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tax certificate

updated fri 25 apr 08

 

Lois Wilkins on sun 20 apr 08


Amanda,

I have a NY State sales tax certificate. According to the
annual instructions, the phone number for the sales tax
information center is 1 800 698 2909, and internet access
for information, forms and publications is www.nystax.gov.
The times I've called them, they've been very pleasant and
very helpful.

Who is sponsoring the Pottery Fest?

Best,
Lois

Lois Wilkins
claywork@verizon.net

Amanda Stickney on sun 20 apr 08


Hi Everyone-
I'm going to be a part of the 'Pottery Fest' in Albany, NY in two weeks. =
I was just notified a few days ago that I have to have a tax certificate, =
and I have NO clue what I have to do to get that, or if I even need that. =
I would have liked to know about this a bit earlier, of course, but can any=
one explain the whole idea behind it and if I actually do need it before I =
go around trying to get it? Thanks a lot!!!
=20
Amanda Facchiano
_________________________________________________________________
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Clayart SCtag on sun 20 apr 08


every area is different but here we need a state business license and in
cities they may require a city license to sell. you need to inquire where they
are issued and what type is needed as they require sales taxes be
collected and reported regularly[ a pain] but the consequences are not where you
want to go and here they appear every time a selling venue happens. ask
locally of artists/crafts people in your selling area.
good luck and remember to do your bookkeeping or pay the price.
Meg


In a message dated 4/20/2008 2:07:05 P.M. Eastern Daylight Time,
amandastickney@HOTMAIL.COM writes:

Hi Everyone-
I'm going to be a part of the 'Pottery Fest' in Albany, NY in two weeks. =
I was just notified a few days ago that I have to have a tax certificate, =
and I have NO clue what I have to do to get that, or if I even need that. =
I would have liked to know about this a bit earlier, of course, but can any=
one explain the whole idea behind it and if I actually do need it before I =
go around trying to get it? Thanks a lot!!!
=20
Amanda Facchiano




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Bonnie Hellman on sun 20 apr 08


Amanda,

Because you have asked this question, I am assuming that you are NOT a NY
resident. Otherwise, you would already be paying sales tax for your business
sales.

I would guess that a "tax certificate" is a registration with the sales tax
people in the state of NY (and possibly Albany). You will need to collect
sales tax on all of your sales in NY, and remit this money to NY.

Many states have a temporary registration for non-residents who come into a
state to sell at a festival.

However, be advised that many states also expect you to pay income tax on
your sales in NY. As a state, NY is one of the more aggressive, in terms of
expecting anyone who sells in that state to pay income tax on net income
(gross sales less expenses). California is another aggressive tax collector.


If you wander around the sales tax pages of NY you may find what you need.
http://www.tax.state.ny.us/nyshome/stidx.htm
Or you could phone them and ask.

It's good that you are checking this out BEFORE going there.

Bonnie

Bonnie D. Hellman, CPA
mou10ms@frontier.net
Ouray, Colorado 81427

As required by United States Treasury Regulations, you should be aware that
this communication is not intended or written by the sender to be used, and
it cannot be used, by any recipient for the purpose of avoiding penalties
that may be imposed on the recipient under United States federal tax laws.
----- Original Message -----
From: "Amanda Stickney"
To:
Sent: Sunday, April 20, 2008 10:27 AM
Subject: Tax Certificate


Hi Everyone-
I'm going to be a part of the 'Pottery Fest' in Albany, NY in two weeks.
I was just notified a few days ago that I have to have a tax certificate,
and I have NO clue what I have to do to get that, or if I even need that. I
would have liked to know about this a bit earlier, of course, but can anyone
explain the whole idea behind it and if I actually do need it before I go
around trying to get it? Thanks a lot!!!

Amanda Facchiano
_________________________________________________________________
Get in touch in an instant. Get Windows Live Messenger now.
http://www.windowslive.com/messenger/overview.html?ocid=TXT_TAGLM_WL_Refresh_getintouch_042008
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KATHI LESUEUR on mon 21 apr 08


>
>
> In a message dated 4/20/2008 2:07:05 P.M. Eastern Daylight Time,
> amandastickney@HOTMAIL.COM writes:
>
> Hi Everyone-
> I'm going to be a part of the 'Pottery Fest' in Albany, NY in two
> weeks. =
> I was just notified a few days ago that I have to have a tax
> certificate, =
> and I have NO clue what I have to do to get that, or if I even
> need that. =
> I would have liked to know about this a bit earlier, of course,
> but can any=
> one explain the whole idea behind it and if I actually do need it
> before I =
> go around trying to get it? Thanks a lot!!!
> =20
> Amanda Facchiano


One of the things to be aware of with NY tax certificates is that
they collect tax quarterly. And, unless they've changed something,
their quarters don't track with the rest of the world's. So, you have
to be very aware of filing deadlines or you will incur a penalty. You
also have to file every quarter whether you have a tax liability or
not. Failure to do so will incur a penalty. If you incur a penalty
you will have entered tax hell. It took five years to straighten out
my tax problem with NY. Their was a warrant out for me for failure
to pay taxes even after I paid them and the penalty and called
numerous times. And, even though I canceled the certificate they
still continued to bill me. My answer has been to not do a show in NY
ever again.

Kathi
>
>

Lois Wilkins on mon 21 apr 08


Kathi,

I've been paying NY only once a year, but I don't
sell much there. If you exceed $3,000 they insist
on quarterly payments. They let me know by mail
when they want to be paid

Thanks for the heads up on potential difficulties.

Lois

Lois Wilkins
claywork@verizon.net



One of the things to be aware of with NY tax certificates is that
they collect tax quarterly. And, unless they've changed something,
their quarters don't track with the rest of the world's. So, you have
to be very aware of filing deadlines or you will incur a penalty. You
also have to file every quarter whether you have a tax liability or
not. Failure to do so will incur a penalty. If you incur a penalty
you will have entered tax hell. It took five years to straighten out
my tax problem with NY. Their was a warrant out for me for failure
to pay taxes even after I paid them and the penalty and called
numerous times. And, even though I canceled the certificate they
still continued to bill me. My answer has been to not do a show in NY
ever again.

Kathi

sacredclay on mon 21 apr 08


>
>
> One of the things to be aware of with NY tax certificates is that
> they collect tax quarterly. And, unless they've changed something,
> their quarters don't track with the rest of the world's. So, you have
> to be very aware of filing deadlines or you will incur a penalty. You
> also have to file every quarter whether you have a tax liability or
> not. Failure to do so will incur a penalty. If you incur a penalty
> you will have entered tax hell. >
> Kathi
> >

Correct me if I'm wrong, but it's my understanding that you only need a
tax certificate if you plan to pass along the tax to the buyer.Sorry
you had such a bad experience with my home state. New York can be over
regulated at times. Kathryn Hughes in NC

Lois Ruben Aronow on mon 21 apr 08


Same with me, except they don't seem to put a cap on my $$$ for firing
annually. I'm guessing that it's because I have only had sales in NY during
the last quarter in the past.

This year I am selling in NY on a monthly basis, so I expect they'll come
a-knockin' next year.

And as for a difference in quarters: don't worry - they are more than happy
to remind you on a very regular basis.

for what it's worth, I had the same problem in CT as Kathi had in NY. I
cancelled the certificate, but they continued to bill me on a quarterly
basis. I'll never show there again unless I can get a temporary
certificate.

...lo

**********
Lois Aronow Porcelain

Brooklyn, NY


www.loisaronow.com




>
> Kathi,
>
> I've been paying NY only once a year, but I don't sell much
> there. If you exceed $3,000 they insist on quarterly
> payments. They let me know by mail when they want to be paid
>
> Thanks for the heads up on potential difficulties.
>
> Lois
>
> Lois Wilkins
> claywork@verizon.net
>
>
>
> One of the things to be aware of with NY tax certificates is
> that they collect tax quarterly. And, unless they've changed
> something, their quarters don't track with the rest of the
> world's. So, you have to be very aware of filing deadlines or
> you will incur a penalty. You also have to file every quarter
> whether you have a tax liability or not. Failure to do so
> will incur a penalty. If you incur a penalty you will have
> entered tax hell. It took five years to straighten out my tax
> problem with NY. Their was a warrant out for me for failure
> to pay taxes even after I paid them and the penalty and
> called numerous times. And, even though I canceled the
> certificate they still continued to bill me. My answer has
> been to not do a show in NY ever again.
>
> Kathi
>

KATHI LESUEUR on tue 22 apr 08


On Apr 21, 2008, at 6:20 PM, sacredclay wrote:
>>
>>
>> One of the things to be aware of with NY tax certificates is that
>> they collect tax quarterly. And, unless they've changed something,
>> their quarters don't track with the rest of the world's. So, you have
>> to be very aware of filing deadlines or you will incur a penalty. You
>> also have to file every quarter whether you have a tax liability or
>> not. Failure to do so will incur a penalty. If you incur a penalty
>> you will have entered tax hell. >
>> Kathi
>>>
>
> Correct me if I'm wrong, but it's my understanding that you only
> need a
> tax certificate if you plan to pass along the tax to the buyer.Sorry
> you had such a bad experience with my home state. New York can be over
> regulated at times. Kathryn Hughes in NC
>

I doubt this is correct. In Michigan, you must collect sales tax
separate from the price of the piece. I know lots of people include
it, but the law is to collect it separately. Most states require a
sales tax license (whether a one time event license or a yearly
thing) if you are going to sell anything in their state. You must
collect sales tax, whether you include it in the price or not. You
must pay the sales tax. Therefore, you must have a license so that
they know you are selling in their state, have your name and address,
and can come after you it you don't pay it. The penalties for failure
to pay sales tax are quite severe in some states. As an example, I do
a show in Nashville, TN in the fall. Artists are not allowed to leave
the fair site until they have paid the sales tax collected at the show.

I know lots of people cheat on these things, but doing so puts you at
risk and in these economic times states will probably become much
more aggressive about collecting the tax. NY is already very aggressive.

Kathi

Amanda Stickney on tue 22 apr 08


The group in charge of the show is saying that I have to have a certificate=
, and that it's now my best bet to sell under someone else for this first s=
how. This is stressing me out beyond belief, but I've been wanting to do t=
his show for months now. What do you guys suggest?
=20
Amanda (I do live in Albany, NY)



> Date: Mon, 21 Apr 2008 22:20:31 +0000> From: sacredclay@GMAIL.COM> Subjec=
t: Re: Tax Certificate> To: CLAYART@LSV.CERAMICS.ORG> > >> >> > One of the =
things to be aware of with NY tax certificates is that> > they collect tax =
quarterly. And, unless they've changed something,> > their quarters don't t=
rack with the rest of the world's. So, you have> > to be very aware of fili=
ng deadlines or you will incur a penalty. You> > also have to file every qu=
arter whether you have a tax liability or> > not. Failure to do so will inc=
ur a penalty. If you incur a penalty> > you will have entered tax hell. >> =
> Kathi> > >> > Correct me if I'm wrong, but it's my understanding that you=
only need a> tax certificate if you plan to pass along the tax to the buye=
r.Sorry> you had such a bad experience with my home state. New York can be =
over> regulated at times. Kathryn Hughes in NC> > _________________________=
_____________________________________________________> Clayart members may =
send postings to: clayart@lsv.ceramics.org> > You may look at the archives =
for the list, post messages, change your> subscription settings or unsubscr=
ibe/leave the list here: http://www.acers.org/cic/clayart/> > Moderator of =
the list is Mel Jacobson who may be reached at melpots2@visi.com
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sacredclay on thu 24 apr 08


>> I know lots of people cheat on these things, but doing so puts you at
> risk and in these economic times states will probably become much
> more aggressive about collecting the tax. NY is already very
aggressive.
>
> Kathi
>
Is this the current trend for shows now? One artist told me that she
had never declared any of the income of the pieces that she had sold
and neither had paid the income tax. So are more shows insistence on
tax certificates as a way of making sure the artist is registered for
taxes, for lack of better workding? Kathryn Hughes in NC

Lois Ruben Aronow on thu 24 apr 08


i think more shows are putting it in the contract to indemnify themselves
against people who don't pay sales tax. I also believe it is the law to
inform your vendors that they must have the certificate, not to mention that
it is the professional thing to do.

small businesses are more prone to audit than any other. Checking to see if
sales taxes were collected and paid would be part of the audit process.

Be honest and avoid it all.

> -----Original Message-----
> From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf Of
> sacredclay
> Sent: Thursday, April 24, 2008 1:45 PM
> To: CLAYART@LSV.CERAMICS.ORG
> Subject: Re: Tax Certificate
>
> >> I know lots of people cheat on these things, but doing so
> puts you at
> > risk and in these economic times states will probably
> become much more
> > aggressive about collecting the tax. NY is already very
> aggressive.
> >
> > Kathi
> >
> Is this the current trend for shows now? One artist told me
> that she had never declared any of the income of the pieces
> that she had sold and neither had paid the income tax. So are
> more shows insistence on tax certificates as a way of making
> sure the artist is registered for taxes, for lack of better
> workding? Kathryn Hughes in NC
>
> ______________________________________________________________
> ________________
> Clayart members may send postings to: clayart@lsv.ceramics.org
>
> You may look at the archives for the list, post messages,
> change your subscription settings or unsubscribe/leave the
> list here: http://www.acers.org/cic/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at
> melpots2@visi.com

KATHI LESUEUR on thu 24 apr 08


>
>> -----Original Message-----
>> From: Clayart [mailto:CLAYART@LSV.CERAMICS.ORG] On Behalf Of
>> sacredclay
>> Sent: Thursday, April 24, 2008 1:45 PM
>> To: CLAYART@LSV.CERAMICS.ORG
>> Subject: Re: Tax Certificate
>>
>>>> I know lots of people cheat on these things, but doing so
>> puts you at
>>> risk and in these economic times states will probably
>> become much more
>>> aggressive about collecting the tax. NY is already very
>> aggressive.
>>>
>>> Kathi
>>>
>> Is this the current trend for shows now? One artist told me
>> that she had never declared any of the income of the pieces
>> that she had sold and neither had paid the income tax. So are
>> more shows insistence on tax certificates as a way of making
>> sure the artist is registered for taxes, for lack of better
>> wording? Kathryn Hughes in NC

Income not declared and failure to pay sales or income tax is tax
fraud. The penalties are severe and not worth the "savings". Large
fines and possible jail time depending on the amount of money
involved. It always amazes me that artists think they should not have
to declare income and pay taxes on it. Even more amazing are people
who collect sales tax and then do not declare it. The sales tax is
not their money. The are just acting as a collecting agency for the
state. They are stealing. States are realizing that they are loosing
lots of income due to undeclared income and sales taxes. They are
becoming very aggressive. Be honest. It's the safest policy.

kathi


>>
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