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Lawdoctor
Lawdoctor, Attorney
Category: Business Law
Satisfied Customers: 1400
Experience:  I have handled numerous business law cases during my career
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hi i have a llc and its a service its a bungie trampoline in

Customer Question

hi i have a llc and its a service its a bungie trampoline in a mall in dallas texas...

do we need a sellers permit??? we sell no merchandise just the ride..my partners and i were not sure we needed one but were afraid we do but we have been doing buisines for 6 months. small buisiness just started
Submitted: 4 years ago.
Category: Business Law
Expert:  Lawdoctor replied 4 years ago.
Dear Perablii:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!



The short answer is YES you need a seller's permit!

You must obtain a seller's permit if you:

  • Are engaged in business in this State
  • If you intend to sell or lease tangible personal property or services that would ordinarily be subject to sales tax if sold at retail.
  • Alternatively, if you will make sales for a temporary period, longer than 30 days at one or more locations (e.g. fireworks booth, Christmas tree lots, garage sales).

Here is who is required to obtain a seller's permit applies to

  • Husband/Wife Co-ownership
  • LLP's
  • LLC's

Note: Both wholesalers and retailers must apply for a seller's permit.

Get it a soon as possible.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

Customer: replied 4 years ago.

hi

what happens if we havent paid... but were going to get a sellers permit tomorrow. will they just fine us? or shut us down etc.? we have the money to pay it plus penalties but will they give us a permit?

 

thx for your precious time

 

Expert:  Lawdoctor replied 4 years ago.
They may fine you, but I doubt they will shut you down. Just go in with a good attitude and be very courteous and polite, that usually goes a very long way. Be humble and 'awe shucks', ' didn't know about this one, we got all the rest', please don't hurt us too bad....

The economy is bad and they should not be looking to shut down businesses, but do everything they can to help them. If they do issue a fine, ask how to appeal it or to apply to get the fine waived if it is more than you can handle. They may tell you to stop doing business until they issue the permit, but more than likely if you go in with your corporate paperwork, lease from the mall, etc, you should not have a problem.

If they do, then file an appeal and in the appeal ask for an emergency variance to continue your activities until a hearing can be held.
But again, a really friendly and good attitude will get you a long way!

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Customer: replied 4 years ago.
thank you we are trying to expand ...we have 3 mall location and non have asked us for one except for this new mall...
Expert:  Lawdoctor replied 4 years ago.
Here is the link to the application:

http://www.window.state.tx.us/taxinfo/taxforms/ap-201.pdf

This should apply to all your locations and you should only need one ID#. However, you may want to discuss having the separate sites kept separately for liablity purposes and thus having 3 separate companies. If you have liablity insurance, discuss this with the company and your business attorney or CPA.

For instance, if someone falls at the Dallas mall location, and you have your other 2 locations and assets under the same company, they can come after all the assets, whereas, if each location is a separate legal entity, then the liablity is limited to that location. However, it may be less expensive to get high enough coverage amounts that a personal injury lawyer would not be interested in anything more than your insurance coverage. With your type of business I would highly recommend coverage in excess of 5 million dollars, because if you ever have a quadriplegic injury case, it will easily hit that amount or more.

Insurance is one of the best investments you can make in your type of business along with a very good attorney!!!

I wish you the best

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Lawdoctor, Attorney
Category: Business Law
Satisfied Customers: 1400
Experience: I have handled numerous business law cases during my career
Lawdoctor and 11 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.
Cool
Expert:  Lawdoctor replied 4 years ago.
You too!!! Have a great day and good luck with your business!

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