(B) Close its Certificate of Registration-Use Tax with the Department, and stop collecting use tax after its certificate is closed.
However, the provisions of this regulation continue to apply to a retailer that closes its Certificate of Registration-Use Tax, and a retailer should not close its certificate if it anticipates that it will be required to re-register with the Department during the current calendar year.
Example 1: Retailer D had no physical presence in California in calendar years 2018 through 2021. Retailer D's total combined sales for delivery in California exceeded $500,000 during calendar year 2018, but not in calendar years 2019, 2020, or 2021. Retailer D registered with the Department during 2019 and was required to remain registered and collect use tax during the remainder of the year. Retailer D had the option to voluntarily maintain its Certificate of Registration-Use Tax with the Department for calendar years 2020 and 2021 or close its certificate on or after January 1, 2020, and stop collecting use tax after its certificate is closed.
Example 2: Retailer E had no physical presence in California in calendar years 2018 through 2021. Retailer E's total combined sales for delivery in California exceeded $500,000 in calendar 2019, but not in calendar years 2018, 2020, or 2021. Retailer E registered with the Department during 2019 and was required to remain registered and collect use tax during the remainder of the year and all of calendar year 2020. Retailer E had the option to voluntarily maintain its Certification of Registration-Use Tax with the Department for calendar year 2021 or close its certificate on or after January 1, 2021, and stop collecting use tax after its certificate is closed.
Example 3: Retailer F had a place of business in California and used its own website to make retail sales of camping equipment. On November 1, 2019, Retailer F closed its place of business in California, moved to a new place of business in Wyoming, and no longer had any physical presence in California. However, Retailer F continued to make retail sales for delivery in California using its own website, but had less than $500,000 in total combined sales of tangible personal property for delivery in California during 2020 and 2021. Retailer F was required to remain registered and collect use tax during the remainder of calendar year 2019 and all of calendar year 2020. Retailer F had the option to voluntarily maintain its Certificate of Registration-Use Tax with the Department for calendar year 2021 or close its certificate on or after January 1, 2021, and stop collecting use tax after its certificate is closed.
Example 4: Retailer G had no physical presence in California in calendar years 2018 through 2021. Retailer G's total combined sales for delivery in California were $450,000 in calendar year 2018, $600,000 in calendar year 2019, and $490,000 in calendar year 2020, and Retailer G planned to increase its advertising in California and anticipated that the advertising would increase its sales for delivery in California. Retailer G registered with the Department during calendar year 2019 and was required to remain registered and collect use tax during the remainder of the year and all of calendar year 2020. Retailer G had the option to voluntarily maintain its Certificate of Registration-Use Tax with the Department for calendar year 2021 or close its Certificate of Registration-Use Tax on or after January 1, 2021, and stop collecting use tax after its certificate is closed. Retailer G chose to close its Certificate of Registration - Use Tax on January 1, 2021. However, Retailer G probably should not have closed its certificate because it anticipated that it would be required to re-register with the Department due to the total combined sales of tangible personal property for delivery in California by the retailer and all persons related to the retailer during calendar year 2021.