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Guide

Resale Certificates and Sales Tax for Resellers

What a resale certificate is, who can use one, what it doesn't cover, the penalties for misuse, and how marketplace sales tax collection works for US resellers.

By OOSClub · Last reviewed

Researched from public information

A resale certificate lets a business registered to collect sales tax buy items it will resell without paying sales tax on them. If you buy inventory for a reselling business, it can lower what each item costs you. It also comes with rules, and misusing one can be a crime. This guide explains how resale certificates work, who can use them, what they don't cover, and how sales tax works when you sell on a marketplace.

This is general information about US sales tax, not tax or legal advice. Every state sets its own rules and they change, so check with your state's revenue department or a tax professional before you rely on any of this.

What a resale certificate does#

Sales tax is meant to be paid once, by the final customer. When a business buys something to resell, it can give the supplier a resale certificate instead of paying tax. The certificate is the supplier's record of why it didn't charge tax on that sale.

The Texas Comptroller is a good example of how this works. Texas uses Form 01-339, the Texas Sales and Use Tax Resale Certificate. The buyer fills it in with their Texas taxpayer number and gives it to the seller, and the seller keeps it on file.

It's state by state#

There's no single national resale certificate system. Each state decides:

  • which form to use and what goes on it;
  • who can issue one, usually businesses registered to collect sales tax in that state;
  • what counts as buying "for resale";
  • how long records must be kept, and the penalties for misuse.

Texas, for example, says a sales tax permit number, or a copy of your permit, is not a substitute for a completed resale certificate. It also says a certificate can be used for items resold in the United States or Mexico, but not other countries.

Two more examples:

  • California uses form CDTFA-230, the General Resale Certificate. If you paid tax on something and resold it before using it, California lets you deduct it on your return as a tax-paid purchase resold prior to use.
  • Florida issues an Annual Resale Certificate to registered businesses. It expires on December 31, and sellers can verify it online.

Two multistate forms exist. The Multistate Tax Commission says 36 states have indicated its Uniform Sales & Use Tax Resale Certificate can be used, and the Streamlined Sales Tax Certificate of Exemption covers its member states, with resale as one reason. Neither works in every state, and each comes with its own limits. If you buy from suppliers in other states, check which forms they accept. Don't assume your home state's form works everywhere.

Who can use one#

In general, you need to be registered with your state to collect sales tax, often called having a seller's permit or sales tax permit. Registering usually comes with ongoing duties, such as filing returns, so check what your state requires before you register just to buy tax-free, especially if you only sell on marketplaces that collect tax for you (see below).

You can use a certificate only for items you'll actually resell in the regular course of your business. If you only ever buy to resell from a supplier, Texas lets you give a blanket certificate that covers all your purchases from that seller.

What a resale certificate doesn't cover#

  • Things you keep. If you buy a pair of sneakers or a booster box for your own collection, that's not a resale purchase.
  • Things your business uses. Supplies you use up, such as shipping boxes for your own packing station or a label printer, aren't usually bought for resale.
  • Anything you're unsure about. Texas says not to use a resale certificate if there's any question whether you'll resell the item.

If you buy something tax-free and then use it, you owe the tax. Texas's own example is a broom bought for resale and then used to sweep the store: the buyer owes tax on the purchase price, or on its fair market rental value for the time it was used. California also lists using an item before resale, personal use and holding it as an investment as misuses.

Sellers have duties too. Texas says a seller should question a certificate when the buyer's business wouldn't normally resell the item, and shouldn't accept one if it has reason to believe the item isn't really for resale. So a store can turn your certificate down.

Penalties for misuse#

States treat resale certificate misuse as tax evasion. Texas lists criminal penalties by the amount of tax evaded:

Tax evadedOffense in Texas
Under $20Class C misdemeanor
$20 to under $200Class B misdemeanor
$200 to under $750Class A misdemeanor
$750 to under $20,000Third-degree felony
$20,000 or moreSecond-degree felony

You'd also owe the tax itself. Other states set their own penalties: California adds penalties and interest and can prosecute intentional misuse, and Florida has criminal and civil penalties for fraudulent use.

Buying from big retailers#

Resellers do use resale certificates at big retailers, but each store runs its own program, and the answer can be no. What the retailers' own pages say, as of October 2026:

  • Walmart: Walmart Business enrolls organizations with a valid state tax exemption or resale certificate for each state where you take possession of the goods. It says reviews usually take about five business days, and approved status works online and in stores.
  • Amazon Business: the Amazon Tax Exemption Program (ATEP) is for organizations in the US and Canada. Amazon says a sales tax permit or W-9 isn't accepted as proof. Read its enrollment terms for what qualifies.
  • Target: its help pages say tax-exempt status is for government bodies, nonprofits and similar entities, and that resale exemption certificates won't be accepted.
  • Sam's Club and other stores may have their own processes. Check their help pages before you count on it.

A certificate covers only the items you'll resell, not supplies or things you keep. Read each store's general terms too, since some limit quantities or refuse sales to resellers. Our guides to online and retail arbitrage and buying TCG products at retail cover those limits.

When you sell: marketplaces collect for you#

State laws can require large marketplaces to collect sales tax from buyers on sellers' behalf. These are often called marketplace facilitator laws. Amazon, for example, says it calculates, collects and remits state sales tax on third-party sales shipped to states with these laws.

eBay says it calculates, collects and remits sales tax on items shipped to 46 states, Washington, DC and Puerto Rico, at no charge, and that sellers in those places don't need to do anything and can't opt out.

Sales you make yourself are different. If you sell in person, through your own website or in direct deals, you may have to collect and pay sales tax yourself, depending on your state.

Why it matters for your margins#

Sales tax you pay on inventory is part of what that inventory costs you. As a simple example with our own arithmetic: at an 8% sales tax, $500 of inventory costs $540. Whether you pay that $40 or legitimately avoid it with a resale certificate changes your margin on every item.

Count it when you run your numbers in the resale profit calculator, next to the platform fees in our guide to StockX, GOAT and eBay fees. Income tax is a separate question, covered in our guide to reseller taxes and Form 1099-K.

A quick checklist#

  1. Check your state's rules on registering, forms and records.
  2. Use certificates only for real inventory, never for personal or business-use items.
  3. Keep copies of every certificate you give and every purchase it covered.
  4. Check each supplier's or retailer's rules before you buy.
  5. Ask a tax professional if you're unsure.

Selling platforms on OOSClub#

The marketplaces hub lists places to sell, with their fees, payout terms and when we last checked them.

Frequently asked questions

What is a resale certificate?

A form a registered seller gives a supplier when buying items to resell, so the supplier doesn't charge sales tax on that purchase. The certificate is the supplier's record of why it didn't collect tax. Each state sets its own form and rules.

Is a seller's permit the same as a resale certificate?

No. You usually need to be registered with the state to issue a resale certificate, but the permit itself isn't the certificate. Texas, for example, says a sales tax permit number or a copy of the permit is not a substitute for a completed resale certificate.

Can I use a resale certificate for things I'll keep?

No. A resale certificate only covers items you'll actually resell. Texas says not to use one if there's any question whether you'll resell the item, and that you owe tax if you use inventory you bought tax-free. Misuse can be a crime in some states.

Do I need to collect sales tax when I sell on eBay?

Generally not. eBay says it calculates, collects and remits sales tax for sellers on orders shipped to 46 states, Washington, DC and Puerto Rico, and that sellers can't opt out. Sales you make off-platform can be different, so check your state's rules.

Sources

  1. The Texas Comptroller says Form 01-339 is the Texas Sales and Use Tax Resale Certificate, and that a seller who accepts one in good order has evidence of why it didn't collect sales tax on a taxable item bought for resale. comptroller.texas.gov, accessed
  2. Texas says a resale certificate needs the purchaser's Texas taxpayer number, and that a sales tax permit number or a copy of the permit is not a substitute for a resale certificate. comptroller.texas.gov, accessed
  3. Texas allows a blanket resale certificate when a customer buys exclusively for resale, and says certificates can be issued for items resold in the United States or Mexico. comptroller.texas.gov, accessed
  4. Texas says sellers should question a resale certificate when the buyer's business wouldn't normally resell the item, shouldn't accept one if they have reason to believe the item isn't for resale, and must keep certificates for four years. comptroller.texas.gov, accessed
  5. Texas says buyers shouldn't use a resale certificate if there's any question whether they'll resell the item, and that a buyer who uses inventory bought tax-free owes tax on the purchase price or the fair market rental value for the period of use. comptroller.texas.gov, accessed
  6. Texas lists penalties for illegal use of a resale certificate by the amount of tax evaded: a Class C misdemeanor under $20, rising to a third-degree felony from $750 and a second-degree felony at $20,000 or more. comptroller.texas.gov, accessed
  7. eBay says it calculates, collects and remits sales tax for sellers on items shipped to 46 states, Washington, DC and Puerto Rico, at no charge, that no action is needed from sellers, and that sellers can't opt out in those states. www.ebay.com, accessed
  8. eBay's sales tax page doesn't list Delaware, Montana, New Hampshire or Oregon, and tells sellers to contact a tax professional about their own obligations. www.ebay.com, accessed
  9. California's CDTFA uses form CDTFA-230, General Resale Certificate; says certificates shouldn't be used for items used before resale, for personal use or held as an investment; and says misuse brings penalties and interest, and intentional misuse can be prosecuted. cdtfa.ca.gov, accessed
  10. California says a buyer who paid tax on items later resold before any use can deduct them as Cost of Tax-Paid Purchases Resold Prior to Use. cdtfa.ca.gov, accessed
  11. Florida issues an Annual Resale Certificate to businesses registered to collect sales tax, says the certificates expire on December 31, offers online verification for sellers, and says there are criminal and civil penalties for fraudulent use. floridarevenue.com, accessed
  12. The Multistate Tax Commission says 36 states have indicated its Uniform Sales & Use Tax Resale Certificate can be used as a resale certificate, that the form sets out its own limits, and to check with each state's revenue department. www.mtc.gov, accessed
  13. The Streamlined Sales Tax Certificate of Exemption (F0003, revised 12/21/2021) lists resale as a reason, says not all states allow every exemption on it, and says a purchaser who isn't eligible is liable for the tax and interest. www.streamlinedsalestax.org, accessed
  14. Walmart Business says tax-exempt enrollment is for organizations and needs a valid state-issued tax exemption or resale certificate for each state where you take possession, with reviews typically within five business days; approved status covers online and in-store. business.walmart.com, accessed
  15. Amazon Business says the Amazon Tax Exemption Program (ATEP) lets organizations in the US and Canada make eligible tax-exempt purchases, and that sales tax permits and W-9s are not accepted for enrollment. business.amazon.com, accessed
  16. Target's help pages say government bodies, not-for-profit organizations and similar entities can apply for tax-exempt status, and that resale exemption certificates will not be accepted. www.target.com, accessed
  17. Amazon says marketplace facilitator laws shift sales tax collection to the marketplace, and that it calculates, collects, remits and refunds state sales tax on third-party sales shipped to those states; some local taxes aren't covered. www.amazon.com, accessed