Simply being registered in the State of Wyoming does not require a business to hold a Wyoming sales/ use tax license. Only those businesses that meet the definition of a vendor are required to hold a sales/ use tax license in order to collect or remit tax.
“Vendor” means any person engaged in the business of selling at retail or wholesale tangible personal property, admissions or services which are subject to taxation under Sales tax provisions in Wyoming.
Who is an Out of State Vendor?
Business located outside the state of Wyoming may need to get a license under Wyoming sales tax law if they have physical or substantive economic presence in the State of Wyoming.
- Has a place of business like an office, warehouse in the State of Wyoming
- Has an agent operating, selling, or advertising within the State of Wyoming
- Has equipment or inventory located in the State of Wyoming
- Leases an equipment or make deliveries in the State of Wyoming
Condition for applicability of Sales tax
If the vendor’s gross revenue from the sale of tangible personal property, admissions or taxable services in Wyoming exceeds one hundred thousand dollars ($1,00,000) or if the seller makes two hundred or more separate transactions for delivery in the state in the current calendar year or immediately preceding calendar year.
Taxable Services in the State of Wyoming
Intrastate telecommunication- phone calls between two locations within Wyoming, Intrastate transportation of passengers, Furnishing gas, electricity or heat for domestic, industrial or commercial utility company.
State-wide Sales tax rate applicable is 4%, however an additional General purpose county option tax at the rate of 1%, Special purpose county option tax at the rate of 1%, Economic development county option tax at varying rates of 0.50% or 0.25% may apply in different counties.
Online training/webinar services are not subject to tax.
The State tax law in Wyoming impose taxes on certain enumerated services in W.S. 39-15-103. Professional services including those by an instructor, consultant, doctor, and accountant etc. are not subject to sales tax provided the service does not include any sales of or repairs, alterations, or improvements to tangible personal property in the scope of those services. To know more about professional services in the State of Wyoming https://drive.google.com/file/d/1INahLIuUmwdMuvULO7tM-ghDikc15txg/view
Who is a remote-seller? A seller who is out-of-state seller that has no physical presence in Wyoming.
If a remote seller is selling into multiple states
A remote seller selling into multiple states need to register through Streamlined Sales Tax to register for multiple states, including Wyoming. Upon completion of registration, remote seller will be registered to collect and remit sales and use tax in all 24 Streamlined member States. To know more about the Streamlined States and provisions please refer to https://www.streamlinedsalestax.org/
If the remote seller sells in a State which is not a member of Streamlined States, then he may need to get himself registered in that State.
When are the Sales tax return due?
Wyoming sales tax returns are due on or before the last day of the month following the last month in the reporting period.
Non-taxable items in Wyoming
Groceries, Prescribed drugs, Machinery, Raw material, Utilities & fuel, medical devices are some of the items which are exempt from application of Sales tax in the State of Wyoming.
Process to obtain Seller Permit/ license in Wyoming
After forming a company in the State of Wyoming, you can work on obtaining the seller’s permit from the Wyoming Department of Revenue. Owners of the company are eligible to apply for sales permit on their own and there is no need for assistance/ intervention by consultants/ or any third party. You are required to first contact the Department of Revenue to determine your eligibility.
Generally, you need to show either a need to collect sales tax in Wyoming or to show a physical presence here. A virtual office does not usually count. A Website selling Products/ Services will be good evidence of collecting sale tax from customers.
Brief steps to follow:
- Wyoming Sales/Use Tax License Application may be accessed and downloaded from the website: http://revenue.wyo.gov.
- On the left of the main page, locate the column titled “Home”. In the Home column find “Excise (Sales & Use) Tax Division” > Select sub category “Forms” > Select “Sales and Use Tax License Applications Forms” > Select “Sales and Use Tax License Application”.
- The application should be accompanied with a $60.00 non-refundable cheque for the Licensing fee.
Here is the link for the Wyoming Department of Revenue to apply for Sales Permit:
https://revenue.wyo.gov/divisions/excise-tax/excise-tax-forms