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Sales tax by a NY LLC but operating in NJ

Hi, I’m a TurboTax customer for several years and I appreciate it. My wife has a NY LLC that she operates one service business from in an office in New York, but she also more recently started selling items  for a different retail product business online through an e-commerce website which she packages and ships from our home in New Jersey. She runs the NJ business under a separate Doing Business As name for the NY LLC. She did it like this because we used to live in NY, and also she didn’t have to do extra paperwork and incur extra cost for another LLC. Can someone please explain how sales taxes should work for the second business because of sales made from NJ under a DBA linked to a NY LLC? We file our income taxes married filing jointly, and she’s been paying sales taxes, but I’m wondering now for sales tax for the second business operating in NJ, should she report  sales made to residents in NY and NJ to BOTH ny and nj, and she can claim

some sort of credit in her NY sales tax return for sales taxes paid in NJ? Thank you 

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1 Best answer

Accepted Solutions
rjs
Level 15
Level 15

Sales tax by a NY LLC but operating in NJ

As Mike9241 said, this forum is for income tax questions, not sales tax. To get you started, here is some basic information about collecting sales tax for online sales. You will have to look elsewhere for the details.


Sales tax for online sales is very complicated. Sales tax is charged at the location where the product is delivered, not where the seller is located or where the product is shipped from. Each state has different rules about whether you are required to collect sales tax, and different rates. In many states, the sales tax rate is not the same for the whole state. There are local sales taxes that vary depending on the specific location. A particular item might be taxable in some states and not in others. So you have to answer three questions for each sale.

 

  • Are you required to collect sales tax for the state that the product is shipped to?
  • Is the product taxable in the state that it is shipped to?
  • What is the sales tax rate at the location that the product is delivered to?


To collect and remit sales tax in a particular state, you are generally required to register with that state. Most states will have an exception to the requirement to collect sales tax for small businesses that are not located in the state, based on the amount of the business's total sales, sales in the state, or similar criteria. However, note that since your wife's business has a physical presence in both New York and New Jersey, she is required to collect sales tax on all sales delivered in either state, regardless of the rules for out-of-state sellers.


There are services or software available to determine the sales tax rate for a specific delivery address. QuickBooks, the small-business accounting software from Intuit, the company that makes TurboTax, includes sales tax calculation and tracking. Go to the following link for more information.


QuickBooks - Calculate sales tax


If you are selling through an online market such as Shopify or Amazon, they will have some mechanism to help you with sales tax.

 

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4 Replies

Sales tax by a NY LLC but operating in NJ

this is an income tax forum. sales tax questions should be directed to the department of revenue in those states or consult with a tax pro that is familiar with the sales tax laws in those states. 

Sales tax by a NY LLC but operating in NJ

Hi Mike, ok thanks, I’ll talk to them. Best regards 

rjs
Level 15
Level 15

Sales tax by a NY LLC but operating in NJ

As Mike9241 said, this forum is for income tax questions, not sales tax. To get you started, here is some basic information about collecting sales tax for online sales. You will have to look elsewhere for the details.


Sales tax for online sales is very complicated. Sales tax is charged at the location where the product is delivered, not where the seller is located or where the product is shipped from. Each state has different rules about whether you are required to collect sales tax, and different rates. In many states, the sales tax rate is not the same for the whole state. There are local sales taxes that vary depending on the specific location. A particular item might be taxable in some states and not in others. So you have to answer three questions for each sale.

 

  • Are you required to collect sales tax for the state that the product is shipped to?
  • Is the product taxable in the state that it is shipped to?
  • What is the sales tax rate at the location that the product is delivered to?


To collect and remit sales tax in a particular state, you are generally required to register with that state. Most states will have an exception to the requirement to collect sales tax for small businesses that are not located in the state, based on the amount of the business's total sales, sales in the state, or similar criteria. However, note that since your wife's business has a physical presence in both New York and New Jersey, she is required to collect sales tax on all sales delivered in either state, regardless of the rules for out-of-state sellers.


There are services or software available to determine the sales tax rate for a specific delivery address. QuickBooks, the small-business accounting software from Intuit, the company that makes TurboTax, includes sales tax calculation and tracking. Go to the following link for more information.


QuickBooks - Calculate sales tax


If you are selling through an online market such as Shopify or Amazon, they will have some mechanism to help you with sales tax.

 

Sales tax by a NY LLC but operating in NJ

Hi rjs

 

Thanks a lot for your reply and the link. Looks great. Appreciate the overview and the detail on the out of states and the two states we live and work in. 

 

Best regards

 

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