Mich. Admin. Code R. 205.1

Current through Vol. 24-10, June 15, 2024
Section R. 205.1 - Sales tax licenses

Rule 1.

(1) Except as provided in subrules (7) and (8) of this rule, a Michigan sales tax license must be obtained by every person engaged in the business of selling tangible personal property at retail in this state. A person shall not engage or continue in the business of making sales at retail in this state without securing a license, regardless of the amount of sales or the manner of obtaining goods for sale. An application for a license, before or at the time of beginning business, must be made to the department of treasury on a form or in a manner prescribed by the department of treasury. All licenses must be displayed on the licensed premises.
(2) Every sales tax license expires on September 30 of each year, regardless of the date the license is issued, and must be renewed by furnishing the information as the department of treasury may require. A person selling at retail at more than 1 location or place of business shall display a copy of the license at each location. If a valid license is lost or destroyed, it may be replaced without charge by notifying the department of treasury.
(3) A license is not transferable and a new license must be secured immediately if there is a change of ownership of the business. For example, if a partner is added or dropped, or if a corporation is formed or dissolved, this constitutes a change of ownership necessitating application in the name of the new ownership for a sales tax license to sell at retail. If the new owner fails to apply for a license, the new owner may be subjected to penalty for operating without a valid sales tax license.
(4) The fact that a person is licensed by the department of treasury to sell at retail does not automatically mean that sales to the licensed person are exempt from sales tax as sales for resale.
(5) The department of treasury may deny a license to an applicant if the department of treasury considers the applicant to be the agent or representative of a principal required to be licensed and responsible for filing the sales tax returns.
(6) The department of treasury may require an applicant for a sales tax license to submit a surety bond as provided by statute.
(7) A person making retail sales at 2 or fewer events per calendar year is not required to obtain a license, but instead shall file a per event tax return as follows
(a) If the 2 or fewer events are for purposes of fundraising, a special events sales tax return must be filed.
(b) If the 2 or fewer sales events are not for fundraising purposes, a concessionaire's sales tax return must be filed.
(8) A person only making casual and isolated sales as described in R 205.13 is not required to obtain a Michigan sales tax license.

Mich. Admin. Code R. 205.1

1979 AC; 2013 AACS; 2023 MR 15, Eff. 8/11/2023