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Texas is just like any of the other 49 states where most vendors don't ever bother getting a permit before they set up and sell at flea markets.

But if you want to be legit, get the permits.

You'll need a business license and a resale or tax permit/license.

Having an actual business license will allow you to apply for small business loans and also give you certain tax benefits as well.

Having a resale/tax permit/license means the state wants you to collect the sales tax on every purchase and send it to them every three months, just like any other retail establishment (Walmart, Burger King, the local tire shop, etc.), so you'll need to find out how much to charge people. This is above and beyond your price for the item.

Contact your State Revenue Department. Do a Google search and get the info online.

Many shoppers at flea markets are put off by being charged sales tax, especially if you sell them a used item. To get around this, simply raise your prices enough to cover the sales tax and tell them tax is included if they ask about it. (Most won't.) This way you won't risk alienating your customers and many of them will buy from you again. Repeat customers are the most valuable kind.

Keep in mind that, to know exactly how much to send in to the state, you will need to record each and every sale, and without a cash register it'll be a bit of work. You may give someone a discount for buying a lot of different items at one time, you may decide to put some but not all of your items on sale, etc., so the amount of each purchase and how much tax you charge will vary greatly. It'll be hard to keep track of, and if you are writing it all down by hand and you get really busy, you won't have time to keep up with the writing, especially if you get paid in cash.

Don't tell the state, but most vendors who have resale permits simply send in enough to keep the state happy. The chance of your small business ever being audited is very slim and unless the taxman is standing there watching each and every one of your sales, they'll never know for sure exactly what you owe the state. They would take an average of every vendor at that particular flea market and say you owe this much, but everyone sells different types of merchandise and the state would be way off on their estimate. You'd most likely be overpaying if you went along with what they estimated.

Like I said, most vendors don't even bother with permits and licenses and those that do send the state enough to keep them happy. I have permits and am legit but I have never had a taxman come by my space and ask to see them and I've been selling for more than 12 years, each and every weekend of each year.

I make thousands of dollars each and every month selling at flea markets on weekends, and I always get paid in cash! It's fun, it's so easy.

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16y ago

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