What is the California Resale Certificate?
The California Resale Certificate is a document that allows a business to purchase items without paying sales tax, provided those items are intended for resale. This certificate is issued by the California Department of Tax and Fee Administration (CDTFA) and is used to certify that the purchaser holds a valid seller's permit and is engaged in selling tangible personal property.
Who needs to use the California Resale Certificate?
Any business that sells tangible personal property and holds a valid seller's permit should use the California Resale Certificate when purchasing items for resale. This includes retailers, wholesalers, and other entities involved in the sale of goods.
How do I fill out the California Resale Certificate?
To complete the certificate, you must provide your valid seller’s permit number, describe the type of tangible personal property you sell, and list the vendor's name from whom you are purchasing the items. You also need to specify the items you intend to resell. Make sure to sign and date the certificate before submitting it to the vendor.
What happens if I use the items purchased under the resale certificate?
If you use the items for any purpose other than resale, such as personal use, you will be liable for use tax. This tax is calculated based on the purchase price of the items. The law requires that you pay this tax if you do not resell the items as intended.
What are the penalties for misusing the resale certificate?
Misusing the resale certificate can lead to serious consequences. If you knowingly provide the certificate while intending to use the items for personal gain, you could face a misdemeanor charge. Additionally, you may owe the tax that would have been due, along with a penalty of 10% of the tax or $500, whichever is greater.
Can I use the resale certificate for all types of purchases?
No, the resale certificate is specifically for tangible personal property that you intend to resell. It cannot be used for items that you plan to use in your business operations or for personal use. Always ensure that the items purchased are strictly for resale.
How long is the resale certificate valid?
The California Resale Certificate does not have an expiration date. However, it is essential to keep your seller’s permit active and up-to-date. If your business status changes or if you cease operations, you should no longer use the resale certificate.
Do I need to provide a copy of the resale certificate to the vendor?
Yes, you must provide a copy of the completed resale certificate to the vendor from whom you are purchasing the items. The vendor will keep this certificate on file to document the tax-exempt sale.
What if I am a new business without a seller's permit?
If you do not have a seller's permit, you cannot use the California Resale Certificate. You must first apply for and obtain a seller's permit from the CDTFA before making tax-exempt purchases for resale.
Where can I find the California Resale Certificate form?
The California Resale Certificate form, known as CDTFA-230, can be obtained from the California Department of Tax and Fee Administration's website. It is available for download and can be printed for use.