Homepage / Fill in a Valid Boe 400 Spa Template
Jump Links

The BOE 400 Spa form, officially known as the California Seller’s Permit Application, is a crucial document for anyone looking to sell tangible items in California. Whether you are an individual, part of a partnership, or running a corporation, this form caters to various business types and situations, including regular or temporary sales. To obtain a seller’s permit, you must first determine the type you need—regular for ongoing sales or temporary for short-term events. This form collects essential details about your business, such as its name, ownership structure, and the nature of items you plan to sell. It also addresses important aspects like projected sales and necessary licenses for specific products, including new tires and tobacco. Additionally, it ensures compliance with state regulations by asking for personal information from business owners and partners while protecting their privacy. Understanding how to navigate this application can significantly streamline your entry into California's marketplace.

Boe 400 Spa Example

BOE-400-SPA Rev. 1 (7-05)

California Seller’s Permit Application

for Individuals/Partnerships/Corporations/Organizations

(Regular or Temporary)

State Board of Equalization

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION • SELLERS PERMIT

APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION

SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT

APPLICATION • SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION

BOARD MEMBERS

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION •SELLERS PERMIT

Betty T. Yee

A

 

• SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION • SELLERActingS P

MemberA

 

PPLICATION

 

 

ERMIT

PPLICATION

 

 

 

 

 

First District

 

 

 

 

 

San Francisco

 

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION

• SELLERS PERMIT

 

 

 

 

 

 

 

 

 

 

 

 

Bill Leonard

APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT

APPLICATION

 

 

 

 

Second District

 

 

 

 

Sacramento/Ontario

 

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION

•SELLERS

PERMIT

 

 

 

 

Claude Parrish

 

 

 

 

 

Third District

 

APPLICATION • SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT

APPLICATION

 

 

 

 

Long Beach

 

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT A

John•S

Chiang’ P

 

 

 

 

 

PPLICATION

 

 

ELLER S

ERMIT

 

 

 

 

Fourth District

 

 

 

 

 

Los Angeles

 

APPLICATION •SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION •SELLERS PERMIT

APPLICATION

 

 

 

 

Steve Westly

 

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATIONState ControllerSELLERS PERMIT

APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION

SELLERS PERMIT APPLICATION

 

 

 

EXECUTIVE DIRECTOR

 

 

 

 

 

Ramon J. Hirsig

 

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION

•SELLERS

PERMIT

APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION

SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION • SELLERS PERMIT

APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION

SELLERS PERMIT APPLICATION • SELLERS PERMIT APPLICATION •SELLERS PERMIT APPLICATION •SELLERS PERMIT

2

Frequently Asked Questions

Who must have a permit?

You are generally required to obtain a California seller’s permit if you sell or lease merchandise, vehicles, or other tangible personal property in California. A seller’s permit allows you to sell items at the wholesale or retail level. If your sales are ongoing, you should apply for a “Regular” permit. If your sales are of a temporary nature (90 days or less), apply for a “Temporary” permit. You cannot legally sell taxable items in California until you have been issued a seller’s permit.

Do I need more than one permit?

Each location where sales of taxable items are made requires, and must display, a seller’s permit. If you have more than one selling location, attach a list that includes the address for each location, and we will issue the permits needed. If your application is for a temporary permit, one permit will be enough, but you need to display a copy of that permit at each tempo- rary location.

Is there a charge for a permit?

No. However, we may require a security deposit. Deposits are used to cover any unpaid taxes that may be owed at the time a business closes.

Is information about my account subject to public disclosure?

State laws that protect your privacy generally cover your records. Some records are subject to public disclosure, such as the information on your seller’s permit, names of owners or partners, your business address, and your permit status. See the disclosure information on the back page.

Why do you need a copy of my driver license?

When it is required, it is used to ensure the accuracy of the information provided and to protect against fraudulent use of your identification.

Why am I being asked if I sell tires, covered electronic devices, or tobacco products at retail?

Effective January 1, 2001, California retailers of new tires began collecting a tire fee (currently $1.75)

for each new tire sold to consumers. Beginning January 1, 2005, retailers must collect a recycling fee on the retail sale or lease of certain new or refurbished video display devices that have a screen size of more than four inches measured diagonally. Video display devices subject to the fee are called “covered elec-

tronic devices” (CEDs). They include televisions, computer monitors, or any other product that contains a cathode ray tube, including “bare” cathode ray tubes, computer monitors, and laptop computers that use a liquid crystal display. For more information on the Electronic Recycling Fee Program or CEDs, visit: www.boe.ca.gov/sptaxprog/ewaste.htm. Effective June 30, 2004, if you sell cigarettes and/or tobacco products, you must obtain a license (separate from a seller’s permit) for each location you intend to sell these products. Depending on your response to each ques- tion and the type of business, the Board will send you information about these license and fee programs.

What are my rights and responsibilities as a seller?

When you obtain a seller’s permit, you acquire certain rights and responsibilities.

You may buy property for resale without paying tax to your supplier. By providing the vendor a completed resale certificate, you are not required to pay sales tax on property you are buying for resale. You cannot use a resale certificate to buy property for your own use (even if you plan to sell it after its use).

You must keep records to substantiate your sales, purchases, and return deductions and keep them for four years.

You must file returns according to the Board’s instructions for the filing basis that we determine from your application. You must file a return even if you have no tax to report.

You must pay the sales tax due on your retail sales in California. You may be reimbursed by collecting the amount of tax from your customers.

You must notify the Board of any business changes. A permit is issued only to the owner and address listed on the permit. If you change owner- ship, address, add another location, sell or close your business, add or drop a partner, you must notify the Board by calling or in writing. Your notification will help us close your account and return any security on deposit. If you do not, you could be held liable for continuing business taxes. Note: Notify us immediately if you drop or add a partner in order to protect former partners from tax liabilities incurred by the business after the partner- ship changes.

Seller’s Permit Application Individuals/Partnerships/Corporations/Organizations (Regular or Temporary) (7-05)

3

INFORMATION CENTER

800-400-7115

FOR TDD ASSISTANCE

From TDD phones: 800-735-2929

From voice phones: 800-735-2922

FIELD OFFICES

CALL FOR ADDRESSES

City

Area

Number

 

Code

 

Bakersfield

661

395-2880

Culver City

310

342-1000

El Centro

760

352-3431

Eureka*

707

445-6500

Fresno

559

248-4219

Kearny Mesa

858

636-3191

Laguna Hills

949

461-5711

Long Beach

562

901-2483

Norwalk

562

466-1694

Oakland

510

622-4100

Rancho Mirage

760

346-8096

Redding

530

224-4729

Riverside

951

680-6400

Sacramento

916

227-6700

Salinas

831

443-3003

San Diego

619

525-4526

San Francisco

415

356-6600

San Jose

408

277-1231

San Marcos

760

510-5850

Santa Ana

714

558-4059

Santa Rosa

707

576-2100

Suisun City

707

428-2041

Van Nuys

818

904-2300

Ventura

805

677-2700

West Covina

626

480-7200

Business Located

Out-of-State

916-227-6600

*Office closed June 30, 2005. For dates and times of services in the Eureka area, please visit our website at www.boe.ca.gov or call the Information Center at 800-400-7115.

How Do I Apply for

My Seller’s Permit?

Step 1: Complete Your Application

Complete the application on page 5. If your business is an ongoing opera- tion, check permit type “Regular.” If your business will operate at the location(s) for 90 days or less, check “Temporary.” Please provide all the information requested on the application. If you do not, this will delay the issuance of your permit. Refer to the “Tips” on page 4. If you need assis- tance, please call your local Board office or the Information Center at 800-400-7115.

Note: If your business is located outside California, you also need to complete form BOE-403-B, Registration Information for Out-of-State Account. Visit our website at www.boe.ca.gov, call the Out-of-State Office at 916-227-6600, or the Information Center at 800-400-7115, to request a copy by mail or by fax (select the automated fax-back option).

For information regarding whether or not your out-of-state corporation qualifies to transact business in the State of California, you may visit the Secretary of State’s website at www.ss.ca.gov. For information regarding the minimum franchise tax for corporations, please visit the California Taxes Information Center’s website at www.taxes.ca.gov.

Step 2: Send Your Application for Processing

Send or take your application to the district office nearest your place of business. If you plan to apply in person, contact the local office to find out when they are open. Note: A permit is required before you begin making sales. Advise the Board if you have an urgent need for a permit.

Step 3: After Your Application Is Approved

If your application is complete, you should receive your permit in about two weeks. Based on the information in your application, the Board will provide you with regulations, forms, and other publications that may help you with your business. Or, you may choose to view and download information from our website at www.boe.ca.gov. You will also be informed as to when to file tax returns: monthly, quarterly, fiscal or calendar yearly. You will also start receiving tax returns for reporting and paying the taxes due on your sales and purchases. If you do not receive a return, download one from our website, or call the district office nearest you. You may also be eligible to e-file your return, visit our website for details.

Post your permit at your place of business in a location easily seen by your customers.

Seller’s Permit Application Individuals/Partnerships/Corporations/Organizations (Regular or Temporary) (7-05)

4

Tips for Filling Out Your Application

Item 1: Permit Type

Check whether you are applying for a regular or temporary permit. You may apply for a temporary permit if you intend to make sales for a period of 90 days or less. Otherwise, you must apply for a regular permit.

Items 2–8: Business Identification Information

Check your type of ownership and provide all of the information requested. Partnerships should provide a copy of their written partnership agreement, if one exists. If it is filed with us at the time you apply for a permit and it specifies that all business assets are held in the name of the partnership, we will attempt to collect any delinquent tax liability from the partnership’s assets before we attempt to collect from the partners’ personal assets. The “Registered Domestic Partnership” ownership box should only be checked if both persons are registered as domestic partners with the Office of the Secretary of State.

Items 9–35: Ownership Information

Indicate whether those listed are owners, partners, etc., and enter their driver license or California Identification Card number and, except in the case of corporate officers, their social security number. Also, provide a reference for each person, who does not live with that person. This information will be kept in strict confi- dence. If mailing your application, you must provide

a photocopy of your driver license or California Identification Card.

Items 36–49, 66: Type of Business, Selling Locations, and Landlord Information

Check whether the business is a retailer, wholesaler, etc., and whether the business is full time or part time. Describe the types of items you will sell. Avoid using broad descriptions, such as “general merchandise.” Instead, list specific examples such as sports equipment or garden supplies. Indicate the number of selling locations, the address, telephone number, website and email address of the business, as well as the landlord’s name, address, and telephone number. If there are multiple selling locations, additional addresses can be

listed on the reverse side (Item 66). Tax returns and other materials will be sent to the business address unless a different mailing address is specified (Item 42).

Items 50–51: Projected Monthly Sales

Indicate your projected monthly gross and taxable sales. If unsure, provide an estimate. Your projection helps to determine how often you will need to file a return. If your actual sales vary, we may adjust your filing frequency.

Items 52–55: Related Program Information

Provide your Alcoholic Beverage Control license number, if applicable. Indicate if you will be selling new tires, covered electronic devices, or tobacco products. We will contact you to determine if you need to register for any of these other programs.

Items 56–65: Related Party Information

Identify the person maintaining your records, your bank, and if you accept credit cards, your merchant card account. Also, identify major California-based suppliers and the products that you purchase from them.

Items 67–74: Ownership and Organiza- tional Changes

If you are purchasing a business, or changing from one type of business organization to another, provide the previous owner’s name and seller’s permit num- ber. If you are purchasing a business, you should request a tax clearance in advance to assure that you won’t have to pay any taxes owed by the previous owner.

Items 75–82: Temporary Permit Event Information

Applicants for a temporary permit must complete each item in this section.

Certification

Each owner, co-owner, partner, or corporate officer must sign the application.

Seller’s Permit Application Individuals/Partnerships/Corporations/Organizations (Regular or Temporary) (7-05)

— tear at perforation —

BOE-400-SPA REV. 1 (FRONT) (7-05)

 

 

 

 

 

 

 

 

 

 

 

 

STATE OF CALIFORNIA

APPLICATION FOR SELLER’S PERMIT

 

 

 

 

 

 

 

 

 

BOARD OF EQUALIZATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. PERMIT TYPE: (check one)

Regular

Temporary

 

 

 

FOR BOARD USE ONLY

 

 

 

2. TYPE OF OWNERSHIP (check one)

 

* Must provide partnership agreement

TAX

 

IND

OFFICE

 

 

 

PERMIT NUMBER

Sole Owner

 

 

Husband/Wife Co-ownership

S

 

 

 

 

 

 

 

 

 

 

 

 

 

Corporation

 

 

Limited Liability Company (LLC)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unincorporated Business Trust

NAICS CODE

BUS CODE

A.C.C.

REPORTING BASIS

 

TAX AREA CODE

General Partnership

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limited Liability Partnership (LLP) *

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limited Partnership (LP) *

 

 

 

 

 

RETURN TYPE

 

 

 

 

 

(Registered to practice law, accounting or architecture)

PROCESSED BY

PERMIT ISSUE

 

 

(1) 401-A

 

(2) 401-EZ

 

 

 

Registered Domestic Partnership

 

 

 

 

 

 

 

 

 

 

 

 

DATE

 

VERIFICATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other (describe)

 

 

 

 

 

 

 

 

___ / ___ / ___

 

 

DL

 

PA

 

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

3. NAME OF SOLE OWNER, CORPORATION, LLC, PARTNERSHIP, OR TRUST

 

 

 

4. STATE OF INCORPORATION OR ORGANIZATION

 

 

 

 

 

 

 

 

 

 

 

 

5. BUSINESS TRADE NAME / “DOING BUSINESS AS” [DBA] (if any)

 

 

 

 

 

6. DATE YOU WILL BEGIN BUSINESS ACTIVITIES (month, day, and year)

 

 

 

 

 

 

 

 

 

 

7. CORPORATE, LLC, LLP OR LP NUMBER FROM CALIFORNIA SECRETARY OF STATE

 

 

 

8. FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHECK ONE

Owner/Co-Owners

Partners

Registered Domestic

Corp. Officers

LLC Officers/Managers/

 

 

Trustees/

 

 

 

 

 

Partners

 

 

 

 

Members

 

 

 

 

Beneficiaries

Use additional sheets to include information for more than three individuals.

9. FULL NAME (first, middle, last)

 

 

 

 

 

 

 

 

 

10. TITLE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

11. SOCIAL SECURITY NUMBER (corporate officers excluded)

 

 

 

 

 

12. DRIVER LICENSE NUMBER (attach copy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13. HOME ADDRESS (street, city, state, zip code)

 

 

 

 

 

 

 

 

14. HOME TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

15. NAME OF A PERSONAL REFERENCE NOT LIVING WITH YOU

16. ADDRESS (street, city, state, zip code)

 

 

17. REFERENCE TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

18. FULL NAME OF ADDITIONAL PARTNER, OFFICER, OR MEMBER (first, middle, last)

 

 

 

 

 

19. TITLE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20. SOCIAL SECURITY NUMBER (corporate officers excluded)

 

 

 

 

 

21. DRIVER LICENSE NUMBER (attach copy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22. HOME ADDRESS (street, city, state, zip code)

 

 

 

 

 

 

 

 

23. HOME TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

24. NAME OF A PERSONAL REFERENCE NOT LIVING WITH YOU

25. ADDRESS (street, city, state, zip code)

 

 

26. REFERENCE TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

27. FULL NAME OF ADDITIONAL PARTNER, OFFICER, OR MEMBER (first, middle, last)

 

 

 

 

 

28. TITLE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

29. SOCIAL SECURITY NUMBER (corporate officers excluded)

 

 

 

 

 

30. DRIVER LICENSE NUMBER (attach copy)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

31. HOME ADDRESS (street, city, state, zip code)

 

 

 

 

 

 

 

 

32. HOME TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

33. NAME OF A PERSONAL REFERENCE NOT LIVING WITH YOU

34. ADDRESS (street, city, state, zip code)

 

 

35. REFERENCE TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

36. TYPE OF BUSINESS (check one that best describes your business)

 

 

 

 

 

 

37. NUMBER OF SELLING LOCATIONS

Retail

Wholesale

Mfg.

Repair

Service

Construction

Contractor

 

Leasing

 

 

(if 2 or more, see Item No. 66)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

38. WHAT ITEMS WILL YOU SELL?

 

 

 

 

 

 

 

 

 

39. CHECK ONE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full Time

Part Time

 

 

 

 

 

 

 

 

 

 

 

40. BUSINESS ADDRESS (street, city, state, zip code) [do not list P.O. Box or mailing service]

 

 

 

 

 

41. BUSINESS TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

42. MAILING ADDRESS (street, city, state, zip code) [if different from business address]

 

 

 

 

 

43. BUSINESS FAX NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

44. BUSINESS WEBSITE ADDRESS

 

 

45. BUSINESS EMAIL ADDRESS

 

 

 

 

46. DO YOU MAKE INTERNET SALES?

www.

 

 

 

 

 

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

47. NAME OF BUSINESS LANDLORD

 

 

48. LANDLORD ADDRESS (street, city, state, zip code)

 

 

49. LANDLORD TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

(

 

)

 

 

 

 

 

 

 

 

 

 

 

50. PROJECTED MONTHLY GROSS SALES

 

51. PROJECTED MONTHLY TAXABLE SALES

 

52. ALCOHOLIC BEVERAGE CONTROL LICENSE NUMBER (if applicable)

$

 

 

 

$

 

 

 

 

___ ___ - ___ ___ ___ ___ ___ ___

 

 

 

 

 

 

 

 

 

 

 

53. SELLING NEW TIRES?

 

 

54. SELLING COVERED ELECTRONIC DEVICES?

 

 

55. SELLING TOBACCO AT RETAIL?

Yes

No

 

 

Yes

No

 

 

 

 

 

 

 

Yes

 

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(continued on reverse)

BOE-400-SPA REV. 1 (BACK) (7-05)

56. NAME OF PERSON MAINTAINING YOUR RECORDS

57. ADDRESS (street, city, state, zip code)

58. TELEPHONE NUMBER

 

 

59. NAME OF BANK OR OTHER FINANCIAL INSTITUTION (note whether business or personal)

60. BANK BRANCH LOCATION

 

 

 

61. NAME OF MERCHANT CREDIT CARD PROCESSOR (if you accept credit cards)

 

62. MERCHANT CARD ACCOUNT NUMBER

63. NAMES OF MAJOR CALIFORNIA-BASED SUPPLIERS

64. ADDRESSES (street, city, state, zip code)

65. PRODUCTS PURCHASED

ADDITIONAL SELLING LOCATIONS (List All Other Selling Locations)

66. PHYSICAL LOCATION OR STREET ADDRESS (attach separate list, if required)

OWNERSHIP AND ORGANIZATIONAL CHANGES (Do Not Complete for Temporary Permits)

67. ARE YOU BUYING AN EXISTING BUSINESS?

Yes

No If yes, complete items 70 through 74.

68.ARE YOU CHANGING FROM ONE TYPE OF BUSINESS ORGANIZATION TO ANOTHER (FOR EXAMPLE, FROM A SOLE OWNER TO A CORPORATION OR FROM A PARTNERSHIP TO A LIMITED LIABILITY COMPANY, ETC.)?

Yes

No If yes, complete items 70 and 71.

 

 

 

69. OTHER OWNERSHIP CHANGES (please describe):

 

 

 

70. FORMER OWNER’S NAME

71. SELLER’S PERMIT NUMBER

 

 

72. PURCHASE PRICE

73. VALUE OF FIXTURES & EQUIPMENT

$

 

$

 

 

 

74. IF AN ESCROW COMPANY IS REQUESTING A TAX CLEARANCE ON YOUR BEHALF, PLEASE LIST THEIR NAME, ADDRESS, TELEPHONE NUMBER, AND THE ESCROW NUMBER

TEMPORARY PERMIT EVENT INFORMATION

75. PERIOD OF SALES

FROM: ___ / ___ / ___ THROUGH: ___ / ___ / ___

76. ESTIMATED EVENT SALES

$

77. SPACE RENTAL COST (if any)

$

78. ADMISSION CHARGED?

Yes No

79. ORGANIZER OR PROMOTER OF EVENT (if any)

80. ADDRESS (street, city, state, zip code)

81. TELEPHONE NUMBER

( )

82.ADDRESS OF EVENT (If more than one, use line 66, above. Attach separate list, if required.)

CERTIFICATION

All Corporate Officers, LLC Managing Members, Partners, or Owners must sign below.

I am duly authorized to sign the application and certify that the statements made are correct to the best of my knowledge and belief. I also represent and acknowledge that the applicant will be engaged in or conduct business as a seller of tangible personal property.

NAME (typed or printed)

SIGNATURE

DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME (typed or printed)

 

 

 

SIGNATURE

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME (typed or printed)

 

 

 

SIGNATURE

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FOR BOARD USE ONLY

 

 

 

 

 

 

 

 

 

 

SECURITY REVIEW

 

 

 

 

FORMS

 

 

 

 

PUBLICATIONS

 

BOE-598 ($

 

) or

 

BOE-1009

 

 

BOE-8

 

 

BOE-400-Y

 

 

 

PUB 73

 

PUB DE 44

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BOE-162

 

 

BOE-519

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REQUIRED BY

APPROVED BY

 

 

 

 

BOE-467

 

 

BOE-1241-D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REGULATIONS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RETURNS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REG. 1668

 

 

REG. 1698

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REG. 1700

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7

Where Can I Get Help?

No doubt you will have questions about how the Sales and Use Tax Law applies to your business

operations. For assistance, you may take advantage of the resources listed below.

INTERNET

www.boe.ca.gov

You can log onto our website for additional infor- mation. For example, you can find out what the tax rate is in a particular county, or you can download numerous publications — such as laws, regulations, pamphlets, and policy manuals — that will help you understand how the law applies to your business. You can also verify sellers’ permit numbers online, read about upcoming Taxpayers’ Bill of Rights hearings, and obtain information on Board field office addresses and telephone numbers.

Another good resource — especially for starting businesses — is the California Tax Information Center at www.taxes.ca.gov.

CLASSES

You may enroll in a basic sales and use tax class offered by some local Board offices. You should call ahead to find out when your local office conducts classes for beginning sellers.

WRITTEN TAX ADVICE

It is best to get tax advice from the Board in writing. You may be relieved of tax, penalty, or interest charges if we determine you did not correctly report tax because you reasonably relied on our written advice regarding a transaction.

For this relief to apply, your request for advice must be in writing, identify the taxpayer to whom the advice applies, and fully describe the facts and circumstances of the transaction.

Send your request for written advice to:

State Board of Equalization; Audit and Information Section, MIC:44; PO Box 942879, Sacramento, CA 94279-0044.

INFORMATION CENTER

800-400-7115

FOR TDD ASSISTANCE

From TDD phones: 800-735-2929

From voice phones: 800-735-2922

Customer service representatives are available from

8a.m. through 5 p.m., Monday-Friday, excluding state holidays.

Faxback Service. To order fax copies of selected forms and notices, call 800-400-7115 and choose the faxback option. You can call at any time for this service.

Translator Services. We can provide bilingual ser- vices for persons who need assistance in a language other than English.

TAXPAYERSRIGHTS

ADVOCATE OFFICE

If you would like to know more about your rights as a taxpayer or if you are unable to resolve an issue with the Board, please contact the Taxpayers’ Rights Advocate office for help at 916-324-2798

(or toll-free, 888-324-2798). Their fax number is 916-323-3319.

If you prefer, you can write to: State Board of Equaliza- tion; Taxpayers’ Rights Advocate, MIC:70; PO Box 942879; Sacramento, CA 94279-0070.

To obtain a copy of publication 70, The California Taxpayers’ Bill of Rights, you may visit our website or call our Information Center.

FIELD OFFICES

See page 3.

Seller’s Permit Application Individuals/Partnerships/Corporations/Organizations (Regular or Temporary) (7-05)

BOE-324-SUT REV. 2 (2-05)

Sales and Use Tax Privacy Notice

Information Provided to the Board of Equalization

We ask you for information so that we can administer the state’s sales and use tax laws (Revenue and Taxation Code sections 6001-7176, 7200-7226, 7251-7279.6, 7285-7288.6). We will use the information to determine whether you are paying the correct amount of tax and to collect any amounts you owe. You must provide all of the information we request, including your social security number (used for identification purposes [see Title 42 U.S. Code sec.405(c)(2)(C)(i)]).

What happens if I don’t provide the information?

If your application is incomplete, we may not issue your seller’s permit or use tax certificate. If you do not file complete returns, you may have to pay penalties and interest. Penalties may also apply if you don’t provide other information we request or that is required by law, or if you give us fraudulent information. In some cases, you may be subject to criminal prosecution.

In addition, if you don’t provide information we request to support your exemptions, credits, exclusions, or adjust- ments, we may not allow them. You may end up owing more tax or receiving a smaller refund.

Can anyone else see my information?

Your records are covered by state laws that protect your privacy. However, we may share information regarding your account with certain government agencies. We may also share certain information with companies authorized to represent local governments.

Under some circumstances we may release to the public the information printed on your permit, account start and closeout dates, and names of business owners or partners. When you sell a business, we can give the buyer or other involved parties information regarding your outstanding tax liability.

With your written permission, we can release information regarding your account to anyone you designate.

We may disclose information to the proper officials of the following agencies, among others:

United States government agencies: U.S. Attorney’s Office; Bureau of Alcohol, Tobacco and Firearms; Depts. of Agriculture, Defense, and Justice; Federal Bureau of Investigation; General Accounting Office; Internal Revenue Service; Interstate Commerce Commission

State of California government agencies and offi- cials: Air Resources Board; Dept. of Alcoholic Beverage Control; Auctioneer Commission; Dept. of Motor Vehicles; Employment Development Depart- ment; Energy Commission; Exposition and Fairs; Dept. of Food and Agriculture; Board of Forestry; Forest Products Commission; Franchise Tax Board; Dept. of Health Services; Highway Patrol; Dept. of Housing and Community Development; California Parent Locator Service

State agencies outside of California for tax enforce- ment purposes

City attorneys and city prosecutors; county district attorneys, police and sheriff departments.

Can I review my records?

Yes. Please contact your closest Board office (see the white pages of your phone book). If you need more information, you may contact our Disclosure Officer in Sacramento by calling 916-445-2918. You may also want to obtain publication 58-A, How To Inspect and Correct Your Records. You may download it from the Internet: www.boe.ca.gov (look under “Forms, Publications, Reports & News”) or order a copy from our Information Center at 800-400-7115.

Who is responsible for maintaining my records?

The deputy director of the Sales and Use Tax Depart- ment, whom you may contact by calling 916-445-6464 or writing to the address shown.

Deputy Director

Sales and Use Tax Department MIC:43

450 N Street

Sacramento, CA 95814

File Breakdown

Fact Name Description
Form Title The form is titled BOE-400-SPA, which stands for the California Seller’s Permit Application for Individuals, Partnerships, Corporations, and Organizations.
Governing Body The State Board of Equalization oversees the issuance of the seller's permit in California.
Permit Types Applicants can apply for either a "Regular" permit for ongoing sales or a "Temporary" permit for sales lasting 90 days or less.
No Fees There is no charge for obtaining a seller’s permit, although a security deposit may be required.
Privacy Protection Certain records are protected by state law; however, some information like the seller's permit status and business address may be publicly disclosed.
Identification Requirement A copy of the applicant's driver license is required to verify the information provided on the application.
Sales Tax Responsibilities Permitted sellers must collect and remit sales tax for retail sales, which can be passed on to customers.
Record Keeping Sellers must maintain records of all sales and purchases for at least four years.
Multiple Locations If the applicant has multiple selling locations, a seller's permit is required for each, and these addresses must be provided.
Temporary Events For temporary sales events, a single seller's permit will suffice, but it must be displayed at each temporary location.

Guide to Using Boe 400 Spa

Completing the BOE 400 Spa form is necessary for anyone wishing to apply for a seller's permit in California. You will provide important information about your business identity, ownership structure, and the types of items you plan to sell. Accuracy is crucial, as any errors may delay the processing of your application.

  1. Complete Your Application - Fill out the application on page 5. Choose the appropriate permit type—“Regular” for ongoing business or “Temporary” for sales lasting 90 days or less. Ensure all requested information is accurately provided.
  2. Send Your Application for Processing - Submit your completed application to the nearest district office. If applying in person, check the local office’s hours beforehand. Keep in mind that a permit is required before starting sales.
  3. Await Approval of Your Application - If your application is complete, expect to receive your permit within about two weeks. The Board will also send information regarding filing tax returns based on your application.

After you receive your seller's permit, make sure to post it visibly at your place of business for your customers to see. The information provided should be kept confidential but may be subject to public disclosure according to state law. Additionally, familiarize yourself with your responsibilities as a seller to ensure compliance with tax regulations.

Get Answers on Boe 400 Spa

Who must have a permit?

A seller’s permit is required if you sell or lease merchandise, vehicles, or any tangible personal property in California. This permit enables you to conduct sales at either the wholesale or retail level. If your sales are ongoing, you should apply for a “Regular” permit. If you only plan to make temporary sales lasting 90 days or less, a “Temporary” permit is appropriate. It's crucial to have your seller’s permit before you start selling taxable items in California to remain compliant with the law.

Do I need more than one permit?

Yes, if you operate from multiple locations that make sales of taxable items, each location must have its own seller’s permit. Each permit needs to be displayed prominently at its respective location. Should you be applying for a temporary permit, one permit will sufficiently cover all temporary sales locations as long as you keep a copy visible at each site. If you have more than one selling location, provide a comprehensive list with addresses in your application.

Is there a charge for a permit?

No, obtaining a seller’s permit itself does not incur a fee. However, be prepared for the possibility of a security deposit. This deposit is essential for covering any unpaid taxes that may arise if your business closes. Therefore, while the permit is free, the security deposit ensures that state taxes are still collectable even after business operations cease.

Why do you need a copy of my driver license?

A copy of your driver's license is necessary for verification purposes. It helps ensure the accuracy of your application and acts as a safeguard against potential fraudulent use of your identity. Providing this documentation establishes your identity and supports the integrity of the application process.

Common mistakes

Many individuals face challenges when completing the BOE-400-SPA form, which is essential for obtaining a seller’s permit in California. Recognizing common mistakes can prevent unnecessary delays and ensure a smoother application process.

One frequent error is inaccurate selection of permit type. Applicants often misclassify their business activities as temporary when they intend to operate on a long-term basis. It's vital to check if your business falls under "Regular" or "Temporary" permits accurately. Knowing the correct classification helps the Board provide the appropriate guidelines and materials.

Another pitfall comes from insufficient information on ownership. Many people neglect to include requisite details about partners or corporate officers. When applicable, it’s crucial to include social security numbers and driver’s license numbers, ensuring that copies of these documents accompany the application. Omitting this information may lead to processing delays.

Additionally, applicants often leave out specific business descriptions. Instead of using vague terms like “general merchandise,” providing detailed examples is essential. For instance, listing "electronics" is less helpful than naming specific items such as "laptops" or "headphones." This specificity aids in categorizing your business correctly within the relevant tax structures.

Users sometimes skip the projected sales estimates section or provide wildly inaccurate figures. Indicating realistic projected sales helps the Board determine filing frequencies. If you are unsure, an educated guess is better than leaving the section blank. This information contributes to a seamless operational timeline.

In addition to financial details, applicants frequently overlook landlord information or provide incomplete addresses. Accurate identification of your landlord’s details is crucial, especially if the Board needs to communicate about your selling location. Providing this information promptly can mitigate the risk of later complications.

Finally, a common misstep involves missing signatures. All owners and designated partners must sign the application. Failure to secure all required signatures could halt the application process, resulting in additional delays. Each signatory’s assurance signifies acknowledgment of the form's accuracy.

Filling out the BOE-400-SPA form meticulously is key to a successful application. By being aware of these common mistakes and taking the time to complete each section thoughtfully, applicants can enhance their chances of a swift and efficient approval process.

Documents used along the form

The BOE 400 Spa form is essential for individuals and businesses wishing to apply for a seller's permit in California. Alongside this form, several other documents and forms are often required to ensure compliance with state regulations. Below is a list of additional forms that may be necessary when applying for a seller's permit.

  • BOE-403-B: This is the Registration Information for Out-of-State Account form. If your business is located outside California but you plan to conduct sales within the state, you will need to fill out this form. It provides information about your business operations and ensures compliance with California tax regulations.
  • Resale Certificate: This document allows you to purchase items for resale without paying sales tax. When buying goods specifically for resale, presenting a resale certificate to your supplier is crucial. However, do not use this certificate for personal purchases, as it is only valid for items intended for sale.
  • Certificate of Good Standing: Often required if your business is a corporation or a limited liability company (LLC). This certificate verifies that your business complies with state regulations and has met all necessary tax obligations. Obtaining this certificate from the Secretary of State can facilitate the seller's permit application process.
  • Partnership Agreement: If your business is structured as a partnership, including a copy of your partnership agreement with the seller's permit application can help clarify ownership and operational details. This document outlines the rights and responsibilities of each partner and is essential for tax purposes.

Understanding these additional forms and their purposes will aid in the smooth processing of your seller's permit application. For successful compliance, ensure all information is accurate and all necessary documentation is submitted with your application.

Similar forms

  • IRS Form SS-4: This form is used to apply for an Employer Identification Number (EIN), similar to the BOE-400 Spa in that it establishes a business's legal identity. Both documents provide critical identification for tax purposes.
  • California Seller’s Permit Application (BOE-400): This is the broader category form that includes various updates. The BOE-400 Spa is a specific type under this umbrella, with similar details about ownership and business activities.
  • California Business License Application: Much like the BOE-400 Spa, this form registers a business to operate in California. Both require details about the business, such as ownership information and financial projections.
  • California Fictitious Business Name Statement: This document needs to be filed if a business operates under a name other than its official name. Similar to BOE-400 Spa, it collects vital information regarding ownership and purpose.
  • LLC Articles of Organization (Form LLC-1): This is needed for forming a Limited Liability Company. The process is focused on legal establishment, showcasing ownership and business structure, which parallels the information gathered in the BOE-400 Spa.
  • Partnership Agreement: A partnership agreement lays out ownership shares and responsibilities. Like the BOE-400 Spa, it ensures clarity about who is involved and their roles within the business operations.
  • California Corporation Filing (Articles of Incorporation): This document is essential for forming a corporation in California, collecting similar details regarding owners and business status, much like the BOE-400 Spa’s functions.

Dos and Don'ts

  • Do carefully read the entire form before starting. Understanding all requirements can help prevent mistakes.
  • Do provide accurate information. Double-check names, addresses, and identification numbers to ensure correctness.
  • Do check the type of permit you need. Choose between regular and temporary based on your business duration.
  • Do include all necessary attachments. If applicable, attach a copy of your partnership agreement or driver’s license.
  • Don’t leave any required fields blank. Missing information can delay the processing of your application.
  • Don’t submit your application for processing without reviewing it. A single error could result in complications.
  • Don’t forget to provide your projected monthly sales figures. This helps determine your tax reporting frequency.
  • Don’t neglect to notify the Board of any changes in your business. Changes in ownership or location must be reported promptly.

Misconceptions

  • Misconception 1: The Boe 400 Spa form is only for large businesses.
  • This form is designed for all types of businesses, including individuals, partnerships, and corporations, regardless of size or scale.

  • Misconception 2: A seller's permit is not necessary for temporary sales.
  • Even for temporary sales lasting 90 days or less, obtaining a temporary seller's permit is essential to comply with legal requirements.

  • Misconception 3: There is a fee to obtain a seller’s permit.
  • While there is no fee for the permit itself, a security deposit may be required to cover any unpaid taxes upon closing the business.

  • Misconception 4: Seller information is always public.
  • While some business information may be disclosed, much of it is protected under state laws, ensuring privacy for most records.

  • Misconception 5: A seller's permit allows unlimited sales without restrictions.
  • A seller's permit must adhere to specific guidelines, including reporting taxable sales and business changes to the Board of Equalization.

  • Misconception 6: Only physical businesses need a seller’s permit.
  • Businesses selling online or via other forms of commerce also require a seller’s permit to operate legally.

  • Misconception 7: The seller's permit application is straightforward with no required details.
  • Filling out the application accurately is critical, and specific information such as ownership structure and business type must be detailed.

  • Misconception 8: If sales are minimal, a permit is not needed.
  • Legally, any sales of tangible personal property in California require a seller's permit, regardless of the sales volume.

  • Misconception 9: Once a seller's permit is issued, no further action is required.
  • Permit holders must file sales tax returns regularly and inform the Board of any changes in ownership, address, or business structure.

Key takeaways

  • To apply for a California seller's permit, choose between a Regular or Temporary permit based on the duration of your sales activities.

  • Complete all sections of the BOE 400 Spa form accurately to avoid delays in processing your application.

  • Provide necessary identification, such as a photocopy of your driver's license, to ensure the accuracy of your information.

  • List all selling locations where taxable sales will occur, as each location must display its seller’s permit.

  • Understanding your rights and responsibilities as a seller is essential. You must keep detailed records and file returns even if no tax is due.

  • Post your seller’s permit visibly at your business to comply with regulations and inform customers of your legal selling status.