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is no general tax exemption for sales made over the Internet.
If your business is located in California, your
Internet sales of physical products are generally taxable,
unless they qualify for specific exemption. For sales tax
purposes, Internet sales are treated like sales made at stores,
through sales representatives or by mail order.
If your business is located outside of California,
sales of products delivered to California locations are subject
to use tax. Use tax rates are the same as sales tax rates
for any given California location. Your customers are responsible
for payment of the use tax but you must collect it from them
if you:
Have
a permanent or temporary business location in California
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Have
any sales representative or agent in the state, even temporarily
Receive
payments from the lease of merchandise located in California
Some Internet sales that are exempt from sales
tax include sales for resale, sales of cold food products,
and sales of merchandise delivered outside of California.
Also exempt are products electronically transmitted to customers
such as software, data and digital images. If you provide
a hard copy (like a CD or floppy disk) in addition to electronic
transmission, the sale is usually taxable.
For more information, call the Information
Center at the State Board of Equalization (800-400-7115)
or go to the BOE
website at www.boe.ca.gov (this link opens in a new window).
Internet sales are discussed in BOE Publication 109.
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