How to Get a Sales Tax License

Halloween stories are usually quite scary and without happy endings. This story is certainly no exception.

Mention young entrepreneurs and many folks will conjure up visions of the neighborhood kid mowing lawns or selling lemonade on a hot summer day. This story is about two very young kids selling pumpkins in Lewiston, Idaho (population 30,000), selling them until the tax man showed up. A few days ago an employee from the Idaho State Tax Commission ordered a 4 year old boy and his 6 year old brother to shut down their pumpkin stand.

The boys parents were told that the stand could reopen if the family obtained all necessary licenses and permits and collected sales tax on the pumpkins.

Let’s see, health inspections, agricultural permits, weights and measures, business licenses, sales tax permits and perhaps transportation department approval for signs and parking. That cost could easily be in the thousands of dollars. A bit much for a six year old who says he is trying to save money for sports activities. Then again, even if he did get all the permits, Halloween would long be over and the labor department would probably arrest the parents for violations of child labor laws.

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This type of heavy handedness gives tax officials and government a bad name.

When I ran Maine’s state tax department between 1995 and 1998, we frequently encountered seasonal vendors operating Christmas tree stands for 3 or 4 weeks a year. Most were tiny mom and pop operations and a few were larger commercial enterprises. Tax authorities have a job to do – and certainly no one likes to pay taxes – but a little discretion goes along way. Were the 4 and 6 year olds threats to Idaho’s fiscal stability? Obviously not.

It is unknown whether the boys complied with the order or are now fugitives. Actually, they are probably folk heros by now.

News of the incident spread rapidly. Even TV commentator Glenn Beck picked up on the story.

Obviously, the parents had some involvement in the business. The local newspaper, the Idaho Reporter, carried a picture of one of the boys trying to pick up a pumpkin twice his size.

Thankfully, incidents this outrageous are few and far between. Tax officials do often become heavy handed however. If you are facing the closure of your business, seek professional help. Call your accountant or tax lawyer. Many problems can be solved without expensive audits, enforcement actions or litigation.

Originally published here.

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You cannot be issued a new re-seller permit if you owe any sales taxes due to the dept. Because the sales tax is a withholding tax, and you’re employed as an agent between the shopper and the tax agency. If you do not pay sales taxes back to the agency then it becomes your private liability and the tax collection agencies may lien to your private property.

Originally published here.

In September of 2009, the New York State Liquor Authority (NYSLA) initiated an Attorney Self-Certification Program which permits you to obtain a New York liquor license in as little as two weeks. This program allows attorneys to self certify an application that they file by requiring the attorney to verify and attest as to accuracy of the information and the documentation contained in the application. This allows the NYSLA to bypass the lengthy investigation and grant the approval of a New York liquor license application in just weeks as opposed to 6-12 months or more. A New York Liquor License may be obtained by following these steps:

1. Make sure you do not fall under any of the statutory disqualifications to holding an alcoholic beverage retail license (“liquor license”) under Alcoholic Beverage Control Law – e.g. you are over 21, a U.S. citizen or permanent resident, and you have never been convicted of any felony, etc.

2. Determine which alcoholic beverage license class you seek. For example, bodegas and grocery stores need a Grocery Store Beer or Beer/Wine License. Bars, pubs, and taverns require an On-Premise Liquor License to serve beer, wine and liquor.

3. Consult with a qualified liquor license lawyer about whether your establishment complies with both the 200 and the 500 Foot Rule.

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4. The Alcoholic Beverage Control Law requires that anyone applying for an On-Premises License notify their community board of their intention to apply for a New York Liquor License 30 days before filing an application with the State Liquor Authority. Proof of the 30 day notice must be submitted with the application. The community board may request such items as your proposed menu, business plan, and may submit an opinion, either in favor of or against granting the license. That opinion will become part of the record used by the New York State Liquor Authority (“NYSLA”) in deciding whether to approve the application.

5. Once the thirty day Community Board period has elapsed, you may proceed to file your liquor license application with the NYSLA. The application itself is 20+ pages and requires detailed disclosures concerning the establishment and its finances. The application also requires that the applicant submit a penal bond, photographs of the interior and exterior of the premises to be licensed, personal questionnaires, proof of citizenship and photo identification of all principals, a contract of sale or conveyance, your lease agreement, various diagrams, copies of bank statements and loan agreements, your certificate to authority to collect sales tax, your Federal Tax ID Number, and Filing Receipts for your Corporation or LLC.

6. Assuming the NYSLA receives all the required information and documentation, all materials are complete and accurate, and there is no other reason to reject your application, the NYSLA should issue your license within six months. If your application is incomplete or missing information, expect an additional delay of anywhere from one to six more months.

7. Fortunately, in September of 2009, the NYSLA approved the implementation of the Attorney Self-Certification Program resulting in approvals in just two weeks. This program allows attorneys filing applications on behalf of applicants to certify that statements and documents provided in an application are true and accurate and that the application meets all statutory requirements. The program has allowed for a more timely review of applications as the agency will rely on the information certified by the Attorney, eliminating the need to review each document submitted.

Originally published here.