Flea Market, Specialty Market, or Other Event Information
What is a Specialty Market?
A specialty market1 is a location, other than a permanent retail store, where space is rented to others for the purpose of selling goods at retail or offering goods for sale at retail. Examples include flea markets, fairs, and festivals.
Generally, in a specialty market the specialty market vendor directly sells the item to its customer, not the specialty market operator. If an operator facilitates sales on behalf of vendors, review the marketplace facilitator and marketplace seller information webpage for additional information.
In addition to sales and use tax, a specialty market vendor or operator may have other tax obligations. For information about vapor shows, review the frequently asked questions regarding excise tax on consumable vapor products.
Vendor Responsibilities
General Vendors
Except as noted below, every person that sells taxable items at a specialty market is required to register with the Department. In addition, the person must collect and remit the applicable rates of sales and use tax unless a specific exemption applies. This includes a person that attends a single event in this state. Failure to apply for and obtain a Certificate of Registration may result in onsite collection of sales and use taxes by the Department of Revenue.
These vendors must provide the specialty market operator their name, permanent address, and certificate of registration number. In addition, these vendors must display a copy of their certificate of registration. If the vendor has not received the certificate, they may display a copy of the confirmation page received after completing the online registration application reflecting the sales and use tax account number issued by the Department.
Vendors Selling Their Own Household Property
A person who only sells their own household personal property on which tax has been paid, is not required to obtain a Certificate of Registration or collect and remit sales and use tax.
These vendors must provide the specialty market operator their name, permanent address, and a written certification that they are only making occasional sales of personally owned household property on which tax has been paid.
Farmers Selling Products of their Farm in Their Original State
A farmer who only sells products produced by their own farm and sold in their original state are not required to obtain a Certificate of Registration or collect and remit sales and use tax.
These vendors must provide the specialty market operator either a qualifying farmer or conditional farmer exemption number or a written statement that attests the items were produced by the person and include the person’s name and permanent address.
Operator Responsibilities
A specialty market operator2 is a person, other than the state or a unit of local government, who rents space, at a location other than a permanent retail store, to others for the purpose of selling goods at retail or offering goods for sale at retail. A specialty market operator must:
- Maintain a daily registration list of all specialty market vendors selling or offering items for sale at the specialty market. The registration list must clearly and legibly show each vendor's name, permanent address, and certificate of registration number unless one of the above exceptions applies to the vendor. Each daily registration list must be maintained by the specialty market operator for at least two years. For purposes of the registration list, the exemptions in G.S. § 66-256 do not apply.
- Keep all certified written statements and other information provided by specialty market vendors. These records must be maintained for at least two years.
- Require each vendor to provide a valid Certificate of Registration for visual inspection at the time of registration unless one of the above exceptions applies to the vendor. If the vendor has not received the certificate, they may provide a copy of the confirmation page received after completing the online registration application reflecting the sales and use tax account number issued by the Department.
- Require each vendor to keep the Certificate of Registration displayed where the items are offered for sale unless one of the above exceptions applies to the vendor. If the vendor has not received the certificate, they may display a copy of the confirmation page received after completing the online registration application reflecting the sales and use tax account number issued by the Department.
If a specialty market operator charges admission, refer to the admission charge webpage for additional information.
How do I Find More Resources?
Sales and Use Tax Bulletin 30 - Flea Markets or Specialty Markets