Legal Question in Business Law in California

should I charge tax on shipping and handling for online sales based in california

Asked on 2/06/10, 6:55 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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You must always collect sales tax on "handling" or combined shipping and handling. You can legally avoid collecting and remitting sales tax on "shipping" when and only when you use a common carrier (like the Post Office or FedEx) and separately invoice and account for their actual charges. If you deliver via company truck, not a common carrier, tax must be charged on the whole bill. Check the board of equalization's Web site for particulars.

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Answered on 2/11/10, 9:11 am
Scott Linden Scott H. Linden, Esq.
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Additionally, the tax should be collected within the state that you reside. You are not necessarily required to collect tax from States outside of where you maintain an "office".

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Answered on 2/11/10, 3:08 pm

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