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I have a Delaware company that filed a foreign qualification…

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I have a Delaware...

I have a Delaware company that filed a foreign qualification in California. My company sells cosmetic products via e-commerce with no retail stores. I have one office in Irvine.1) We're using Amazon fulfillment center warehouse in Illinois and ShipBob warehouse in New York for inventory storage and fulfillment. We don't have physical offices or contact addresses there. Do we need to file foreign qualifications to those two states?2) All products are shipped from Illinois and New York warehouses. Can we still use "Irvine, CA" as shipping-from address for sales tax filing purpose.

Submitted: 5 months ago.Category: Tax
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Answered in 35 minutes by:
12/15/2017
Tax Professional: Barbara, Enrolled Agent replied 5 months ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 5,994
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

If you have nexus (physical presence) in a state, you are required to register as a foreign entity doing business in those states and charge and collect sales tax.

Goods stored in a warehouse for sale constitutes physical presence in the state.

The following links contain excellent information regarding Illinois and NY which you will find helpful:

https://blog.taxjar.com/illinois-amazon-fulfillment-centers/

https://www.taxjar.com/states/new-york-sales-tax-online/#do-you-have-sales-tax-nexus-in-new-york

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Tax Professional: Barbara, Enrolled Agent replied 5 months ago

Just following up with you to see if you have any other questions. If so, please let me know so I can continue to assist you.

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