Do You Have To Claim Sales Tax From Selling Crafts
If you sell your crafts at fairs and festivals, on the Internet or in your home, most states require you to collect and remit sales tax on these sales. Even if you don’t collect the sales tax from your customers, you could be responsible for paying the tax owed to the state. Each state has different sales tax laws, so you’ll need to contact your state sales tax division to learn the specific laws for your state.
Sales Tax Guide For Artists
When you own a creative business you dont want to spend a second longer than you have to dealing with complicated headaches like sales tax. This guide will provide artists with the info they need to get a handle on this administrative hassle.
While this article is U.S.-centric, in some cases it also applies to international sellers selling into the U.S.
Occasional Sales By Individuals
If you occasionally sell personal items, you may qualify for the “occasional sales” exemption. If you qualify, you do not need a sales tax permit and you do not collect tax on those sales.
There are two types of occasional sales exemptions. One exemption is based on how many items you sell during a certain period, and the other exemption is based on the dollar amount of your sales during a certain period.
You do not qualify for the occasional sale exemption if any of these conditions apply to you:
- You have, or are required to have, a Texas Sales and Use Tax Permit .
- You are engaged in business selling taxable items .
- You buy, barter or trade taxable items to resell.
You can qualify for an occasional sales exemption if you meet either of these requirements:
- You only sell one or two taxable items during any 12-month period the price of the items does not matter.
- Example you sell a piano for $4,000 and a bicycle for $200 at a garage sale in a 12-month period. You later sell your used lawn mower before the end of that 12-month period. Selling the lawn mower is a third sale, so you must get a sales tax permit and collect and pay sales tax on the lawn mower.
Recommended Reading: Haven T Received Tax Return
How To Use This Guide
This guide contains important information on managing your home-based business.
The Getting Started section provides key resources related to registration, return filing, account maintenance, and other important information you may need.
The Managing Your Sales section includes topics important to the success of your business such as good recordkeeping practices, determining your tax and fee rates, and allowable exemptions specifically related to your business.
The Industry Topics section covers many topics that are common in home-based businesses that may be helpful to you in running your business.
The Resources section provides links to a wealth of information, including forms and publications, current updates, and other helpful resources.
Please note that the information included is general in nature and is not intended to replace any law or regulation.
Applying For A Texas Sales And Use Tax Permit
Complete the Texas Online Tax Registration Application to get a sales tax permit. You can also apply by mail or in person at one of our field offices. Applications and information on what you need to apply for a Texas sales tax permit are available on our website. There is no fee to apply for a permit. Please note that sellers who operate without a permit may face a penalty.
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Sales Tax Nexus And What It Means For Your Craft Business
Just so you know, Sales Tax nexus has been around for a long time.
Actually, Sales Tax used to be pretty easy under the old rules . Then it was commonly called physical presence nexus. You were required to charge, collect, and remit sales tax on certain items that you sold to customer in your home state, if you were a business.
Let me give you an example:
As a Vermont business, I only had to worry about the items I sold to Vermont customers. If I sold something online to someone in another state that customer would be responsible for paying Use Tax on the purchase to their home state.
Pretty darned simple, right?
With the new rules , physical presence was expanded and economic connection was added.
In a nutshell, Sales Tax nexus happens when your business has some sort of connection to another specific state. That connection can be either physical, economic, or both.
If Youre A Craft Fair Vendor You Probably Need To Collect Sales Tax
Repost from Avalara
From Seattle to Miami, craft shows, festivals, and fairs are ramping up for the holidays. As vendors prepare to sell everything from art and jewelry to housewares and beyond, many still have questions about how to handle sales tax at craft fairs. If you plan to sell at a craft fair, you may be wondering when to charge tax, which products get taxed, how to handle tax in different states. The truth is, if you plan to make sales at a craft fair, you likely have to collect sales tax. Do you have the info you need to do that in the right way? Read on for answers to some of the most frequently asked questions about taxing craft fair sales.
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Sales Tax Nexus: Which Customers Should You Charge Sales Tax
In the U.S., you are only required to charge sales tax to buyers in states where you have sales tax nexus. Sales tax nexus is just a fancy way of saying a significant presence in a state.
If you are an artist who primarily works from your home or studio, then you might only have sales tax nexus in your home state. However, other business activities can create sales tax nexus, including:
- A location a store, office, warehouse, factory or other location creates nexus
- An employee employees, many contractors, sales people, installers and repairers create nexus
- A drop shipping relationship Drop shipping can include using a 3rd party to print and send your designs, like t-shirts depending on your negotiations with your drop shipper, you may have nexus if you drop ship
- An affiliate some states consider 3rd party affiliates who send customers to your online store to create nexus
- Art shows or craft fairs In some states, if you sell within their borders for just a handful of days then you have nexus there
- Storing inventory in a warehouse Storing inventory in a warehouse in a state, such as selling your Amazon Handmade products through Amazon FBA, creates nexus
If you have nexus in a state, collect sales tax from every buyer in that state whether making an in-person sale, or shipping an online order to their address.
International sellers: if you have any of the above business activities in a U.S. states with sales tax then you may also have sales tax nexus.
Interior Designers Or Decorators
An interior designer or decorator generally provides services such as design, repair, color coordination, and planning. In addition to the services mentioned, an interior designer or decorator may also sell goods, such as furniture, window coverings, carpeting, home accessories, cabinets, and samples. Therefore, if you are an interior designer or decorator and you sell any goods to your clients, your sales of goods are taxable and you are required to hold a seller’s permit.
In general, your fees charged for consultation, layout, coordination of furniture and fabrics, selection of color schemes, etc., are considered charges for professional services. The charges are not subject to tax when they are not directly related to your sale of goods. However, tax does apply to your charges that are directly related to acquiring and providing furnishings and other goods you sell to a client. Your fees for nontaxable charges should be separately stated from charges related to sales of goods.
Example: When you charge fees to accompany a client to a showroom to select furniture the client is buying from you, those fees are taxable, because it a part of your taxable sale of furniture to your clients.
For more information on the application of tax to charges from interior designers, please see publication 35, Interior Designers and Decorators.
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Business Income And Expenses
Your net income is the money you make selling your handmade items, minus eligible business expenses. When you file your tax return, fill out Schedule C. You only pay tax on the net profitthe total amount after you deduct eligible business expenses, such as:
- Fees paid to the online site/marketplace
- Cost of materials and equipment
- Use of dedicated space in your home/studio for a workshop
Selling Crafts & Handmade Goods From Home
Usually, you don’t need special permits to make your goods or crafts at home as long as you don’t disrupt your neighbors. If you live in a residential area, however, and suppliers, delivery services, and buyers regularly come and go from your home, you might need a special license. If such licensing is not available and your business is going well, you should consider moving to a retail location.
Read Also: Massachusetts State Income Tax 2021
Do I Need To Charge Sales Tax
Whether you charge tax on your products depends entirely on how much money you make. If your revenue is $30,000 or less in a year, youre considered a small supplier and do not need to register for or charge GST/HST.
As soon as you break that magical $30,000 number, though, you need to register with the government. If you think youre getting close, its a good idea to sign up.
Keep in mind that in this case, a year isnt necessarily a calendar year, a.k.a. January to December . The government looks at your total revenue in any four consecutive quarters. That could mean, for example, from July to the following June. Its your responsibility to keep track of your revenue and register no later than 29 days after reaching the milestone.
Your revenue is the the total amount of money you bring in from sales of all your products, before subtracting expenses and other deductions. It does not include money that you might make from an unrelated full-time or part-time job. However, if youre running two businesses as a sole proprietor, and each one makes $16,000, for example, you would have to register because your total revenue as an individual is above $30,000.
An important note: dont charge sales tax if youre not registered and dont have a GST/HST number. You can, if you want to, register voluntarily and charge tax even if you dont make more than $30,000 doing so allows you to claim back some of the tax you pay on your operating expenses and the supplies you buy.
Why Sales Tax Is So Stinking Complicated When It Comes To Selling
As a craft business owner, when it comes to selling:
- in person at craft fairs, festivals, and markets
- online from your own website
- through Etsy, Ravelry, Love Crafts, etc.
- or even through an online virtual event
To customers in your home state or other states Sales Tax rates and laws vary by state.
Also Check: Amended Tax Return Deadline 2020
How To Start A Home Business
The basic steps to starting a home business are as follows:
Instead of running a sole proprietorship, you might decide to take additional steps to form a limited liability company . For more information, see How to Start an LLC.
Lets See If I Can Break It Down For You:
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Do I Have To Charge Sales Tax If I Paid Sales Tax
Do businesses have to charge their customers sales tax if they paid it when they originally purchased the goods to sell? In short, yes.
Say your business buys candles from a wholesaler. You pay sales tax on the purchase your company makes. Then, you charge your customers a sales tax when they purchase the candles from your business.
If your business sells in a state with sales tax, you must charge customers at the point of sale, regardless of the sales tax you paid when purchasing the items to sell. Remit sales tax from your customers according to your depositing and filing schedule with the state.
The Basics Of Sales Tax
Forty-six U.S. states and Washington D.C. all have a sales tax. States and local areas use sales tax to pay for budget items like schools and roads. But states dont collect sales tax from citizens directly. They rely on business owners like you to collect it from your buyers and then remit it from time to time
Each states laws regarding sales tax are a little different, but in general any tangible personal property is considered taxable. So, physical artwork like sculpture, paintings, jewelry, and other crafts are generally always taxable. Digital artwork like books, music and downloadable patterns are taxable in about half of the U.S. states with a sales tax.
Sales tax rates also vary across states, counties, cities and other local areas. Thats why you might pay 6% in sales tax at a store in a suburb, but then drive 20 miles and pay 9% sales tax at a store within a citys limits. Varying sales tax rates will determine how much sales tax you charge when selling your products.
Keep reading for a whole lot more info on when and how to charge sales tax on your artwork.
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Admissions Booth Rentals And Parking Fees
Admission fees are taxable. The event promoter must collect sales tax on admission fees.
Booth fees, floor space fees and rental charges for a space to sell or display taxable items are not subject to sales tax.
Parking fees are taxable. The business operating the parking facility must collect sales tax on parking fees and must show the sales tax amount separately on the customers bill, or give the customer a written statement that sales tax is included in the sales price.
Sellers From Outside Texas Operating In Texas
If you are an out-of-state seller engaged in business in Texas, even if operating here temporarily, you must have a Texas Sales and Use Tax Permit and collect and report all applicable taxes for local Texas taxing jurisdictions.
When you are no longer engaged in business in Texas, and you do not intend to make more sales or engage in new business here, you can close your sales tax permit.
Also Check: Sales Tax Vs Use Tax
What Is Economic Nexus
Nexus is the presence a business has in a specific location . Businesses may have nexus in a state if they sell goods or provide services there. A sales tax nexus determines if a business has a presence in a location and must collect sales tax from customers.
Economic nexus is a type of sales tax nexus for online sales. So, businesses must collect sales tax in the state where the customer is if they earn revenue or meet specific sales thresholds in that state. Companies may also have a physical location in a state for economic nexus, meaning that its not limited to digital commerce.
Say your business is in Anchorage, Alaska. You do not have sales tax at your businesss home location. But, you sell winter coats online to customers in other states. You sell enough coats to customers in Wisconsin to establish economic nexus. You must collect sales tax from your customers.