Recordkeeping
Hiring employees
Selling products or services
Other New York State taxes
Permits, licenses, and registrations
New York City business information
Buying all or part of a business
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Buying a business, or some or all
of the assets of an existing business
Warning: Don’t pay the seller until you contact the Tax Department.
We’ll check to see if the seller owes any taxes. If you don’t contact
us and wait for our reply, you may have to pay the seller’s
tax debts.
- At least ten days before you plan to pay for the business or any
assets of a business, or take over the business (whichever comes first),
complete and send to the Tax Department
Form
AU 196.10, Notification of Sale, Transfer, or Assignment in Bulk.
- We’ll check to see if the seller owes us any sales tax or is
under audit.
- If the seller does not owe any unpaid sales taxes and if an
additional review or audit is not necessary, we’ll send you a sales
tax release on Form AU-197.1, Purchaser’s and/or Escrow Agent’s
Release — Bulk Sale. You can go ahead and pay the seller, and
take over the business.
- If the seller owes sales tax, is scheduled for a review, or
is under audit, we’ll send you Form AU-196.2, Notice of Claim
to Purchaser. Don’t pay the seller until we notify you that
the taxes have been paid. You may wish to consult a tax professional.
- For more information or help, call the
Sales Tax Information Center,
or see TSB M 83(6)S, Guidelines
for Bulk Sales Transactions.
- At least 20 days before you acquire all or part of an existing business
that will require a sales tax Certificate of Authority, you must
apply for a new certificate. Apply
online,
or mail in a completed
Form DTF-17, Application to Register for a Sales Tax Certificate
of Authority.
- If the business you are buying includes business assets such as
furniture or office equipment, you must pay sales tax on them.
- If you’re acquiring real property (such as a deed or a lease) as
part of your business purchase, you may have to pay a real estate transfer
tax if the seller does not pay them. See the
instructions for Form TP-584, Combined Real Estate Transfer Tax
Return.
- Licenses and registrations: Most licenses and registrations held
by the previous owner can’t be transferred to you. You’ll need to apply
for new ones.
For more detailed information about starting or buying a small business,
see
Publication 20, New York State Tax Guide for New Businesses.
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