
Sales Tax on Sale of Business Assets: Occasional Sale Exemptions in 51 Jurisdictions (2026)
- Primary data
- SMBB registry of occasional-sale and sale-of-business rules, hand-coded from official texts
- Data period
- Texts in force as read 2026-11-02; rates as of 2026-01-01
- Latest release used
- 2026-11-02
- Next release
- Quarterly re-check (next due 2027-02)
- Geography
- 50 states and the District of Columbia
- Sources
- 59 (56 Tier 1)
Sales tax on sale of business assets depends on the state. Our coding of 51 jurisdictions finds 32 states exempt furniture, fixtures and equipment sold with a business, while 12 jurisdictions tax a registered retailer's equipment (7 on clear rule text, 5 on our reading). On $100,000 of equipment, state tax in those 12 ranges from $2,900 to $7,250.
Where sales tax on sale of business assets still applies: 12 jurisdictions tax a retailer's equipment
Most states forgive tax on equipment that changes hands with a business, but 12 of the 46 jurisdictions with a sales tax do not forgive it for a registered retailer. The difference is rarely about the asset. It is about whether the seller holds a sales tax permit.
We asked one question of each jurisdiction's official text: when a business that holds a sales tax permit sells its furniture, fixtures and equipment (FF&E) as part of selling the business, is that transfer exempt from state sales or use tax? Thirty-two states answer yes, usually with conditions. Six answer yes only for sellers that are not registered retailers, which we code partial. Six answer no. New Jersey and Connecticut could not be confirmed from text we could open, and five states have no state sales tax.
Registered retailer, state base rate as of Jan. 1, 2026; $0 = exempt or no state sales tax; New Jersey and Connecticut not found
Source: state statutes, rules and revenue guidance read 2026-11-02; rates from Iowa LSA (Jan. 1, 2026); SMBB coding
The 12 jurisdictions that tax a retailer's FF&E are 26.1% of the 46 that levy a sales tax. Seven of them rest on clear text: California, Colorado, Kentucky, Maryland, New York, Oklahoma and Washington. The other five (Alabama, the District of Columbia, Michigan, South Carolina and Wyoming) required interpretation, and we list the reason for each further down.
| Coding | Jurisdictions |
|---|---|
| Exemption reaches FF&E in a business sale (yes) | 32 |
| Exemption only for sellers that are not registered retailers (partial) | 6 |
| No occasional-sale relief for FF&E (no) | 6 |
| Official text not found or not readable | 2 |
| No state general sales tax | 5 |
| Total jurisdictions coded | 51 |
45 sales-tax states, the District of Columbia and the 5 states with no state sales tax.
Source: [52] Iowa Legislative Services Agency (credits Tax Foundation)
Coded from statute, rule or revenue department text
Source: SMBB registry of 51 jurisdictions, checked 2026-11-02
Occasional (casual or isolated) sale: A sale that falls outside the seller's ordinary course of business, such as a one-time sale of used equipment. Many states exempt it; each defines it differently, and some limit it by frequency, dollar amount or the seller's permit status.
This report covers tax on the transfer itself. Whether a buyer becomes liable for the seller's unpaid sales tax is a separate set of rules, mapped in our companion report on bulk sales law by state.
California, Washington and New York tax the equipment even when the whole business changes hands
In the taxable group, the rule usually turns on the seller's registration. If the business had to hold a seller's permit, its equipment sale counts as a retail sale.
California's Regulation 1595 says that when a person sells a business required to hold a seller's permit, tax applies to the retail sale of tangible property held or used in that business. Only service enterprises get a narrow break: their first two substantial sales in 12 months are exempt occasional sales. Kentucky's KRS 139.010(28) uses the same structure: an occasional sale covers property not held or used in an activity that requires a seller's permit. Virginia's statute is worded the same way, but its Department of Taxation regulation adds the sale of all or substantially all the assets of any business as a separate category, which moves Virginia into the exemption group.
Washington's WAC 458-20-106 applies retail sales tax to all casual or isolated retail sales by a person engaged in business. New York's Tax Bulletin ST-70 puts the duty on the purchaser in a bulk sale, while excluding inventory bought for resale, real property and goodwill. Oklahoma's rule says FF&E in the sale of a business is taxable, and Colorado's guidance tells the selling retailer to collect tax on everything except inventory. Maryland caps its casual-sale exemption at sales under $1,000.
12 jurisdictions coded partial or no; state base rate only, local tax excluded
Source: SMBB coding of official texts read 2026-11-02; rates from Iowa LSA (Jan. 1, 2026)
| Jurisdiction | Coding | State rate (Jan. 1, 2026) | Tax on $100,000 of FF&E | Citation | Confidence |
|---|---|---|---|---|---|
| California | partial | 7.25% | $7,250 | Cal. Code Regs. tit. 18, 1595(a), (b)(1), (b)(2) (Rev. & Tax. Code 6006.5, 6367) | clear text |
| Washington | no | 6.50% | $6,500 | WAC 458-20-106 | clear text |
| District of Columbia | partial | 6.00% | $6,000 | D.C. Code 47-2005(7)(A) | interpretation needed |
| Kentucky | partial | 6.00% | $6,000 | KRS 139.010(28)(a) | clear text |
| Maryland | no | 6.00% | $6,000 | Md. Code, Tax-Gen. 11-209(a) to (c) | clear text |
| Michigan | partial | 6.00% | $6,000 | MCL 205.54d(i), (j); MCL 205.94 | interpretation needed |
| South Carolina | partial | 6.00% | $6,000 | S.C. Code Regs. 117-322; S.C. Code 12-36-1710 | interpretation needed |
| Oklahoma | no | 4.50% | $4,500 | Okla. Admin. Code 710:65-19-29(c) (2024 compiled rules) | clear text |
| Alabama | partial | 4.00% | $4,000 | Ala. Admin. Code r. 810-6-1-.33 (new rule eff. Jan. 14, 2022) and r. 810-6-1-.111; Revenue Ruling 01-013 | interpretation needed |
| New York | no | 4.00% | $4,000 | NY Tax Bulletin ST-70, Bulk Sales | clear text |
| Wyoming | no | 4.00% | $4,000 | Wyo. Stat. 39-15-105(a)(iv)(C) (title 39 searched) | interpretation needed |
| Colorado | no | 2.90% | $2,900 | Colorado Department of Revenue, Buying or Selling a Business; Form DR 0155 (2025) instructions | clear text |
Illustrative: state base rate times $100,000 of furniture, fixtures and equipment. Local taxes, vehicles and inventory excluded. Rates from the Iowa LSA map (Jan. 1, 2026).
Source: [5][48][33][52] California revenue agency rules (official administrative code); Washington revenue agency rules (official administrative code); New York revenue agency; Iowa Legislative Services Agency (credits Tax Foundation)
Only 10 of the 32 exemption states write the sale of a whole business into the rule
The exemption states split into three designs. Most rely on a general test about the seller's line of business; fewer name a sale of the whole company.
Ten states name the sale of a whole business or of substantially all its assets: Arizona, Florida, Georgia, Idaho, Iowa, Minnesota, Nebraska, Pennsylvania, Texas and Virginia. Texas's Tax Code 151.304(b)(2) is the plainest: the sale of the entire operating assets of a business, or of a separate division, is an occasional sale. Idaho and Iowa add that the buyer must continue the business or engage in a similar one.
Twenty states rely on a general test: the property is not the kind the seller sells, or the sale is outside the ordinary course. North Dakota's rule is the most direct of these, stating that equipment, machinery and furnishings not sold as inventory are casual sales, and that when a retail business is sold in its entirety the inventory is a sale for resale. Arkansas says the sale of noninventory assets is an isolated sale. Tennessee's January 2025 manual gives the example of a grocery selling its shelving and refrigerators tax-free.
Two states, Wisconsin and Rhode Island, exempt a retailer's assets only after the seller has stopped operating the business. Wisconsin's Publication 201 ties this to each location; Rhode Island's rule lists a bulk sale of assets as an exempt casual sale only once the retail business has ceased.
Trigger written in the text coded
Source: SMBB registry, checked 2026-11-02

Show all 32 rows
| State | What triggers the exemption | Conditions | Excluded from the exemption | Citation |
|---|---|---|---|---|
| Arizona | Sale of the whole business or substantially all assets | Sale must be of the business as an operating enterprise; a retailer cannot make a casual sale of property of the type it regularly sells | None stated in the rules opened | Ariz. Admin. Code R15-5-103, R15-5-102, R15-5-101; A.R.S. 42-5001(1) |
| Florida | Sale of the whole business or substantially all assets | Sale and transfer must be completed within 30 days of the agreement to sell the business; otherwise the occasional-sale test applies | Inventory, aircraft, boats, mobile homes, motor vehicles | Fla. Admin. Code r. 12A-1.037(2)(d) (amended eff. Dec. 29, 2025); Fla. Stat. 212.02(2) |
| Georgia | Sale of the whole business or substantially all assets | All assets of the business must be sold within 30 days of the first sale (longer only with the Commissioner's approval); a sale through an agent or broker regularly engaged in selling tangible personal property is not casual | Property held for resale | Ga. Comp. R. & Regs. 560-12-1-.07(2)(c), (3) |
| Idaho | Sale of the whole business or substantially all assets | Buyer must continue operating the business | Motor vehicles qualify only in listed cases such as family transfers | Idaho Code 63-3622K(b)(5), (c) |
| Iowa | Sale of the whole business or substantially all assets | Buyer must engage in a similar trade or business | Registered vehicles, ATVs, snowmobiles, off-road motorcycles and utility vehicles, aircraft, watercraft | Iowa Code 423.3(39)(a)(2), (b) |
| Minnesota | Sale of the whole business or substantially all assets | Single transaction or related series within 12 months; separate divisions qualify | Motor vehicles taxed under chapter 297B | Minn. Stat. 297A.68, subd. 25(a)(6), (b)(4); 297A.67, subds. 23 and 30 |
| Nebraska | Sale of the whole business or substantially all assets | Single buyer; seller paid tax on the property; seller issues Form 13 | None stated in text opened | Neb. Rev. Stat. 77-2701.24(3), 77-2704.48; Reg-1-022 (per DOR exemptions guide) |
| Pennsylvania | Sale of the whole business or substantially all assets | Inventory is not exempt as an isolated sale but may be a sale for resale | Motor vehicles, trailers, semitrailers, motor boats and similar property | 61 Pa. Code 32.4(a)(3)(ii), (iii) |
| Texas | Sale of the whole business or substantially all assets | Separate division must have separately ascertainable income and expenses | Rentals and leases | Tex. Tax Code 151.304(b)(2), (c) |
| Virginia | Sale of the whole business or substantially all assets | Not one of a series of sales requiring registration; a registered dealer selling property used in its registered activity outside a whole-business sale is taxable (the regulation's hotel beds example) | None stated in text opened | 23VAC10-210-1080(B)(3), (B)(4), (C); Va. Code 58.1-602, 58.1-609.10(2) |
| Rhode Island | Only after the seller stops operating the business | Retailer must have ceased the retail business; a retailer selling equipment used in an ongoing business is not exempt | Motor vehicles and trailers | 280-RICR-20-70-37.6(C)(7), (D) |
| Wisconsin | Only after the seller stops operating the business | Seller must have ceased operating the business at that location | Inventory of a continuing business; motor vehicles, boats, snowmobiles, recreational vehicles, trailers, ATVs, UTVs, off-highway motorcycles, aircraft | Wisconsin DOR Publication 201, Part 15 (laws as of Oct. 30, 2026); Wis. Admin. Code Tax 11.34 |
| Arkansas | General test: property not of the kind the seller sells | Inventory sold by a seller in that line of business is not an isolated sale (the resale exemption may apply) | Motor vehicles, trailers, semitrailers, mobile homes, airplanes and sales at special events | 26 CAR 30-1128 (source Ark. Code 26-52-401(17)) |
| Hawaii | General test: property not of the kind the seller sells | Selling items like the seller's inventory, or a pattern of such sales, is not casual | None stated in text opened | Haw. Admin. R. 18-237-1 (unofficial compilation as of Dec. 31, 2025) |
| Illinois | General test: property not of the kind the seller sells | Items bought for resale are not occasional; marketplace sales are never occasional | None stated in text opened | 86 Ill. Adm. Code 130.110(b), (f), (g) |
| Indiana | General test: property not of the kind the seller sells | Auctions qualify only on the owner's premises | None stated in text opened | Indiana DOR Sales Tax Information Bulletin #20 (Aug. 2024; IC 6-2.5-2-3, 45 IAC 2.2-4-33 to 35); DOR Business FAQ |
| Kansas | General test: property not of the kind the seller sells | Statute does not define when a business's sale of its assets is isolated | Motor vehicles taxed under K.S.A. 79-3603(o) | K.S.A. 79-3606(l) |
| Louisiana | General test: property not of the kind the seller sells | Statute does not address a sale of a whole business | Isolated or occasional sales of vehicles are taxable | La. R.S. 47:305(A); R.S. 47:303 (vehicles) |
| Maine | General test: property not of the kind the seller sells | A registered retailer's used property is not a casual sale if it is of like character to what the retailer sells; inventory is exempt if the buyer buys it for resale | Assets bought for resale, lease or rental | 36 M.R.S. 1752(1-D), (11)(A)(4), (11)(B)(1) |
| Massachusetts | General test: property not of the kind the seller sells | Support for the item-by-item reading is a 1984 letter ruling (LR 84-102), which binds only the requester | Motor vehicles, trailers, boats and airplanes (taxed under c. 64I) | M.G.L. c. 64H, s. 6(c); Letter Ruling 84-102 |
| Mississippi | General test: property not of the kind the seller sells | Bulk sale of inventory to a dealer is exempt, liquidation to the public is not; auctions are not isolated sales | Motor vehicles (5% casual sales tax at registration) | Miss. Admin. Code 35.IV.3.02 (revised eff. Dec. 7, 2023) |
| Missouri | General test: property not of the kind the seller sells | Replacing the equipment and selling over $3,000 a year makes the sales taxable; regular sellers of used equipment collect tax | None stated in text opened | 12 CSR 10-103.200 (Sec. of State, current through Sept. 30, 2026); RSMo 144.010.1(2) |
| Nevada | General test: property not of the kind the seller sells | No more than two sales in 12 months; a third sale makes all three taxable; sales through a consignee are taxable | None stated in text opened | Nevada Tax Notes, Issue 195 (April 2023), citing NRS 372.320 and NAC 372.160 |
| New Mexico | General test: property not of the kind the seller sells | A business that sells or leases the property and terminates does not qualify | None stated in text opened | 3.2.116.11 NMAC (replaced eff. Sept. 24, 2024); NMSA 7-9-28 |
| North Carolina | General test: property not of the kind the seller sells | Sales by a marketplace facilitator are not occasional | None stated in text opened | NCDOR Sales and Use Tax Bulletins 2-7 (Jan. 1, 2026); G.S. 105-164.3 |
| North Dakota | General test: property not of the kind the seller sells | A retailer cannot claim a casual sale for property similar to what it sells | None stated in text opened | N.D. Admin. Code 81-04.1-01-16 |
| Ohio | General test: property not of the kind the seller sells | Text does not name business sellers | Titled motor vehicles, watercraft, outboard motors, snowmobiles, all-purpose vehicles | Ohio Rev. Code 5739.02(B)(8), 5739.01(L) |
| South Dakota | General test: property not of the kind the seller sells | No text addresses a sale of a whole business or the buyer's use tax | None stated in text opened | SDCL 10-45-1(11) |
| Tennessee | General test: property not of the kind the seller sells | Letter Ruling 00-47 (2000) applied the exemption to furniture, fixtures and equipment | Motor vehicles, aircraft and vessels (Letter Ruling 00-47); inventory goes under a resale certificate | Tenn. DOR Industry-Specific Tax Manual: Auctioneers and Consignees (Jan. 2025); Letter Ruling 00-47 |
| Utah | General test: property not of the kind the seller sells | Not if part of a series showing regular selling or the seller holds itself out as selling that type | Vehicles and vessels required to be titled or registered | Utah Code 59-12-104(13) (version eff. July 1, 2026) |
| Vermont | General test: property not of the kind the seller sells | None stated | Aircraft, snowmobiles, all-terrain vehicles, motorboats and vessels of 16 feet or more | 32 V.S.A. 9741(4), 9701(12) |
| West Virginia | General test: property not of the kind the seller sells | None stated | None stated in text opened | W. Va. Code 11-15-9(a)(7) |
Conditions and exclusions as written in the text opened; 'None stated' means the text read did not list one, not that none exists.
Source: [44][10][24][50][40][14] Texas legislature (official code); Florida revenue agency rules (official administrative code); Minnesota legislature (official code); Wisconsin revenue agency; Rhode Island revenue agency rules (official administrative code); Illinois revenue agency rules (official administrative code)
Thirty days, one buyer, a closed location: the conditions that decide whether the exemption holds
An exemption on paper can be lost on timing or structure. These are the conditions written into the texts we read.
- Timing: Florida requires the sale and transfer of business assets to be completed within 30 days of the agreement; Georgia requires all assets to be sold within 30 days of the first sale; Minnesota allows a related series of sales within 12 months.
- Buyer: Idaho requires a buyer who continues the business; Iowa a buyer who will engage in a similar business; Nebraska a single buyer of all or substantially all the property, with sales or use tax previously paid by the seller.
- Seller status: Wisconsin and Rhode Island require the seller to have stopped operating; Nevada's April 2023 guidance allows no more than 2 sales in 12 months, after which every sale in the series is taxable.
- Who conducts the sale: Georgia says a sale through an agent or broker regularly engaged in selling tangible property is not a casual sale, and Mississippi says auction sales are not isolated sales.
- Replacement: Missouri's rule taxes used fixtures sold for more than $3,000 a year when the business replaces them, but not when it is liquidating.
Several of these conditions sit in rules or guidance rather than statutes, and an agency can change them faster than a legislature. That is one reason the registry records the source type and the date each text was read.
Inventory moves tax-free through the resale route, and 16 exemption states carve out vehicles
Two asset classes behave differently from FF&E almost everywhere: stock held for resale and titled vehicles.
Inventory is usually not covered by the occasional-sale exemption at all. Pennsylvania's rule says inventory in the sale of an entire business is not exempt as an isolated sale but may be exempt as a sale for resale. North Dakota treats inventory in the sale of an entire retail business as sold for resale. New York and Colorado also exclude resale inventory from the tax. In practice the buyer gives the seller a resale certificate.
Vehicles are the most common carve-out. Of the 32 exemption states, 16 write an exclusion for motor vehicles or other titled property into the text we read, including Florida, Iowa, Kansas, Ohio, Pennsylvania and Utah. Mississippi applies a 5% casual sales tax to motor vehicles transferred by non-dealers. Other states tax vehicles at titling under separate chapters we did not code.
Resale certificate: A form the buyer gives the seller stating that goods are bought to be resold. It lets inventory change hands without sales tax; the tax is collected later when the buyer sells to customers.
The 2026 state rates behind the worked example, and the D.C. increase that was postponed
State rates set the size of the bill where FF&E is taxable. We used one compilation for all 51 jurisdictions and cross-checked seven against revenue department text.
The Iowa Legislative Services Agency's map of state general sales tax rates as of January 1, 2026 puts the national average at 5.09% and the median at 6.00%. We cross-checked New York (4%), Kentucky (6 percent), Virginia (5.3%), the District of Columbia (6%), North Carolina (4.75%), Missouri (4.225 percent) and South Dakota (4.2%) against revenue department or rule text; each matched the map after rounding.
The District of Columbia's Office of Tax and Revenue says the planned increase to 7% has been postponed and the general rate stays 6% through September 30, 2027. Hawaii's 4.00% is a general excise tax charged to the seller, and New Mexico's 4.88% is a gross receipts tax; both are counted as sales taxes here.
Show all 51 rows
| Jurisdiction | State rate, Jan. 1, 2026 (LSA map) | FF&E coding | Revenue department cross-check |
|---|---|---|---|
| Alabama | 4.00% | partial | |
| Alaska | 0.00% | no sales tax | |
| Arizona | 5.60% | yes | |
| Arkansas | 6.50% | yes | |
| California | 7.25% | partial | |
| Colorado | 2.90% | no | |
| Connecticut | 6.35% | not found | |
| Delaware | 0.00% | no sales tax | |
| District of Columbia | 6.00% | partial | 6% through Sept. 30, 2027 (increase to 7% postponed) |
| Florida | 6.00% | yes | |
| Georgia | 4.00% | yes | |
| Hawaii | 4.00% | yes | |
| Idaho | 6.00% | yes | |
| Illinois | 6.25% | yes | |
| Indiana | 7.00% | yes | |
| Iowa | 6.00% | yes | |
| Kansas | 6.50% | yes | |
| Kentucky | 6.00% | partial | 6 percent |
| Louisiana | 5.00% | yes | |
| Maine | 5.50% | yes | |
| Maryland | 6.00% | no | |
| Massachusetts | 6.25% | yes | |
| Michigan | 6.00% | partial | |
| Minnesota | 6.88% | yes | |
| Mississippi | 7.00% | yes | |
| Missouri | 4.23% | yes | 4.225 percent |
| Montana | 0.00% | no sales tax | |
| Nebraska | 5.50% | yes | |
| Nevada | 6.85% | yes | |
| New Hampshire | 0.00% | no sales tax | |
| New Jersey | 6.63% | not found | |
| New Mexico | 4.88% | yes | |
| New York | 4.00% | no | 4% |
| North Carolina | 4.75% | yes | 4.75% |
| North Dakota | 5.00% | yes | |
| Ohio | 5.75% | yes | |
| Oklahoma | 4.50% | no | |
| Oregon | 0.00% | no sales tax | |
| Pennsylvania | 6.00% | yes | |
| Rhode Island | 7.00% | yes | |
| South Carolina | 6.00% | partial | |
| South Dakota | 4.20% | yes | 4.2% |
| Tennessee | 7.00% | yes | |
| Texas | 6.25% | yes | |
| Utah | 6.10% | yes | |
| Vermont | 6.00% | yes | |
| Virginia | 5.30% | yes | 5.3% (state plus statewide local, outside regional add-on areas) |
| Washington | 6.50% | no | |
| West Virginia | 6.00% | yes | |
| Wisconsin | 5.00% | yes | |
| Wyoming | 4.00% | no |
LSA map rounds to two decimals (Minnesota 6.88, New Jersey 6.63, Missouri 4.23, New Mexico 4.88). California, Utah and Virginia figures include statewide local portions.
Source: [52][53][54][55][56] Iowa Legislative Services Agency (credits Tax Foundation); New York State Department of Taxation and Finance; Kentucky Department of Revenue; Virginia Tax; D.C. Office of Tax and Revenue
| Jurisdiction | Date | What changed or was reissued | Source |
|---|---|---|---|
| Florida | 2025-12-29 | Rule 12A-1.037 amended; the 30-day window for an isolated sale of business assets sits in (2)(d) | Fla. Admin. Code r. 12A-1.037 |
| New Mexico | 2024-09-24 | 3.2.116 NMAC repealed and replaced; .11 limits the exemption to sellers not in the business of selling the same or similar property | 3.2.116 NMAC |
| District of Columbia | 2026-11-02 | OTR notice: increase in the general rate to 7% postponed; rate stays 6% through Sept. 30, 2027 | OTR home page |
| Wisconsin | 2026-10-30 | Publication 201 restates the business-asset rule for laws enacted as of this date | Wisconsin DOR Publication 201, Part 15 |
| North Carolina | 2026-01-01 | Sales and Use Tax Bulletins edition with section 2-7 on occasional and isolated sales | NCDOR SUTB 2-7 |
| Utah | 2026-07-01 | Current version of 59-12-104 in force; subsection (13) read in this version | Utah Code 59-12-104(13) |
| Tennessee | 2025-01 | Auctioneers and Consignees manual published January 2025 with the shelving-and-refrigerators example | Tenn. DOR manual |
| Indiana | 2024-08 | Sales Tax Information Bulletin #20 reissued August 2024 | Indiana DOR SIB #20 |
Dates are the effective, publication or as-of dates printed on each source.
Source: [10][32][56][50][34] Florida revenue agency rules (official administrative code); New Mexico revenue agency rules (official administrative code); D.C. Office of Tax and Revenue; Wisconsin revenue agency; North Carolina revenue agency

Fourteen rows rest on interpretation or missing text: what to confirm with the agency
We coded 37 rows from clear text, 12 needed interpretation and 2 were not found. These are the ones to check first.
- Not found: New Jersey. The bulk sale FAQ and Form C-9600 ask for the price of furniture, fixtures and equipment but do not say whether that part is taxable.
- Not found: Connecticut. The statute has no general casual-sale exemption and the rule (RCSA 12-426-17) sits on a portal we could not read.
- Partial by interpretation: the District of Columbia and South Carolina exempt casual sales only by sellers not regularly engaged in retail selling; Alabama ties its exemption to sales disassociated from any retail business. Massachusetts has the same wording as D.C., but a 1984 Department of Revenue letter ruling (LR 84-102) read it item by item, so we coded Massachusetts yes.
- Partial by interpretation: Michigan exempts sales outside the ordinary course from sales tax, but the use tax exemption list we read has no matching item.
- No by interpretation: Wyoming's sales tax title has an occasional-sale exemption only for religious and charitable groups.
- Yes by interpretation: Kansas, Indiana, Louisiana, New Mexico, Ohio and South Dakota have a general isolated-sale exemption without text on a sale of a whole business.
Sales tax on FF&E in a business asset sale, 51 jurisdictions
Checked quarterly. Last checked 2026-11-02. Entries are neutral records of public data; each links to its source record.
| Jurisdiction | Rule as coded from the official text | Date | Evidence | Source |
|---|---|---|---|---|
| Alabama | FF&E exemption in a business sale: partial. Sale of used property by a person engaged in the business of selling is taxable; a casual or isolated sale by a person not engaged in the business of selling is not reported; an occasional sale must be completely disassociated from any retail business of the seller. Excluded: Casual sales of automotive vehicles, motorboats, trailers, semitrailers, travel trailers and manufactured homes are taxable. Citation: Ala. Admin. Code r. 810-6-1-.33 (new rule eff. Jan. 14, 2022) and r. 810-6-1-.111; Revenue Ruling 01-013. Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| Alaska | FF&E exemption in a business sale: no sales tax. The State of Alaska does not levy a sales tax; several municipalities do. Citation: Alaska Office of the State Assessor, Alaska Sales Tax Information. Confidence: clear text. | 2026-11-02 | agency record (archived copy) | Record |
| Arizona | FF&E exemption in a business sale: yes. Gross receipts from the sale of a business as a going concern are not taxable if the sale is for the business as an operating enterprise; casual sales, including used capital assets, are not taxable. Excluded: None stated in the rules opened. Citation: Ariz. Admin. Code R15-5-103, R15-5-102, R15-5-101; A.R.S. 42-5001(1). Confidence: clear text. | 2026-11-02 | agency record (archived copy) | Record |
| Arkansas | FF&E exemption in a business sale: yes. Isolated sales not made by an established business in an established manner are exempt; the rule states that the sale of noninventory assets is considered an isolated sale. Excluded: Motor vehicles, trailers, semitrailers, mobile homes, airplanes and sales at special events. Citation: 26 CAR 30-1128 (source Ark. Code 26-52-401(17)). Confidence: clear text. | 2026-11-02 | agency record | Record |
| California | FF&E exemption in a business sale: partial. When a business that must hold a seller's permit is sold, tax applies to the retail sale of tangible personal property held or used in the activities requiring the permit; non-service businesses' asset sales are taxable. Excluded: Vehicles, vessels and aircraft follow Regulation 1610. Citation: Cal. Code Regs. tit. 18, 1595(a), (b)(1), (b)(2) (Rev. & Tax. Code 6006.5, 6367). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Colorado | FF&E exemption in a business sale: no. A retailer selling its business must collect sales tax on tangible personal property other than inventory transferred to the purchaser; Form DR 0155 reports tax on furniture, fixtures and equipment; buyers of non-retail businesses owe use tax. Citation: Colorado Department of Revenue, Buying or Selling a Business; Form DR 0155 (2025) instructions. Confidence: clear text. | 2026-11-02 | agency record (archived copy) | Record |
| Connecticut | FF&E exemption in a business sale: not found. Chapter 219 contains no general casual-sale exemption; the rule (RCSA 12-426-17) sits on a script-only portal. Excluded: Conn. Gen. Stat. 12-431 taxes casual sales of motor vehicles, vessels, snowmobiles and aircraft. Citation: Conn. Gen. Stat. ch. 219 (searched); RCSA 12-426-17 (not readable). Confidence: not found. | 2026-11-02 | agency record | Record |
| Delaware | FF&E exemption in a business sale: no sales tax. State general sales tax rate 0.00%; Delaware levies a gross receipts tax on the seller, not a sales tax on the consumer. Citation: Iowa Legislative Services Agency, State General Sales Tax Rates as of January 1, 2026; Delaware Division of Revenue, Gross Receipts Tax FAQs. Confidence: clear text. | 2026-11-02 | agency record | Record |
| District of Columbia | FF&E exemption in a business sale: partial. Casual and isolated sales by a vendor who is not regularly engaged in the business of making sales at retail are exempt. Citation: D.C. Code 47-2005(7)(A). Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| Florida | FF&E exemption in a business sale: yes. The sale of business assets with the sale of the business, other than inventory and aircraft, boats, mobile homes and motor vehicles, is an exempt isolated sale. Excluded: Inventory, aircraft, boats, mobile homes, motor vehicles. Citation: Fla. Admin. Code r. 12A-1.037(2)(d) (amended eff. Dec. 29, 2025); Fla. Stat. 212.02(2). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Georgia | FF&E exemption in a business sale: yes. A sale of property held for use in the business (not for resale) made in a complete and bona fide liquidation of a business is a casual sale. Excluded: Property held for resale. Citation: Ga. Comp. R. & Regs. 560-12-1-.07(2)(c), (3). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Hawaii | FF&E exemption in a business sale: yes. Casual sales of property not ordinarily sold in the usual course of business are not engaging in business; the rule's example treats a cannery that discontinues operations and sells most of its equipment as not subject to general excise tax. Citation: Haw. Admin. R. 18-237-1 (unofficial compilation as of Dec. 31, 2025). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Idaho | FF&E exemption in a business sale: yes. An occasional sale includes the sale of substantially all of the operating assets of a business or of a separate division to a buyer who continues operation of the business. Excluded: Motor vehicles qualify only in listed cases such as family transfers. Citation: Idaho Code 63-3622K(b)(5), (c). Confidence: clear text. | 2026-11-02 | agency record (archived copy) | Record |
| Illinois | FF&E exemption in a business sale: yes. A retailer selling machinery or other capital assets used in its business that it does not otherwise sell incurs no Retailers' Occupation Tax, even across many such sales. Citation: 86 Ill. Adm. Code 130.110(b), (f), (g). Confidence: clear text. | 2026-11-02 | agency record (archived copy) | Record |
| Indiana | FF&E exemption in a business sale: yes. Casual sales are sales by a seller who infrequently sells items it did not buy for resale; the department's FAQ applies the exemption when the seller is not in the business of selling the merchandise and original sales or use tax was paid. Citation: Indiana DOR Sales Tax Information Bulletin #20 (Aug. 2024; IC 6-2.5-2-3, 45 IAC 2.2-4-33 to 35); DOR Business FAQ. Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| Iowa | FF&E exemption in a business sale: yes. A casual sale includes the sale of all or substantially all tangible personal property held or used by a permit holder when the business is transferred to a person who will engage in a similar trade or business. Excluded: Registered vehicles, ATVs, snowmobiles, off-road motorcycles and utility vehicles, aircraft, watercraft. Citation: Iowa Code 423.3(39)(a)(2), (b). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Kansas | FF&E exemption in a business sale: yes. All isolated or occasional sales of tangible personal property are exempt. Excluded: Motor vehicles taxed under K.S.A. 79-3603(o). Citation: K.S.A. 79-3606(l). Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| Kentucky | FF&E exemption in a business sale: partial. An occasional sale covers property not held or used in an activity requiring a seller's permit, or a transfer of substantially all property where ownership stays substantially the same. Citation: KRS 139.010(28)(a). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Louisiana | FF&E exemption in a business sale: yes. Isolated or occasional sales of tangible personal property by a person not engaged in such business are exempt from the sales and use tax of all taxing authorities. Excluded: Isolated or occasional sales of vehicles are taxable. Citation: La. R.S. 47:305(A); R.S. 47:303 (vehicles). Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| Maine | FF&E exemption in a business sale: yes. Retail sale excludes any casual sale; the sale or liquidation of a business is a retail sale only to the extent the seller bought the assets for resale, lease or rental. Excluded: Assets bought for resale, lease or rental. Citation: 36 M.R.S. 1752(1-D), (11)(A)(4), (11)(B)(1). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Maryland | FF&E exemption in a business sale: no. The casual and isolated sale exemption applies only if the seller regularly does not sell tangible personal property and the sale price is less than $1,000; other relief covers only liquidating distributions to owners and reorganizations. Citation: Md. Code, Tax-Gen. 11-209(a) to (c). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Massachusetts | FF&E exemption in a business sale: yes. Casual and isolated sales by a vendor who is not regularly engaged in the business of making sales at retail are exempt; the Department of Revenue applied this item by item, treating a company's sale of office furniture and fixtures it does not sell at retail as a casual and isolated sale. Excluded: Motor vehicles, trailers, boats and airplanes (taxed under c. 64I). Citation: M.G.L. c. 64H, s. 6(c); Letter Ruling 84-102. Confidence: interpretation needed. | 2026-11-02 | agency record (archived copy) | Record |
| Michigan | FF&E exemption in a business sale: partial. Sales tax does not apply to a sale made outside the ordinary course of the seller's business; the use tax exemption list opened has no matching exemption. Citation: MCL 205.54d(i), (j); MCL 205.94. Confidence: interpretation needed. | 2026-11-02 | agency record (archived copy) | Record |
| Minnesota | FF&E exemption in a business sale: yes. The general occasional-sale exemption excludes business property, but a separate exemption covers the sale of substantially all of the assets of a trade or business. Excluded: Motor vehicles taxed under chapter 297B. Citation: Minn. Stat. 297A.68, subd. 25(a)(6), (b)(4); 297A.67, subds. 23 and 30. Confidence: clear text. | 2026-11-02 | agency record | Record |
| Mississippi | FF&E exemption in a business sale: yes. Isolated or occasional sales by persons not regularly engaged in business are not taxable; used equipment sold as a disposal of capital assets the seller does not offer in its regular course is a casual sale. Excluded: Motor vehicles (5% casual sales tax at registration). Citation: Miss. Admin. Code 35.IV.3.02 (revised eff. Dec. 7, 2023). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Missouri | FF&E exemption in a business sale: yes. Sales in a partial or complete liquidation of a nonbusiness enterprise are not taxable; the rule's example treats a grocery selling registers and fixtures it does not replace as not taxable. Citation: 12 CSR 10-103.200 (Sec. of State, current through Sept. 30, 2026); RSMo 144.010.1(2). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Montana | FF&E exemption in a business sale: no sales tax. State general sales tax rate 0.00%. Citation: Iowa Legislative Services Agency, State General Sales Tax Rates as of January 1, 2026. Confidence: clear text. | 2026-11-02 | agency record | Record |
| Nebraska | FF&E exemption in a business sale: yes. A sale to a single buyer of all or substantially all of the property of a trade or business is exempt if the seller previously paid sales or use tax on the property. Citation: Neb. Rev. Stat. 77-2701.24(3), 77-2704.48; Reg-1-022 (per DOR exemptions guide). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Nevada | FF&E exemption in a business sale: yes. The solitary sale of a business and/or its assets may qualify as an occasional sale; the department's example treats an owner selling the company with all its assets as exempt. Citation: Nevada Tax Notes, Issue 195 (April 2023), citing NRS 372.320 and NAC 372.160. Confidence: clear text. | 2026-11-02 | agency record | Record |
| New Hampshire | FF&E exemption in a business sale: no sales tax. State general sales tax rate 0.00%. Citation: Iowa Legislative Services Agency, State General Sales Tax Rates as of January 1, 2026. Confidence: clear text. | 2026-11-02 | agency record | Record |
| New Jersey | FF&E exemption in a business sale: not found. Bulk sale FAQ and Form C-9600 (which asks for the price of furniture, fixtures and equipment) do not state whether that portion is taxable. Citation: N.J.S.A. 54:50-38 bulk sale notice (searched); Form C-9600. Confidence: not found. | 2026-11-02 | agency record | Record |
| New Mexico | FF&E exemption in a business sale: yes. Receipts from an isolated or occasional sale are exempt only when the seller is not in the business of selling or leasing the same or similar property. Citation: 3.2.116.11 NMAC (replaced eff. Sept. 24, 2024); NMSA 7-9-28. Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| New York | FF&E exemption in a business sale: no. A purchaser in a bulk sale is responsible for paying the sales tax due on tangible personal property purchased; inventory for resale, real property and goodwill are not taxed. Citation: NY Tax Bulletin ST-70, Bulk Sales. Confidence: clear text. | 2026-11-02 | agency record | Record |
| North Carolina | FF&E exemption in a business sale: yes. An occasional or isolated sale, an item not of or similar to the type the seller is in business of selling, is not subject to sales and use tax. Citation: NCDOR Sales and Use Tax Bulletins 2-7 (Jan. 1, 2026); G.S. 105-164.3. Confidence: clear text. | 2026-11-02 | agency record | Record |
| North Dakota | FF&E exemption in a business sale: yes. The sale of capital assets such as equipment, machinery and furnishings not sold as inventory is a casual sale; when a retail business is sold in its entirety, inventory is a sale for resale and other assets are casual sales. Citation: N.D. Admin. Code 81-04.1-01-16. Confidence: clear text. | 2026-11-02 | agency record | Record |
| Ohio | FF&E exemption in a business sale: yes. Casual sales are exempt; a casual sale is the sale of an item the seller obtained for its own use that was previously subject to a state's tax. Excluded: Titled motor vehicles, watercraft, outboard motors, snowmobiles, all-purpose vehicles. Citation: Ohio Rev. Code 5739.02(B)(8), 5739.01(L). Confidence: interpretation needed. | 2026-11-02 | agency record (archived copy) | Record |
| Oklahoma | FF&E exemption in a business sale: no. Furniture, fixtures and equipment included in the sale of a business are taxable, even if included in a bulk sale of real property. Citation: Okla. Admin. Code 710:65-19-29(c) (2024 compiled rules). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Oregon | FF&E exemption in a business sale: no sales tax. Oregon does not have a general sales or use tax. Citation: Oregon Department of Revenue, Sales Tax in Oregon. Confidence: clear text. | 2026-11-02 | agency record | Record |
| Pennsylvania | FF&E exemption in a business sale: yes. The sale of an entire business by its owner is an isolated sale; so is a business's sale of used machinery, fixtures and equipment it does not sell in its regular course. Excluded: Motor vehicles, trailers, semitrailers, motor boats and similar property. Citation: 61 Pa. Code 32.4(a)(3)(ii), (iii). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Rhode Island | FF&E exemption in a business sale: yes. A bulk sale of assets is an exempt casual sale; for a retailer, the sale must occur after the retail business for which it held a permit has ceased. Excluded: Motor vehicles and trailers. Citation: 280-RICR-20-70-37.6(C)(7), (D). Confidence: clear text. | 2026-11-02 | agency record | Record |
| South Carolina | FF&E exemption in a business sale: partial. Casual or isolated sales by persons not engaged in the business of selling tangible personal property at retail are not taxable. Excluded: Titled vehicles, boats, motors and airplanes carry a separate casual excise tax. Citation: S.C. Code Regs. 117-322; S.C. Code 12-36-1710. Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| South Dakota | FF&E exemption in a business sale: yes. An isolated or occasional sale of tangible personal property by a person who does not hold itself out as selling such property does not make the person a retailer. Citation: SDCL 10-45-1(11). Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
| Tennessee | FF&E exemption in a business sale: yes. Business excludes occasional and isolated sales by someone who does not regularly sell such property; the department's example: a grocery selling shelving and refrigerators makes exempt sales. Excluded: Motor vehicles, aircraft and vessels (Letter Ruling 00-47); inventory goes under a resale certificate. Citation: Tenn. DOR Industry-Specific Tax Manual: Auctioneers and Consignees (Jan. 2025); Letter Ruling 00-47. Confidence: clear text. | 2026-11-02 | agency record | Record |
| Texas | FF&E exemption in a business sale: yes. An occasional sale includes the sale of the entire operating assets of a business or of a separate division, branch or identifiable segment. Excluded: Rentals and leases. Citation: Tex. Tax Code 151.304(b)(2), (c). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Utah | FF&E exemption in a business sale: yes. A sale by a person not regularly engaged in the business of selling that type of property is exempt, regardless of the number of transactions. Excluded: Vehicles and vessels required to be titled or registered. Citation: Utah Code 59-12-104(13) (version eff. July 1, 2026). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Vermont | FF&E exemption in a business sale: yes. Casual sales are exempt; a casual sale is an isolated sale by a person not regularly engaged in selling that general type of property, of property obtained for its own use. Excluded: Aircraft, snowmobiles, all-terrain vehicles, motorboats and vessels of 16 feet or more. Citation: 32 V.S.A. 9741(4), 9701(12). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Virginia | FF&E exemption in a business sale: yes. An occasional sale includes the sale or exchange of all or substantially all the assets of any business and the reorganization or liquidation of any business; the buyer in an occasional sale owes no use tax. Citation: 23VAC10-210-1080(B)(3), (B)(4), (C); Va. Code 58.1-602, 58.1-609.10(2). Confidence: clear text. | 2026-11-02 | agency record | Record |
| Washington | FF&E exemption in a business sale: no. Retail sales tax applies to all casual or isolated retail sales made by a person engaged in business (required to register); only transfers that adjust beneficial interest escape. Citation: WAC 458-20-106. Confidence: clear text. | 2026-11-02 | agency record | Record |
| West Virginia | FF&E exemption in a business sale: yes. An isolated transaction by the owner, not made in the ordinary course of repeated and successive transactions of like character, is exempt. Citation: W. Va. Code 11-15-9(a)(7). Confidence: clear text. | 2026-11-02 | agency record (archived copy) | Record |
| Wisconsin | FF&E exemption in a business sale: yes. A permit holder's sale of business assets is taxable unless the assets (other than inventory) were used by the seller at a location and the sale occurs after the seller ceased operating the business there. Excluded: Inventory of a continuing business; motor vehicles, boats, snowmobiles, recreational vehicles, trailers, ATVs, UTVs, off-highway motorcycles, aircraft. Citation: Wisconsin DOR Publication 201, Part 15 (laws as of Oct. 30, 2026); Wis. Admin. Code Tax 11.34. Confidence: clear text. | 2026-11-02 | agency record | Record |
| Wyoming | FF&E exemption in a business sale: no. The only occasional-sale exemption in the sales tax title covers religious or charitable organizations; no general occasional or business-sale exemption was found. Citation: Wyo. Stat. 39-15-105(a)(iv)(C) (title 39 searched). Confidence: interpretation needed. | 2026-11-02 | agency record | Record |
State-by-state findings
- California taxes a seller's permit holder on the retail sale of tangible property used in the business when the business is sold; only service enterprises get the first two sales in 12 months tax-free (Cal. Code Regs. tit. 18, 1595, read 2026-11-02).[5]
- Washington applies retail sales tax to all casual or isolated retail sales by a person engaged in business, so a registered business pays tax on its equipment when it sells out (WAC 458-20-106, read 2026-11-02).[48]
- In New York, the purchaser in a bulk sale must pay sales tax on tangible personal property acquired, but not on inventory bought for resale, real property or goodwill (Tax Bulletin ST-70, read 2026-11-02).[33]
- Oklahoma's rule states that furniture, fixtures and equipment included in the sale of a business are taxable, even inside a bulk sale of real property (OAC 710:65-19-29(c), 2024 compiled rules).[37]
- Maryland's casual-sale exemption only covers sales under $1,000 by someone who regularly does not sell tangible property (Tax-General 11-209(a), read 2026-11-02).[21]
- Colorado requires a retailer selling its business to collect sales tax on all tangible property other than inventory, reported on Form DR 0155 (Colorado DOR guidance, archived copy read 2026-11-02).[6]
- Texas treats the sale of the entire operating assets of a business, or of a separate division, as an exempt occasional sale (Tax Code 151.304(b)(2)).[44]
- Minnesota's general occasional-sale exemption excludes business property, but a separate exemption covers the sale of substantially all assets of a trade or business within 12 months (Minn. Stat. 297A.68, subd. 25).[24]
- Florida exempts business assets other than inventory, aircraft, boats, mobile homes and motor vehicles when the sale of the business is completed within 30 days of the agreement (Rule 12A-1.037(2)(d), amended 2025-12-29).[10]
- Georgia's casual-sale rule covers a complete liquidation only if all assets are sold within 30 days, and a sale through a broker regularly engaged in selling tangible property is not a casual sale (Rule 560-12-1-.07).[11]
- Wisconsin and Rhode Island exempt a retailer's business assets only after the seller has stopped operating the business (Wisconsin Publication 201, Part 15; 280-RICR-20-70-37).[50][40]
- Kentucky defines an occasional sale to exclude property used in an activity that requires a seller's permit, so a permit holder's equipment is taxable when sold to an unrelated buyer (KRS 139.010(28), read 2026-11-02).[18]
- Virginia's statute reads as if only unregistered sellers qualify, but the Department of Taxation regulation lists the sale of all or substantially all the assets of any business as an occasional sale and frees the buyer from use tax (23VAC10-210-1080).[47]
- Across the 12 taxable jurisdictions, state tax on an illustrative $100,000 of FF&E has a median of $6,000 and a mean of $5,262.50 at January 1, 2026 rates (SMBB calculation; rates from Iowa LSA).[52]
Rankings and ratios we derived
Jurisdictions where a registered retailer's FF&E is taxable
Formulacount of registry rows coded partial or no
Inputs: registry rows 1 to 51 (fact sheet rows 1 to 51) (fact sheet rows)
Result: 12 jurisdictions (7 from clear text); 26.1% of 46 sales-tax jurisdictions
Commonly cited lists name four states with no occasional-sale exemption. The number that matters to a retailer selling its business is larger, because 6 jurisdictions exempt only sellers that are not registered retailers.
Limitations: 5 of the 12 rows required interpretation; New Jersey and Connecticut were not found and sit in the denominator.
Exemption trigger types
Formulacount of yes rows by trigger (whole business, ceased operations, not-your-line test)
Inputs: registry yes rows (fact sheet rows)
Result: 10 whole business, 2 ceased operations, 20 general test
Sellers in the 20 general-test states depend on how the agency reads 'not the kind the seller sells'; the 10 whole-business states give a clearer path for a going-concern sale.
Limitations: Trigger coded from the text opened; agencies may apply other guidance.
Worked example: state tax on $100,000 of FF&E
Formula100000 x state rate / 100, for the 12 taxable jurisdictions
Inputs: d1 rows; Iowa LSA rates (fact sheet rows 52 to 102) (fact sheet rows)
Result: Median $6,000; mean $5,262.50; range $2,900 (Colorado) to $7,250 (California); 7 jurisdictions at $6,000 or more
Illustrative only. In the taxable group, a typical equipment allocation of this size carries a state tax bill of several thousand dollars that the parties should price into the deal.
Limitations: State base rate only; local taxes, vehicles, inventory and other exemptions excluded.
Vehicle carve-outs in exemption states
Formulacount of yes rows whose text opened excludes motor vehicles or other titled property
Inputs: registry yes rows (fact sheet rows)
Result: 16 of 32
Vehicles sold with a business are often taxed even where the rest of the equipment is exempt.
Limitations: Counts only exclusions written in the text read; vehicles may be taxed elsewhere at titling.
Executive summary
- We coded 51 jurisdictions from statute, administrative rule or revenue department text read on 2026-11-02: 32 exempt equipment sold with a business, 6 exempt only sellers that are not registered retailers, 6 tax it, 2 could not be confirmed and 5 have no state sales tax.
- 12 jurisdictions tax a registered retailer's furniture, fixtures and equipment (FF&E) in an asset sale, 26.1% of the 46 jurisdictions with a sales tax. Seven of the 12 rest on clear text: California, Colorado, Kentucky, Maryland, New York, Oklahoma and Washington.
- Practitioner articles commonly list four states with no occasional-sale exemption (Colorado, New York, Oklahoma, Wyoming). Counting where a retailer's equipment is actually taxed gives 8 more jurisdictions, because several exemptions exclude anyone who holds a sales tax permit.
- Only 10 of the 32 exemption states name the sale of a whole business or substantially all assets in the rule. 20 rely on a general test that the property is not the kind the seller sells, and 2 (Wisconsin, Rhode Island) require the seller to stop operating first.
- On an illustrative $100,000 of FF&E, state tax in the 12 taxable jurisdictions runs from $2,900 in Colorado to $7,250 in California, with a median of $6,000. Local taxes would add to these figures.
- Inventory usually moves tax-free as a sale for resale, not under the occasional-sale exemption, and 16 of the 32 exemption states write a vehicle carve-out into the text we read.
- This report covers tax on the sale itself. Whether the buyer inherits the seller's unpaid sales tax is a separate rule, covered in our companion report on bulk sales law by state.
Questions people ask
Do I pay sales tax when I sell my business?
It depends on the state and on what you sell. In 32 states the sale of equipment with a business is exempt if the conditions are met, and in the 5 states without a state sales tax there is none at the state level. In 12 jurisdictions a registered retailer's furniture, fixtures and equipment are taxable. A sale of stock is not a sale of tangible property and generally carries no sales tax (California Regulation 1595(a)(6)).
Is the sale of business equipment taxable?
In the 12 jurisdictions coded partial or no, yes, when the seller is a registered retailer: for example California, Washington, New York, Oklahoma, Maryland and Colorado. In the 32 exemption states it is usually exempt as an occasional or isolated sale, subject to conditions such as Florida's 30-day completion window.
What is an occasional sale exemption?
An exemption for sales outside the seller's ordinary course of business. Texas defines it to include the sale of a business's entire operating assets; Maryland limits it to sales under $1,000 by someone who regularly does not sell tangible property; Nevada's guidance allows no more than 2 sales in 12 months.
Is inventory taxable in an asset sale?
Usually not, but through the resale exemption rather than the occasional-sale rule. Pennsylvania says inventory is not exempt as an isolated sale but may be exempt as a sale for resale, and New York excludes inventory bought for resale from tax in a bulk sale. The buyer typically provides a resale certificate.
Download the data
Every table in this report is available as a CSV under CC BY 4.0. The fact sheet lists each value with its source URL and access date.
- derived_metrics.csv (CSV)
- fact_sheet.csv (CSV)
- Sales tax on FF&E in a business asset sale, 51 jurisdictions (CSV)
- The 12 jurisdictions where a registered retailer's FF&E is taxable, with the $100,000 example (CSV)
- The 32 exemption states, grouped by what triggers the exemption (CSV)
- Coding results across 51 jurisdictions (CSV)
- Dated changes and reissued guidance, 2024 to 2026 (CSV)
- State general sales tax rates used in the worked example (CSV)
For journalists and researchers
If you cite only a few, cite these
- 12 jurisdictions tax a registered retailer's FF&E in a business asset sale; 32 states exempt it, usually with conditions (SMBB, 2026).[5][44]
- Median state tax of $6,000 on $100,000 of equipment across the 12 taxable jurisdictions (SMBB calculation, Jan. 1, 2026 rates).[52]
- Only 10 of 32 exemption states name the sale of a whole business in the rule (SMBB coding).[44][24]
Most quotable statistics
- 12 of the 46 jurisdictions with a sales tax treat a registered retailer's furniture, fixtures and equipment sold with the business as taxable (SMBB coding of official texts, 2026-11-02).[5][48][33]
- 32 states exempt equipment sold with a business, but only 10 of them write the sale of a whole business into the rule (SMBB coding, 2026-11-02).[44][16][13]
- On $100,000 of equipment, state sales tax in the taxable jurisdictions ranges from $2,900 in Colorado to $7,250 in California, median $6,000, at January 1, 2026 rates.[52]
- Florida exempts business assets sold with a business only if the transfer is completed within 30 days of the agreement (Rule 12A-1.037, amended 2025-12-29).[10]
- Maryland's casual-sale exemption stops at sales under $1,000 (Tax-General 11-209(a)).[21]
- 16 of the 32 exemption states write a vehicle carve-out into the text we read.[10][16][39]
Press summary
A new state-by-state registry from Sell My Business Broker finds that 12 jurisdictions tax the furniture, fixtures and equipment a registered retailer sells along with its business, while 32 states exempt that transfer, usually with conditions. The registry codes 51 jurisdictions from statutes, administrative rules and revenue department guidance read on November 2, 2026. Practitioner articles often name four states without an occasional-sale exemption; the registry counts 8 more where a retailer's equipment is still taxed, mainly because exemptions in states such as California and Kentucky exclude anyone who must hold a sales tax permit. Only 10 of the 32 exemption states name the sale of a whole business in the rule. On an illustrative $100,000 of equipment, state tax in the taxable jurisdictions ranges from $2,900 in Colorado to $7,250 in California, with a median of $6,000. The report is not legal or tax advice.
Suggested headlines
- 12 jurisdictions still tax the equipment in a small business sale
- Selling your business? In 32 states the equipment can go tax-free, if you meet the conditions
- Only 10 states write the sale of a whole business into their sales tax exemption
- A $100,000 equipment sale can carry up to $7,250 in state sales tax
- Florida's 30-day window and Wisconsin's closed-door rule: the fine print in business-asset sales tax
How to cite this report
Sell My Business Broker. (2026). Sales Tax on Sale of Business Assets: Occasional Sale Exemptions in 51 Jurisdictions (2026). Retrieved from https://sellmybusinessbroker.com/research/sales-tax-on-sale-of-business-assets/
Reuse license
Data and tables are licensed CC BY 4.0. Attribution: “Source: Sell My Business Broker, Sales Tax on Sale of Business Assets: Occasional Sale Exemptions in 51 Jurisdictions (2026)” with a link to this page.
Frequently asked questions
How many states tax equipment sold with a business?
12 jurisdictions tax a registered retailer's furniture, fixtures and equipment in an asset sale, based on texts read on 2026-11-02. Seven of those rows rest on clear text.
Which states have no occasional sale exemption for a business's equipment?
Washington, New York, Colorado, Oklahoma and Maryland tax it from clear text, and Wyoming has no general exemption we could find. California and Kentucky exempt only sellers that do not need a permit.
Does Texas charge sales tax when a business is sold?
Not on the operating assets if the entire operating assets of the business, or of a separate division, are sold. Tax Code 151.304(b)(2) makes that an occasional sale.
Does Florida tax the furniture and equipment in a business sale?
Not if the sale and transfer of the business assets is completed within 30 days of the agreement. Inventory, aircraft, boats, mobile homes and motor vehicles are excluded (Rule 12A-1.037(2)(d), amended 2025-12-29).
How much sales tax would $100,000 of equipment cost?
In the 12 taxable jurisdictions, from $2,900 in Colorado to $7,250 in California at state base rates as of January 1, 2026, with a median of $6,000. Local taxes are extra. The figure is illustrative.
Who pays the sales tax on business assets, the buyer or the seller?
It varies. New York says the purchaser in a bulk sale is responsible for paying the tax, which may go through the seller's final return or directly to the department. Colorado's guidance says the selling retailer collects it, and the buying retailer assumes the liability if it is not collected.
Are vehicles exempt when they are sold with a business?
Often not. 16 of the 32 exemption states exclude motor vehicles or other titled property in the text we read, and Mississippi charges a 5% casual sales tax on motor vehicles transferred by non-dealers.
Does selling a business through a broker change the sales tax?
In Georgia it can: the rule says a sale through an agent or broker regularly engaged in selling tangible property is not a casual sale. A business broker who does not sell tangible property may not fall within that wording, which is a point to confirm with the department.
What changed recently?
Florida amended its isolated-sale rule effective 2025-12-29, New Mexico replaced its occasional-sale rule effective 2024-09-24, and the District of Columbia postponed a planned rate increase to 7%, keeping 6% through September 30, 2027.
Is this the same as bulk sales law?
No. Bulk sales and successor rules decide whether the buyer is liable for the seller's unpaid taxes. This report covers whether the transfer of assets is itself taxed. See our companion report on bulk sales law by state.
Reproduce this analysis
Every figure comes from the files below. The scripts that pulled and computed them are kept with the report and can be re-run.
| Dataset | Publisher | Source | Query or filter | Rows used | Retrieved |
|---|---|---|---|---|---|
| State occasional-sale and sale-of-business statutes | State legislatures (official code sites) | File or endpoint | Occasional, casual or isolated sale and sale-of-business sections; full list in tables/registry.csv column official_url | 51 jurisdictions coded; 37 clear text, 12 interpretation needed, 2 not found | 2026-11-02 |
| Revenue department rules and guidance | State revenue departments and secretaries of state | File or endpoint | Administrative rules and bulletins on occasional sales and sales of a business (e.g. Cal. Reg. 1595, WAC 458-20-106, NY TB-ST-70, Wis. Pub. 201) | Rows coded mainly from rules or guidance: see registry column source_type | 2026-11-02 |
| State General Sales Tax Rates as of January 1, 2026 | Iowa Legislative Services Agency | File or endpoint | State rate for each of 51 jurisdictions read from the map | 51 rates; 7 cross-checked against revenue department text | 2026-11-02 |
Data quality and exclusions
- 2 jurisdictions (New Jersey, Connecticut) coded not found after the searches listed in excluded.md; they are kept in the 46-jurisdiction denominator and not counted as taxable or exempt.
- 12 rows flagged interpretation needed because the text does not address a sale of a whole business or a registered retailer directly.
- 15 official pages were read through Internet Archive copies because the live site blocked automated access or timed out from our network; each capture URL is logged in raw/wayback_captures.log.
- Rates are two-decimal figures from the LSA map; 7 were cross-checked against revenue department text and matched after rounding.
- Wyoming is coded no because no exemption was found, not because a text taxes the sale.
Methodology
Question coded: when a business that holds or must hold a sales tax permit sells its furniture, fixtures and equipment as part of selling the business, is the transfer exempt from state sales or use tax? Each of the 50 states and the District of Columbia was coded yes, partial, no, not found or no sales tax from the official statute, administrative rule or revenue department guidance, opened and saved on 2026-11-02.
Selection: we read the occasional, casual or isolated sale provision and any sale-of-business provision in each jurisdiction, then the revenue department's guidance where the statute was silent. Where an official site blocked automated access or timed out from our network, we used an Internet Archive copy of the same official page and labelled it. Law firm and broker articles were used only to identify pages to beat and for comparison, never as evidence for a registry row.
Coding rules: 'yes' means the exemption reaches FF&E in a sale of the business even when the seller is a registered retailer; conditions and carve-outs are recorded. 'Partial' means the exemption exists but excludes registered retailers. 'No' means no occasional-sale relief for an arm's-length business sale. Each row carries a confidence flag: clear text, interpretation needed or not found.
Conflicts: where a statute and a rule differed in scope, we coded the more specific text (for example, Minnesota's sale-of-business exemption over its general occasional-sale exclusion). Where a statute's wording was ambiguous and an agency letter ruling read it (Massachusetts LR 84-102, Tennessee LR 00-47), we followed the agency reading but flagged the row, because letter rulings bind only the taxpayer who asked. Virginia's Department of Taxation regulation (23VAC10-210-1080) was coded over the narrower-looking statute because it lists the whole-business sale as its own category.
Derived metrics: counts, shares and the worked example are computed in scripts/build.py from scripts/coding.py; the worked example multiplies each state's January 1, 2026 base rate (Iowa LSA map) by an illustrative $100,000. Results are in derived_metrics.csv.
Limitations: we did not code local sales taxes, city privilege taxes, vehicle titling taxes, or the buyer's use tax where a state's text is silent. Hawaii's general excise tax and New Mexico's gross receipts tax are counted as sales taxes. Last updated 2026-11-02; we plan to re-check quarterly. Owners looking for an adviser can use our broker match form.
This report presents published data with its limitations. It is not legal, financial or investment advice.
Sources, ranked by quality
Tier 1: primary and official sources (56)
- [1] Alabama revenue agency rules (official administrative code). Ala. Admin. Code r. 810-6-1-.33 (new rule eff. Jan. 14, 2022) and r. 810-6-1-.111; Revenue Ruling 01-013. Current text as read 2026-11-02. Accessed 2026-11-02.
- [2] Alaska revenue agency. Alaska Office of the State Assessor, Alaska Sales Tax Information. Current text as read 2026-11-02. Accessed 2026-11-02.
- [3] Arizona revenue agency rules (official administrative code). Ariz. Admin. Code R15-5-103, R15-5-102, R15-5-101; A.R.S. 42-5001(1). Current text as read 2026-11-02. Accessed 2026-11-02.
- [4] Arkansas revenue agency rules (official administrative code). 26 CAR 30-1128 (source Ark. Code 26-52-401(17)). Current text as read 2026-11-02. Accessed 2026-11-02.
- [5] California revenue agency rules (official administrative code). Cal. Code Regs. tit. 18, 1595(a), (b)(1), (b)(2) (Rev. & Tax. Code 6006.5, 6367). Current text as read 2026-11-02. Accessed 2026-11-02.
- [6] Colorado revenue agency. Colorado Department of Revenue, Buying or Selling a Business; Form DR 0155 (2025) instructions. Current text as read 2026-11-02. Accessed 2026-11-02.
- [7] Connecticut legislature (official code). Conn. Gen. Stat. ch. 219 (searched); RCSA 12-426-17 (not readable). Current text as read 2026-11-02. Accessed 2026-11-02.
- [8] Delaware revenue agency. Iowa Legislative Services Agency, State General Sales Tax Rates as of January 1, 2026; Delaware Division of Revenue, Gross Receipts Tax FAQs. Current text as read 2026-11-02. Accessed 2026-11-02.
- [9] District of Columbia legislature (official code). D.C. Code 47-2005(7)(A). Current text as read 2026-11-02. Accessed 2026-11-02.
- [10] Florida revenue agency rules (official administrative code). Fla. Admin. Code r. 12A-1.037(2)(d) (amended eff. Dec. 29, 2025); Fla. Stat. 212.02(2). Current text as read 2026-11-02. Accessed 2026-11-02.
- [11] Georgia revenue agency rules (official administrative code). Ga. Comp. R. & Regs. 560-12-1-.07(2)(c), (3). Current text as read 2026-11-02. Accessed 2026-11-02.
- [12] Hawaii revenue agency rules (official administrative code). Haw. Admin. R. 18-237-1 (unofficial compilation as of Dec. 31, 2025). Current text as read 2026-11-02. Accessed 2026-11-02.
- [13] Idaho legislature (official code). Idaho Code 63-3622K(b)(5), (c). Current text as read 2026-11-02. Accessed 2026-11-02.
- [14] Illinois revenue agency rules (official administrative code). 86 Ill. Adm. Code 130.110(b), (f), (g). Current text as read 2026-11-02. Accessed 2026-11-02.
- [15] Indiana revenue agency. Indiana DOR Sales Tax Information Bulletin #20 (Aug. 2024; IC 6-2.5-2-3, 45 IAC 2.2-4-33 to 35); DOR Business FAQ. Current text as read 2026-11-02. Accessed 2026-11-02.
- [16] Iowa legislature (official code). Iowa Code 423.3(39)(a)(2), (b). Current text as read 2026-11-02. Accessed 2026-11-02.
- [17] Kansas legislature (official code). K.S.A. 79-3606(l). Current text as read 2026-11-02. Accessed 2026-11-02.
- [18] Kentucky legislature (official code). KRS 139.010(28)(a). Current text as read 2026-11-02. Accessed 2026-11-02.
- [19] Louisiana legislature (official code). La. R.S. 47:305(A); R.S. 47:303 (vehicles). Current text as read 2026-11-02. Accessed 2026-11-02.
- [20] Maine legislature (official code). 36 M.R.S. 1752(1-D), (11)(A)(4), (11)(B)(1). Current text as read 2026-11-02. Accessed 2026-11-02.
- [21] Maryland legislature (official code). Md. Code, Tax-Gen. 11-209(a) to (c). Current text as read 2026-11-02. Accessed 2026-11-02.
- [22] Massachusetts legislature (official code). M.G.L. c. 64H, s. 6(c); Letter Ruling 84-102. Current text as read 2026-11-02. Accessed 2026-11-02.
- [23] Michigan legislature (official code). MCL 205.54d(i), (j); MCL 205.94. Current text as read 2026-11-02. Accessed 2026-11-02.
- [24] Minnesota legislature (official code). Minn. Stat. 297A.68, subd. 25(a)(6), (b)(4); 297A.67, subds. 23 and 30. Current text as read 2026-11-02. Accessed 2026-11-02.
- [25] Mississippi revenue agency rules (official administrative code). Miss. Admin. Code 35.IV.3.02 (revised eff. Dec. 7, 2023). Current text as read 2026-11-02. Accessed 2026-11-02.
- [26] Missouri revenue agency rules (official administrative code). 12 CSR 10-103.200 (Sec. of State, current through Sept. 30, 2026); RSMo 144.010.1(2). Current text as read 2026-11-02. Accessed 2026-11-02.
- [27] Iowa Legislative Services Agency. Iowa Legislative Services Agency, State General Sales Tax Rates as of January 1, 2026. Current text as read 2026-11-02. Accessed 2026-11-02.
- [28] Nebraska revenue agency. Neb. Rev. Stat. 77-2701.24(3), 77-2704.48; Reg-1-022 (per DOR exemptions guide). Current text as read 2026-11-02. Accessed 2026-11-02.
- [29] Nevada revenue agency. Nevada Tax Notes, Issue 195 (April 2023), citing NRS 372.320 and NAC 372.160. Current text as read 2026-11-02. Accessed 2026-11-02.
- [30] Iowa Legislative Services Agency. Iowa Legislative Services Agency, State General Sales Tax Rates as of January 1, 2026. Current text as read 2026-11-02. Accessed 2026-11-02.
- [31] New Jersey revenue agency. N.J.S.A. 54:50-38 bulk sale notice (searched); Form C-9600. Current text as read 2026-11-02. Accessed 2026-11-02.
- [32] New Mexico revenue agency rules (official administrative code). 3.2.116.11 NMAC (replaced eff. Sept. 24, 2024); NMSA 7-9-28. Current text as read 2026-11-02. Accessed 2026-11-02.
- [33] New York revenue agency. NY Tax Bulletin ST-70, Bulk Sales. Current text as read 2026-11-02. Accessed 2026-11-02.
- [34] North Carolina revenue agency. NCDOR Sales and Use Tax Bulletins 2-7 (Jan. 1, 2026); G.S. 105-164.3. Current text as read 2026-11-02. Accessed 2026-11-02.
- [35] North Dakota revenue agency rules (official administrative code). N.D. Admin. Code 81-04.1-01-16. Current text as read 2026-11-02. Accessed 2026-11-02.
- [36] Ohio legislature (official code). Ohio Rev. Code 5739.02(B)(8), 5739.01(L). Current text as read 2026-11-02. Accessed 2026-11-02.
- [37] Oklahoma revenue agency rules (official administrative code). Okla. Admin. Code 710:65-19-29(c) (2024 compiled rules). Current text as read 2026-11-02. Accessed 2026-11-02.
- [38] Oregon revenue agency. Oregon Department of Revenue, Sales Tax in Oregon. Current text as read 2026-11-02. Accessed 2026-11-02.
- [39] Pennsylvania revenue agency rules (official administrative code). 61 Pa. Code 32.4(a)(3)(ii), (iii). Current text as read 2026-11-02. Accessed 2026-11-02.
- [40] Rhode Island revenue agency rules (official administrative code). 280-RICR-20-70-37.6(C)(7), (D). Current text as read 2026-11-02. Accessed 2026-11-02.
- [41] South Carolina revenue agency rules (official administrative code). S.C. Code Regs. 117-322; S.C. Code 12-36-1710. Current text as read 2026-11-02. Accessed 2026-11-02.
- [42] South Dakota legislature (official code). SDCL 10-45-1(11). Current text as read 2026-11-02. Accessed 2026-11-02.
- [43] Tennessee revenue agency. Tenn. DOR Industry-Specific Tax Manual: Auctioneers and Consignees (Jan. 2025); Letter Ruling 00-47. Current text as read 2026-11-02. Accessed 2026-11-02.
- [44] Texas legislature (official code). Tex. Tax Code 151.304(b)(2), (c). Current text as read 2026-11-02. Accessed 2026-11-02.
- [45] Utah legislature (official code). Utah Code 59-12-104(13) (version eff. July 1, 2026). Current text as read 2026-11-02. Accessed 2026-11-02.
- [46] Vermont legislature (official code). 32 V.S.A. 9741(4), 9701(12). Current text as read 2026-11-02. Accessed 2026-11-02.
- [47] Virginia revenue agency rules (official administrative code). 23VAC10-210-1080(B)(3), (B)(4), (C); Va. Code 58.1-602, 58.1-609.10(2). Current text as read 2026-11-02. Accessed 2026-11-02.
- [48] Washington revenue agency rules (official administrative code). WAC 458-20-106. Current text as read 2026-11-02. Accessed 2026-11-02.
- [49] West Virginia legislature (official code). W. Va. Code 11-15-9(a)(7). Current text as read 2026-11-02. Accessed 2026-11-02.
- [50] Wisconsin revenue agency. Wisconsin DOR Publication 201, Part 15 (laws as of Oct. 30, 2026); Wis. Admin. Code Tax 11.34. Current text as read 2026-11-02. Accessed 2026-11-02.
- [51] Wyoming legislature (official code). Wyo. Stat. 39-15-105(a)(iv)(C) (title 39 searched). Current text as read 2026-11-02. Accessed 2026-11-02.
- [52] Iowa Legislative Services Agency (credits Tax Foundation). State General Sales Tax Rates as of January 1, 2026. 2026-01-01. Accessed 2026-11-02.
- [53] New York State Department of Taxation and Finance. Sales and use tax rates. Current. Accessed 2026-11-02.
- [54] Kentucky Department of Revenue. Sales and Use Tax. Current. Accessed 2026-11-02.
- [55] Virginia Tax. Sales and Use Tax. Current. Accessed 2026-11-02.
- [56] D.C. Office of Tax and Revenue. Office of Tax and Revenue home page notice on the general sales tax rate. Notice current 2026-11-02. Accessed 2026-11-02.
Tier 3: journalism and expert commentary (3)
- [57] Hodgson Russ LLP. Sales Tax Considerations in an Asset Purchase (State Tax Notes, April 11, 2011). 2011. Accessed 2026-11-02.
- [58] Leyton. Sales Tax in Asset Purchases: A guide for Buyers and Sellers. Undated web article. Accessed 2026-11-02.
- [59] Baton. Who Pays Sales Tax When Selling a Business?. Undated web article. Accessed 2026-11-02.