New Law Expands California’s Qualified Purchaser Program
In a move that aims to provide relief to businesses, California has revised its pre-Wayfair Qualified Purchaser Program (QPP). The program allows certain businesses to avoid the use tax registration requirements with the California Department of Tax and Fee Administration (CDTFA). The revision temporarily amends the threshold for requiring registration under the QPP, thereby allowing more businesses to benefit from this exemption. The changes come as a response to the evolving landscape of e-commerce and the need to support businesses during these challenging times.
The QPP was initially introduced to provide relief to small businesses that had limited sales in California. Under the previous regulations, businesses were required to register with the CDTFA if they made more than $100,000 in sales or had more than 200 separate transactions in the state. This threshold often posed a burden on small businesses operating across state lines.
However, with the recent changes, the threshold has been temporarily increased to $500,000 in sales or 100 separate transactions. This means that businesses that fall below these revised thresholds will be exempt from registering with the CDTFA under the QPP. The amendment is expected to provide much-needed relief to businesses that were previously burdened by the registration requirements.
The revision of the QPP comes as a result of the Supreme Court’s landmark decision in South Dakota v. Wayfair, Inc. in 2018. The ruling allowed states to require out-of-state sellers to collect and remit sales tax, even if they did not have a physical presence in the state. This decision had a significant impact on businesses operating in California, as they were now required to navigate complex tax regulations and comply with the state’s use tax registration requirements.
The temporary amendment to the QPP is a proactive step taken by California to ease the compliance burden on businesses. By raising the threshold for registration, the state aims to support small businesses and promote economic growth. The changes are expected to benefit a wide range of businesses, including online retailers, marketplace sellers, and other businesses that engage in remote sales.
The revision of the QPP will also have implications for businesses outside of California. Out-of-state sellers who exceed the revised threshold will now be required to register with the CDTFA and comply with the state’s use tax regulations. This means that businesses operating in other states will need to closely monitor their sales to California customers and ensure compliance with the new requirements.
The temporary nature of the amendment is worth noting. The revised thresholds will only be in effect until December 31, 2022. After this date, the previous thresholds of $100,000 in sales or 200 separate transactions will be reinstated. Businesses should be aware of this timeline and plan accordingly to ensure they remain compliant with the QPP.
The revision of the QPP has received positive feedback from businesses and industry experts. Many believe that the temporary amendment will provide much-needed relief to small businesses and help stimulate economic growth. However, some critics argue that the changes do not go far enough and that the thresholds should be permanently increased to better reflect the current business landscape.
In conclusion, California’s revision of the Qualified Purchaser Program is a significant development for businesses operating in the state. The temporary amendment to the registration thresholds will provide relief to businesses burdened by compliance requirements, particularly in light of the Wayfair decision. While the changes are temporary, they demonstrate the state’s commitment to supporting businesses and adapting to the evolving e-commerce landscape. As businesses navigate these changes, it is essential to stay updated on the requirements and ensure compliance with the QPP to avoid any potential penalties or legal issues.
