Most any kind of business selling taxable goods or services in Texas must have a state sales and use tax permit. Although e-commerce businesses often sell products online to customers all over the country, they will also sell to people in Texas, and a tax permit thus becomes necessary.
ECommerce law refers to laws that regulate transactions which occur over the internet as well as internet da- ta storage. This body of law encompasses online contracts, privacy policies, e-signatures, and online buying, selling, and advertising procedures.
A general business license is not required in Texas. However, it is important to determine necessary licenses, permits, certifications, registrations or authorizations for a specific business activity, at the federal, state and local level.
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This e-business definition includes activities and processes such as customer servicing, production control, business partnering, buying and selling goods and services, processing payments, employee services, and information transfer. Notably, e-business encompasses a range of services and functions.
You will need to apply using form AP-201, Texas Application (PDF). Email the application to sales.applications@cpa.texas or fax the application to 512-936-0010. To complete the application, you will need the following documentation: Sole owner's Social Security number.
A sales tax permit is a document that authorizes a business to make taxable retail sales and collect sales tax from customers. Other terms for “sales tax permit” are retail license, sales tax license, sales and use tax permit, seller permit, seller's permit, or vendor's license.
A seller's permit is required for digital goods in Texas as the state considers electronic items to be taxable. Regarding online sales, Texas residents who “sell more than two taxable items in a 12-month period and ship or deliver those items to customers in Texas" must have Texas seller's permits.
If you are a Texas seller and sell through a marketplace, you are still responsible for having a Texas tax permit and filing your sales and use tax returns timely. This is true even if your only sales are through a marketplace provider.