Service Center: 1-800-400-7115 (TTY:711)
To speak to a representative: Call between 8:00 a.m. and 5:00 p.m. (Pacific time), Monday-Friday, except state holidays.
Taxpayers’ Rights Advocate
Call toll-free for help with problems you have not been able to resolve through normal channels: 1-888-324-2798.
Board Member contact information: www.boe.ca.gov/members/board.htm
100 Shipping and Delivery Charges
105 District Taxes and Delivered Sales
109 Internet Sales
110 California Use Tax Basics
116 Sales and Use Tax Records