[Archive]

Posted By: Silver King

In California, people are given two days to sell items without having to get a permit and/or collect the tax. This was set up for people who wanted to have garage sales or make sales at flea markets. The law was generally the same for people traveling from out of state; however, some shows and events require that every seller who is going to make retail sales in CA to get a permit and collect tax. In other words, you couldn't sell at the event if you didn't have a permit in hand no matter where you were from.

As far as tax being due, the State (at least CA) wants their money and they prefer to get it from the retailer. If the retailer doesn't collect the sales tax, the buyer is still obligated to pay the use tax. This is the law with everything purchased on the internet and eBay....although it's almost impossible to enforce.

And finally, it is completely legal for a retailer to include sales tax in the item. The only requirement in California is that a sign must be posted and visible. The retailer is still required to submit the tax to the State.