| How can I get food licenses? I will be selling food I already have an LLC
do I need a seller's permit to sell plate lunches. I sell food. What type of business license do I need? I know I need a resellers permit, but do I also need a business license for the food business? We are located in TX. What type of license do we need? Do I need to get a food safety license?
Answer: Hi Sandra, you can get food licenses here online, on our site. Yes, you do need a seller's permit and a business license to sell food. The food safety license is also called a food handler's permit, which you can obtain with a short online test. Food businesses require several licenses to operate. Here's How To Sell Food, and What Licenses Are Needed For A Food Business.
The food industry is a complex, global network of diverse businesses that supplies most of the food consumed by the world's population.
For your business registration, we recommend that you obtain an LLC
and an EIN to start because you can do this with your home address if you don't already have an office. Then simply change your address.
First, after you decide on a legal structure from sole owner, LLC
or corporation, you need to obtain an LLC
, DBA, or Corporation certificate to register your business name certificate or assumed firm name "Pasteleria By Sandra," because it is legally required.
For example, if you select a partnership or sole owner, you will need to file a Doing Business As (DBA) also called an assumed business name.
Second, You will need to buy your items, food, equipment, or merchandise related to the food service from wholesalers tax-free and sell them collecting sales tax.
To legally do that, you will need to obtain a wholesale licensed seller's permit to buy and sell TX wholesale or retail. The NY state sales tax rate is curtly 6.25%.
For example, if you sell a plate of food or a sandwich for $10, you will have to charge your client $10.63. In another instance, an $100 retail purchase has a $6.25 additional charge as sales tax.
Third, you need a TX business tax registration. The tax is a gross receipt tax called a business license, and it is based on your income, employees, and location.
Finally,
If you hire workers, the NY state income tax withholding is a percentage of the employee's gross taxable wages. Amounts included in wages and subject to mandatory federal withholding are subject to mandatory withholding.
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Business Licensing Information. All food businesses need a Business License
. If you sell any merchandise, you may want to obtain a resale ID first.
Then all businesses are legally required to get a food Business License
. In addition, if you use a trade name to conduct business.
Also, keep in mind that if you decide to hire food employees, you will need to apply and get an IRS EIN and register for state employment taxes i.e., get a state identification number.
Finally, food corporate entities are more prestigious, so though you may need to register a DBA Doing Business As you may want to consider becoming a corporate or limited liability company. |
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You can choose to be a(n) Food Services :
- Sole Proprietor,
- LLC,
- Corporation or
- Partnership.
After you decide and select your business entity, you need licensing.
National City Business Tax Registration (
Business License)
All businesses including home, online or mobile BUSINESS need a BUSINESS license because they are BUSINESSES.
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A(n) Food Services business doing business under an assumed business name in
San Diego County
i.e. you are a business with a trade name other than the owner's legal (full name) name are required to get a(n)
assumed business name certificate.
E.g. you venture into a(n)
Food Services
business and you give it a trade name such as "Excellence
Food Services
& Associates". You will need to register an assumed business name certificate.
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In addition note that in
CA
you may also need a seller's permit if you sell merchandise that is taxable.
(A.K.A state id, wholesale, resale,
reseller certificate, about $39 for most states).
Seller's Permit
Note: All businesses need a federal tax ID number except sole proprietors that are not employers and are not independent contractors.
An independent contractor is a self employed business person that receives more than $600 per year from anyone of his or her clients.
IRS rule: The client must issue a 1099 form to the independent contractor and the independent contractor must have a federal tax ID.
However, even sole owners may obtain a federal ID and use it as a business tax ID instead of using their own social security number as a
business tax ID number.
However, all other licenses that apply to sole proprietors as discussed here are requited regardless of getting
a federal tax ID number.
In addition you will need a federal and a state EIN if you will hire employees.
I.e., a CA Federal Tax Id Number ($29) and a(n) CA State Employer Tax Number
Instead of filing a fictitious business name DBA Filing (about $49 plus state and legal newspaper publication fees) in
National City, Incorporate in CA or form a(n) CA LLC .
You have a choice to file a DBA or form an LLC or incorporate.
There is a cicrcumstance that you may not need to register a trade name and that is when you use your full name as a business name if you use your full legal name as a trade name.
Also note that even using your first and last name may not help you avoid filing a DBA if the name has a suffix such as "& sons" etc.
If you do form an Catering llc or incorporate (about $49 plus state fees for most states) your Food Services business instead of just filing a fictitious business name (dba),
that insurs that you don't have personal liability for debts and civile liabililty arising from your business dealings and you will not have to record the National City business name.
Instead of just registering your San Diego County assumed business name (our fee includes assumed business name registration and legal newspaper publication) you can choose to setup a corporation in
CA or form an CA LLC (starts @ $49 plus state fee for most states & includes required documents such as bylaws for the corporation and Limited Liability operating agreement for the LLC). .
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