Can I sell products or services online without violating e-commerce laws in Nevada? What are the requirements?

To sell products or services online in Nevada, you must comply with certain e-commerce laws and regulations. Here are the requirements:

Register your business

Every retailer who sells tangible personal property for storage, use, or other consumption in Nevada must register with the Department of Taxation ^[1.3]. If you are a Nevada-based business, you may be eligible for preference in bidding for state contracts ^[4.1].

Obtain necessary permits and licenses

As of 2021, the requirement for a permit to engage in or conduct business as a seller has been repealed ^[1.1]. However, depending on the nature of your business, you may need to obtain other permits and licenses. For example, if you sell cigarettes or other tobacco products, you must obtain a license as a tobacco retail dealer ^[5.3].

Comply with consumer protection laws

If you engage in door-to-door sales, you must comply with the definition and exclusions of “door-to-door sale” as defined by Nevada Revised Statutes 598.180 ^[3.1]. Additionally, if you provide telecommunication services, you must comply with regulations governing disclosures made to customers by the Public Utilities Commission of Nevada ^[3.3].

Register and post security for certain organizations

If you are an organization for buying goods or services at a discount, you must register and post security before advertising services or conducting business in Nevada ^[3.4].

Compliance with sales tax laws

If you sell tangible personal property in Nevada, you must collect and remit sales tax to the Nevada Department of Taxation ^[2.1]. If you enter into an agreement with a resident of Nevada under which the resident refers potential customers to you, you may be required to collect and remit sales tax if the cumulative gross receipts from sales by you to customers in Nevada who are referred to you by all residents with this type of agreement with you is in excess of $10,000 during the preceding four quarterly periods ^[1.2].

It is important to note that these requirements may not be exhaustive and that other laws and regulations may apply depending on the nature of your business. It is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.

^[1.1]: NVRS 372.125 ^[2.1]: NVRS 360B.110 ^[3.1]: NVRS 598.180 ^[1.2]: NVRS 372.7247 ^[4.1]: NVRS 333.3352 ^[1.3]: NVRS 372.220 ^[5.3]: NVRS 370.585 ^[3.3]: NVRS 598.9691 ^[3.4]: NVRS 598.851

Source(s):

• [1.1] Registration or permit required to engage in or conduct business as seller; application for permit.
• [2.1] Duties of Nevada Tax Commission.
• [3.1] “Door-to-door sale” defined.
• [1.2] Applicability to retailers that enter into certain agreements with residents of this State for the referral of customers through Internet links; construction of certain terms.
• [4.1] Preference for bid or proposal submitted by Nevada-based business: “Nevada-based business” defined.
• [1.3] Registration of retailers; registration of certain businesses when obtaining state business license.
• [5.3] Scope of license.
• [3.3] Regulations governing disclosures made by provider to customer.
• [3.4] Organization to register and post security before advertising services or conducting business in this State.

Jurisdiction

Nevada

• General