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Can I collect sales tax from customers in different states without violating tax laws in Wyoming? What are the requirements?
Can I collect sales tax from customers in different states without violating tax laws in Wyoming?
If you are conducting business in Wyoming, you are required to obtain a sales tax license from the Department of Revenue [1.3]. Any person liable for the payment of sales tax under this article or a licensed vendor may apply for a direct payment permit authorizing the applicant to make direct payment to the department of revenue of any sales tax imposed under this article [1.1].
If you are conducting business outside of Wyoming, you will need to comply with the sales tax laws of the state(s) in which you are conducting business. Each state has its own sales tax laws and requirements, and it is important to research and comply with the laws of each state in which you are conducting business.
However, if you are a seller of tangible personal property, admissions or services which are subject to taxation under chapter 15 or 16 of this title and do not have a physical presence in Wyoming, you may be required to remit sales tax and follow all applicable procedures and requirements of this chapter as if you had a physical presence in Wyoming once you meet either of the following requirements for the current calendar year or the immediately preceding calendar year: (i) your gross revenue from the sale of tangible personal property, admissions or services delivered into Wyoming exceeds one hundred thousand dollars ($100,000.00); or (ii) you sold tangible personal property, admissions or services delivered into Wyoming in two hundred (200) or more separate transactions [1.4].
What are the requirements?
To obtain a sales tax license in Wyoming, you must submit an application to the Department of Revenue stating the name and address of the applicant, the character of the business in which the applicant proposes to engage, the location of the proposed business, and other information as the department may require [1.3].
If you are issued a direct payment permit, you must pay any sales tax authorized by this article directly to the department of revenue. You must also issue to each vendor furnishing or supplying any goods or services subject to Wyoming sales tax proof that you have a direct payment permit in the form prescribed by the department. The proof of the direct payment permit shall indicate that you assume all obligations to pay any sales tax due under this article directly to the department of revenue [1.1].
It is important to note that any person holding a direct payment permit may be audited by the department of audit once in each calendar year [1.1]. Additionally, every vendor and person liable for the payment of sales tax under this article shall preserve for three (3) years at his principal place of business, suitable records and books as may be necessary to determine the amount of tax for which he is liable under this article, together with all invoices and books showing all merchandise purchased for resale. All records, books and invoices shall be available for examination by the department during regular business hours except as arranged by mutual consent [1.5].
If you are a remote seller and meet the requirements mentioned above, you may be required to remit sales tax and follow all applicable procedures and requirements of this chapter as if you had a physical presence in Wyoming [1.4].
Source(s):
- [1.1] Direct payment of sales tax; permit required; authorization; rules and regulations
- [1.3] Licenses; permits
- [1.4] Sales from remote sellers
- [1.5] Compliance; collection procedures
- [1.1] Marketplace facilitators
Jurisdiction
Wyoming