Before conducting any kind of auction, it’s important to make sure you’re compliant with your state’s auction license laws. Here’s a caveat: laws can be tricky to interpret with plenty of “grey” areas. Between auctioneer licenses, business licenses, and online auctions, it can be difficult for an auctioneer or estate sale company to know what their state’s regulations are. Plus, state laws are constantly being changed or updated – especially when pertaining to online auctions which are fairly new.
To get you started, we’ve researched the auction license laws in all 50 states to find out what you need to stay legal, as well as provided contact information to get your questions answered. Because laws change so frequently, let us know in the comments if you come across information that’s outdated, so we can keep this resource current. Please note: here at EstateSales.org, we recommend double checking with your local auctioneer association to make sure you’re compliant.
Simply click on your state to see the auction licensing information.
Alabama
Contact:
Alabama Board of Auctioneers
Phone: 334-420-7235 or 866-873-4664
Fax: 334-263-6115
Email: auctioneers@alstateboard.com
For Information on the Privilege License visit: http://revenue.alabama.gov/licenses/authrity.cfm
Auctioneer License Requirement:
An Auctioneer License is Required. To become and auctioneer, if you are already a resident of the state you must submit the required application. You must also complete an auction school, have two endorsements and pay the required fee of $175.00. This state does allow reciprocity. Business owners must hold auctioneer license.
Other License for Estate Sale Only Business?
Yes. The License is called a Privilege License. The State Requires compliance with Section 40-12-101 which requires a this license for the sale of good only if the seller is anyone other than the owner of the goods. To obtain the license you must fill out an application and pay a fee of $151.00.
Online Auctions:
There is currently “no jurisdiction over online auctions” in Alabama.
Alaska
Contact:
Alaska Division of Corporations, Business and Professional Licensing
333 Willoughby Ave., 9th Floor
Juneau, AK 99801
(907) 465-2550,
Auctioneer License Requirement:
No Auctioneer License Required
Other License for Estate Sale Only Business?
Yes, the state of Alaska requires all businesses to obtain a license to operate in the state if they are for-profit. You must pay a fee and file an application with the Department of Commerce.
Online Auction License:
There is currently “no jurisdiction over online auctions” in Alaska.
Arizona
Contact:
AZ Department of Revenue Transaction Privilege Use Tax and Withholding Tax 602-255-2060
Auctioneer License Requirement:
No Auctioneer License Required
Other License for Estate Sale Only Business?
At a minimum, you must file for a business license to operate in the state of AZ, called the Transaction Privilege Tax and Use Tax. Counties may require you to file a separate license to operate your sale. Be sure to check with them. File business licenses here.
Online Auction License:
Arizona does not regulate online auctions.
Arkansas
Contact:
Arkansas Auctioneers Licensing Board
101 East Capitol, Suite 112B
Little Rock, AR 72201
Office: 501-682-1156
Fax: (501) 682-1158
Auctioneer License Requirement:
Required. To obtain you must submit:
a. Completed and notarized Application for Auctioneer License which includes form CM600 and enclose a check or money order for $100.00 exam fee made payable to AALB.
b. Completed Arkansas State Police Identification form ASP-122 and enclose a check or money order for $22.00 for state background check made payable to AALB.
c. Completed FBI Fingerprint Cards (2) Return the completed fingerprint cards to our office with a check or money order for $16.50 made payable to Arkansas State Police in payment of a federal background check.
d. A current photograph full-face, passport-type (2”x2”) of head and shoulders taken within the past six months.
e. Check or money order for $200.00 made payable to AALB for license fee and recovery fund fee.
f. Letters of good standing from all states in which you currently hold a license.
g. Sit for written auctioneer exam and conduct a mock auction.
Other License for Estate Sale Only Business?
Most of the cities, towns and villages in Arkansas require you to file an application for a business license and pay a small fee. Contact your local clerk’s office for more information. There is no statewide license required at this time.
Online Auction License:
Arkansas does not regulate online auctions at this time.
California
Contact:
California Secretary of the State Office
1500 11th St., 2nd and 3rd Floors
Sacramento, CA 95814
(916) 653-6814
Auctioneer License Requirement:
There is no auctioneer license requirement in CA. However, California does mandate that auctioneers and auction companies must have a bond filed with the state of at least $20,000.00. The CA Department of Insurance maintains a list of current companies that can assist you in obtain a bond.
Other License for Estate Sale Only Business?
Estate Tag sales or auctions will require a Sellers Permit to be issued by the Board of Equalization. To obtain the permit you must file out an application and pay a fee. Failure to do so could result in fines.
Online Auction License:
If, through Internet auction houses you list your merchandise to sell, seek bids, accept a bid from the highest bidder, and transfer the merchandise to the purchaser, you are generally considered the retailer in your transactions. This is true whether you receive the funds or have another party, such as PayPal, collect the funds on your behalf. Companies that host such transactions are not themselves considered retailers and are therefore not subject to the requirement.
Colorado
Contact:
If you do want to obtain a license, contact the Denver Business Licensing Center.
Auctioneer License Requirement:
There is no state auctioneer license requirement.
Other License for Estate Sale Only Business?
There does not appear to be any state specific laws that would require licensing of any tag sales. Check with the local municipalities to verify licensing
Online Auctions:
Currently, there are no online auction laws regulating estate sale auctions being conducted through the internet.
Connecticut
Contact:
Department of Revenue Services
25 Sigourney St., Ste 2
Hartford, CT
Ph. 860-297-5962
Auctioneer License Requirement:
There is no state auctioneer license requirement.
Other License for Estate Sale Only Business?
State requires auctioneers to obtain a license from the town where the auction is to be held. Requirement does not apply if only selling household furniture. Or if auctioneer is from the town where the auction will take place. Contact the town clerk for information on how to obtain the license.
Online auctions:
Connecticut does not regulate online auctions at this time.
Delaware
Contact:
Division of Revenue Carvel State Office Building
820 North French Street Wilmington DE 19801
(302) 577-8205
Auctioneer License Requirement:
Auctioneer license required.
Other License for Estate Sale Only Business?
Delaware requires all business that operate to obtain a state business license just to operate. Except for sole proprietors with no employees. You must fill out an application and pay a yearly fee. Local city governments may require additional permits for sales.
Online Auctions:
Delaware does not regulate online auctions at this time.
Florida
Contact:
Division of Professions Board of Auctioneers
1940 North Monroe St. Tallahassee, FL 32399-0783
Phone: 850-487-1395
Auctioneer License Requirement:
Requires an Auctioneer License. To obtain must be 18 years or older, served as an apprentice for one year OR completed 80 hours of class time. Complete the application, pass exam and pay fee.
Other License for Estate Sale Only Business?
There is no specific state business license required. Be sure to check with your local county/city government to verify there are no special requirements.
Online Auctions:
Yes, a license is required. When representing yourself or your business to the public as an Auctioneer or Auction Business, you must be licensed to do so; otherwise you may be cited for unlicensed activity. Get licensing information here.
Georgia
Contact:
Secretary of State 214 State Capitol
Atlanta, Georgia 30334
404.656.2881
Auctioneer License Requirement:
Requires an Auctioneer License. To obtain must be 18 years or older, served as an apprentice for one year OR completed 80 hours of class time. Complete the application, pass exam and pay fee.
Other License for Estate Sale Only Business?
Georgia does require a general business license to operate in GA. They also recommend checking with your local municipality to be sure they do not have any additional requirements.
Online Auctions:
Companies that conduct online auctions in Georgia are required to be license with the Commission.
Hawaii
Contact:
DCCA Business Action Centers (BAC) Find hours & locations here.
Auctioneer License Requirement:
DCCA Business Action Centers (BAC) Find hours & locations here.
Other License for Estate Sale Only Business?
Some counties require an auctioneer license such as Hawaii County. To apply you must have registered your business to obtain your state tax ID number, provide a bond, and pay the application fee of $100. There doesn’t appear to be any examination. Other counties require a resale license.
Online Auctions:
Hawaii does not regulate online auctions at this time.
Idaho
Contact:
Idaho Secretary of State Office
700 W. Jefferson, Room E205
Boise, ID 83720
208-334-2300
Auctioneer License Requirement:
Idaho does not require an Auctioneer License.
Other License for Estate Sale Only Business?
There does not appear to be any state specific laws that would require licensing of any tag sales. Check with the local municipalities to verify licensing.
Online Auctions:
Idaho does not regulate online auctions at this time.
Illinois
Contact:
Illinois Dept. of Financial and Professional Regulations
320 West Washington St, 3rd Fl.
Springfield, IL 62786
217-785-0820
Auctioneer License Requirement:
Requires an Auctioneer License. All applicants must be at least 18 year of age, have attained a high school diploma or equivalent (e.g. GED), have a properly completed sponsor card, personally take and pass an examination, file an application on forms provided by DPR, and pay all fees as required.
Other License for Estate Sale Only Business?
There does not appear to be any state-specific laws that would require licensing of any tag sales. Check with the local municipalities to verify licensing.
Online Auctions:
Illinois is regulating Internet Auctions and requires license.
Indiana
Contact:
Indiana Professional Licensing Agency Attn: Indiana Auctioneer Commission
402 West Washington Street, Room W072
Indianapolis, Indiana 46204
Auctioneer License Requirement:
Requires an Auctioneer License. Must complete an application, pay fee, and pass examination after course completion from approved school.
Other License for Estate Sale Only Business?
There is no specific state business license required. Be sure to check with your local county/city government to verify there are no special requirements.
Online Auctions:
Indiana is not currently regulating online auctions.
Iowa
Contact:
Iowa Department of Revenue Customer Service
515-281-3114
Auctioneer License Requirement:
Iowa does not Requires an Auctioneer License. However, most municipalities offer specific auctioneer licenses for cattle and livestock.
Other License for Estate Sale Only Business?
There is no specific state business license required. Be sure to check with your local county/city government to verify there are no special requirements.
Online Auctions:
No license is required.
Kansas
Contact:
Kansas Business Center
877-521-8600
Auctioneer License Requirement:
Kansas does not require an auctioneer license.
Other License for Estate Sale Only Business?
There is no specific state business license required. However, expect that local municipality will regulate auctions. Be sure to contact the local county/city government.
Online Auctions:
Kansas does not regulate online auctions at this time.
Kentucky
Contact:
KY Board of Auctioneers
2819 Ring Road Suite 200
Elizabethtown, KY 42701
270-360-0736
Auctioneer License Requirement:
Auctioneer License required. To obtain you must be 18 years or older, have a High School Diploma or GED, Good Moral Character, Complete 80 hour course requirements and pass an examination, complete application and pay fee.
Other License for Estate Sale Only Business?
There is no statewide business license required. Be sure to check with local county/city governments.
Online Auctions:
Yes, a license is required for conducting any kind of auction.
Louisiana
Contact:
Louisiana Auctioneer Licensing Board
11736 Newcastle Avenue, Bldg. 2, Suite C
Baton Rouge, LA 70816
Telephone 225.295.8420 Fax 225.372.8584
Email: admin@lalb.org
Auctioneer License Requirement:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, register business with state, pay fee.
Other License for Estate Sale Only Business?
There is no statewide business license required. Be sure to check with local county/city governments.
Online Auctions:
Timed Internet Auctions are not regulated by the state.
Maine
Contact:
Department of Professional & Financial Regulation Office of Professional and Occupational Regulation
76 Northern Avenue
Gardiner, Maine 0434
Telephone: 207-624-8603
Auctioneer License Requirement:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, and pay the application fees.
Other License for Estate Sale Only Business?
There is no statewide business license required. Be sure to check with local county/city governments.
Online Auctions:
No, there is an exemption for online auctions.
Maryland
Contact:
Maryland Department of Business & Economic Development
401 E.Pratt Street
Baltimore, MD 21202
410-767-6300
Auctioneer License Requirement:
There is NO Auctioneer license. However, you must register Dept. of Assessments and Taxation.
Other License for Estate Sale Only Business?
There is no statewide business license required. Counties do regulation Auctioneers, and may additionally regulate estate tag sales.
Online Auctions:
No license is required.
Massachusetts
Contact:
Division of Professional Licensure
1000 Washington Street, Suite 710
Boston, Massachusetts 02118-6100
Phone: (617) 727-3074
Fax: (617) 727-1944
Auctioneer License Requirement:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, and pay the application fees.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. Be sure to check with local county/city governments.
Online Auctions:
Massachusetts does not regulate online auctions.
Michigan
Contact:
Michigan State Auctioneers Association
4529 Gibbs St.
NW Grand Rapids, MI 49544-9719
(616) 785- 8288
Auctioneer License Requirement:
As of June 2014 Auctioneer Licenses are no longer required by the State.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Michigan does not regulate online auctions.
Minnesota
Contact:
Minnesota Secretary of State Office
60 Empire Dr., Suite 100
Saint Paul, MN 55103
(651) 296-2803
Auctioneer License Requirement:
State law authorizes the counties to issue Auctioneer Licenses. You must apply with the county. To be qualified you must be 18 years or old, fill out the application, pay fee, and be bonded in the amount of not more than $3,000.00. License is issued per sale.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Minnesota does not appear to be regulating online auctions.
Mississippi
Contact:
Mississippi Auctioneer Commission
P.O. Box 5088
Jackson, MS 39296
Phone: (601) 364-2384
Fax: (601) 364-2387
Auctioneer License Requirement:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $10,000.00, and pay the application fees.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
According to the MAA, if the auction originates in Mississippi, then a license is required.
Missouri
Contact:
Dept. of Insurance, Financial Institutions and Professional Regulations
(573) 751-4126
Auctioneer License Requirement:
As of 2015, a license is required to hold auctions.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Online auctions fall under the the definition of auctions, so a license for online auctions is required.
Montana
Contact:
Montana Department of Commerce
301 S. Park
Helena, MT 59620
Auctioneer License Requirement:
No State Auctioneer License requirement. State law authorizes towns and local governments to regulate and license auctioneers.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Montana does not regulate online auctions at this time.
Nebraska
Contact:
Nebraska Motor Vehicle Industry Licensing Board
301 Centennial Mall, P.O. Box 94697
Lincoln, NE 68509
Auctioneer License Requirement:
No State Auctioneer License required.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Nebraska does not regulate online auctions.
Nevada
Contact:
Nevada Secretary of the State Office
101 N. Carson St., Suite 3
Carson City, NV 89701
(775) 684-5708
Auctioneer License Requirement:
No State Auctioneer License.
Other License for Estate Sale Only Business?
All businesses operating in Nevada must obtain a State Business license. More specific licenses such as auction and resale licenses are issued by local governments. http://business.nv.gov/Business/Formation_and_Licensing/Step_by_Step_Guide_to_Business_Licensing/
Online Auctions:
Nevada does not regulate online auctions.
New Hampshire
Contact:
New Hampshire Board of Auctioneers
Office of the Secretary of State State House Room 204
107 North Main Street
Concord NH 03301
Phone #: 603-271-3242
Fax #: 603-271-6316
Auctioneer License Requirement:
Auctioneer License required. To obtain you must complete application, take an oath, complete 80 hours of courses from an approved school, obtain a bond of $25,000.00, and pay the application fees.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
New Hampshire does not regulate online auctions at this time.
New Jersey
Contact:
The NJ Commerce & Economic Growth Commission’s Licenses and Certifications
Hotline: 609-777-2642 or toll-free: 1-800-533-0186
Auctioneer License Requirement:
No State Auctioneer License required.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
New Jersey does not regulate online auctions.
New Mexico
Contact:
New Mexico Regulation & Licensing Department
Toney Anaya Building
2550 Cerrillos Road
Santa Fe, NM 87505
(505)476-4500
Auctioneer License Requirement:
No State Auctioneer License required.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required. http://www.rld.state.nm.us/Apply_for_a_License_or_Permit.aspx
Online Auctions:
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
New York
Contact:
New York Department of State
Auctioneer License Requirement:
No State Auctioneer License required. NY gives authority to city governments to issue licenses.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
There is no regulation for online auctions.
North Carolina
Contact:
North Carolina Auctioneer Licensing Board
108 Ber Creek Dr.
Fuquay-Varina, NC 27526
(919) 567-2844
Email: info@ncalb.org
Auctioneer License Requirement:
Auctioneer License required. To quality you must be over the age of 18, be a high school graduate or have your GED, be of good moral character, not have had a previous license revoked, and complete required courses. Licenses are issued after successful exam, application and fees are paid.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which the tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Yes, a license is required for all types of auctions.
North Dakota
Contact:
North Dakota Public Service Commission
600 E. Blvd.,Dept.. 408
Bismarck, ND 58505
(701) 328-2400
Auctioneer License Requirement:
Auctioneer License required. To quality you must be over the age of 18, be a high school graduate or have your GED, be of good moral character, complete required courses, complete application, pay fee, and get bond in the amount of $5,000.00.00
Other License for Estate Sale Only Business?
ND will likely require you to complete a Transient Merchant License in order to continually hold tag sales. There is an application, fee and bond requirement. Be sure to also check with you local government to comply with any regulations they may have as well.
Online Auctions:
State Law has specifically exempted Online Auctions from Licensing requirements.
Ohio
Contact:
Ohio Department of Agriculture – Auctioneer Program
8995 E.Main St.
Reynoldsburg, OH 43068
(614) 728-6240
Email: auctioneer@agri.ohio.gov
Auctioneer License Requirement:
Auctioneer License required. In order to become licensed in Ohio, an auctioneer must first attend an approved auction school, serve a full year as an apprentice, and act as a bid caller in 12 auctions before applying for an auctioneer license. The applicant must then take and pass a written and verbal examination prior to receiving a license. The bond requirement is $25,000.00. There is also an application and fee that must be paid.
Other License for Estate Sale Only Business?
There does not appear to by any state specific license or permit to operate a tag sale. Be sure to also check with your local government to comply with any of their regulations..
Online Auctions:
State Law requires an auctioneer to be licensed to conduct an online auction.
Oklahoma
Contact:
Oklahoma City Office of Dept. of Commerce
900 N. Stiles Ave.
Oklahoma City, OK 73104
405-815-6552
Auctioneer License Requirement:
State law authorizes the counties to issue Auctioneer Licenses. You must apply with the county. To be qualified you must be 18 years or old, fill out the application, pay fee, and a bond is required.
Other License for Estate Sale Only Business?
There is no specific business license requirement for the sale of retail items in Oklahoma. Be sure to check with your local government to comply with any additional regulations.
Online Auctions:
An auctioneer is not required to have a state license to provide auctioning services to sell general, personal and tangible property items for an owner. However, to sell agriculture livestock at an auction or real estate, special licenses are required.
Oregon
Contact:
Secretary of State, Corporation Division
Public Service Building
255 Capitol Street NE Suite 151
Salem, Oregon 97310
503-986-2200
Auctioneer License Requirement:
There is no Auctioneer license however the state does regulate the conduct of Auctions and Auctioneers. review the full list of requirements.
Other License for Estate Sale Only Business?
There is no Auctioneer license however the state does regulate the conduct of Auctions and Auctioneers. Be sure to review the full list of requirements.
Online Auctions:
There are rules, but no license is required.
Pennsylvania
Contact:
State Board of Auctioneer Examiners
P.O. Box 2649
Harrisburg, PA 17105-2649
(717) 783-3397
Fax: (717) 705-5540
Email: ST-AUCTIONEER@PA.GOV
Auctioneer License Requirement:
State requires an Auctioneer License. To qualify you must complete an approved auctioneer school, pass an exam, fill out an application and pay the fees. There is a $5000 bond requirement.
Other License for Estate Sale Only Business?
There is no statewide business license requirement. The city/township clerk of the community in which an auction/tag sale will be held should be contacted to determine if a license/permit is required.
Online Auctions:
Penn requires a license referred to as a Trading Assistant. To obtain: (b) Application.- Application for registration under this section shall include the following: (b) Application.- Application for registration under this section shall include the following: (1) Name of the applicant, the business and the physical location where the business will be conducted. (2) Date the applicant will begin accepting goods for sale through an online internet bidding platform. (3) Pennsylvania tax identification number. (4) E-mail address. (c) Fee.-A registration fee of $100 shall be included with each application for registration.
Rhode Island
Contact:
Rhode Island Dept. of Business Regulation
1511 Pontiac Ave.
Cranston, RI 02920
(401) 462-9500
Email: commerciallicensinginquiry@dbr.state.ri.us
Auctioneer License Requirement:
As of 2015, Rhode Island no longer requires an auctioneer license.
Other License for Estate Sale Only Business?
The state does require a business license to sell second hand furniture or second hand bedding. Check with the state to see if your tag sale business must comply. Always check your local government authorities as well to see if there may be additional requirements.
Online Auctions:
No license is required.
South Carolina
Contact:
South Carolina Board of Auctioneers Commission
110 Center View Dr.
Columbia, SC 29210
(803) 896-4800
Email: Milesl@llr.sc.gov
Auctioneer License Requirement:
State requires an Auctioneer License. To qualify you must complete an approved auctioneer school, pass an exam, fill out an application and pay the fees.
Other License for Estate Sale Only Business?
It does not appear that there is a specific business license requirement for resellers in the state. Check with the local government to be sure they do not have separate licensing requirements.
Online Auctions:
When the computer is acting as the auctioneer (no actual person is bid calling), you need an auction firm license (which requires an online exam). Online auctions you conduct or help conduct require an auctioneer license.
South Dakota
Contact:
Department of Labor and Regulation
221 W. Capitol Ave., Suite 101
Pierre, SD 57501
605-773-3600
Auctioneer License Requirement:
There is no general Auctioneer license required. There is licensing requirement to auction off Real Estate.
Other License for Estate Sale Only Business?
It does not appear that there is a specific business license requirement for resellers in the state. Check with the local government to be sure they do not have separate licensing requirements.
Online Auctions:
No license is required.
Tennessee
Contact:
Tennessee Auctioneer Commission
500 James Robertson Pkwy
Nashville, TN 37243
(615) 741-3600
Auctioneer License Requirement:
State requires an Auctioneer License. To qualify you must be 18 years or older, complete an approved auctioneer course, pass exam, submitted completed application and pay fee. Also must complete apprentice hours before full license can be issued.
Other License for Estate Sale Only Business?
It does not appear that there is a specific business license requirement for resellers in the state. Check with the local government to be sure they do not have separate licensing requirements.
Online Auctions:
State law excludes the licensing requirement to timed or fixed price auctions but requires licensing for simulcast of a live auction. Tenn. Code Ann. § 62-19-103
Texas
Contact:
Texas Department of Licensing and Regulation
920 Colorado
Austin, Texas 78701
Email: CS.Auctioneers@tdlr.texas.gov
Telephone: (512) 463-6599
Auctioneer License Requirement
Need Auctioneer License. See Sec. 1802.052. Eligibility for Auctioneer’s License.
(a) An individual is eligible for an auctioneer’s license if the individual:
(1) is at least 18 years of age;
(2) is a citizen of the United States or a legal alien
(3) passes a written or oral examination demonstrating knowledge of the auction business and of the laws of this state relating to the auction business;
(4) holds a high school diploma or a high school equivalency certificate;
(5) has not been convicted of a felony during the five years preceding the date of application; and
(6) has completed at least 80 hours of classroom instruction at an auction school with a curriculum approved by the department in accordance with the standards and procedures established by rule adopted under this chapter.
Other License for Estate Sale Only Business?
Resale Permits also recognized in Texas allowing you to be exempt from some sales taxes when purchasing items. Commission Merchant – a person engaged in the business of selling any goods on consignment and for a commission. Needs to be bonded in every county selling goods. See Occupations Code Title 11. Regulation of Sales and Solicitation. Chapter 1801.Commission Merchants.
Online Auctions:
Texas State Law recently repealed the license requirement for online auctions; however auctioneers accepting consignment must be bonded. See this list of regulations.
Utah
Contact:
Utah Division of Corporations & Commercial Code
160 East 300 South
PO Box 146705
Salt Lake City, UT 84114-6705
801-530-4849
Toll Free: 1-877-526-3994
Auctioneer License Requirement:
No State License
Other License for Estate Sale Only Business?
All businesses must obtain a business license from the local city or county in which the business is being conducted.
Online Auctions:
No license is required.
Vermont
Contact:
Office of the Secretary of State – Main Office
128 State Street
Montpelier, Vermont 05633-1101
Ph. 802-828-2363
Auctioneer License Requirement:
License Required – An application and fee must be submitted. Also one needs to have either (1) completed a course of instruction at an auctioneering school approved by the Director with course requirements consisting of at least 40 clock hours; or
(2) completed an apprenticeship of at least 250 hours of experience obtained within one calendar year which includes active participation in at least six auctions, including bid calling, under the direction and supervision of an auctioneer licensed and in good standing with this State or the state in which he or she is licensed and who has been in practice a minimum of three years.See Professional Auctioneers Regulations and Vermont Legislature Statutes.
Other License for Estate Sale Only Business?
Will most likely need a Vermont Sales & Use Tax Account before starting Business.
Auctioneers: An exemption for licensed auctioneers is created under which a licensed auctioneer may receive payment for auction sales without being required to collect sales tax. However, if property of different owners is comingled at one auction, sales tax must be collected.
Online Auctions:
State does not regulate online auctions.
Virginia
Contact:
Department of Professional and Occupational Regulation
9960 Mayland Drive
Suite 400
Richmond VA 23233-1485
Auctioneer License Requirement:
Individuals and Auction Firms must have licenses.Any auctioneer desiring to obtain a license may apply to the Board and shall establish to the satisfaction of the Board that he:
1. Is a resident of Virginia and meets the application fee requirements set by the Board;
2. Is covered by a surety bond, executed by a surety company authorized to do business in this Commonwealth, in a reasonable amount to be fixed by the Board, conditioned upon the faithful and honest conduct of his business or employment;
3. Has successfully completed a course of study at a school of auctioneering which has obtained course approval from the Board or an equivalent course; and
4. Has passed the Virginia Licensed Auctioneer’s Examination, administered by the Auctioneers Board.
A nonresident of the Commonwealth may be licensed as an auctioneer by meeting one of the following requirements: (i) conform to the provisions of this chapter and regulations of the Board with reference to resident auctioneers or (ii) hold a valid auctioneer’s license or certificate in another state with which reciprocity has been established by the Board. Nonresident applicants shall also file with the Board an irrevocable consent that service of process upon the Director is as valid and binding as service of process upon the applicant. http://www.dpor.virginia.gov/Boards/Auctioneers/
Other License for Estate Sale Only Business?
Sales tax is added to the final auction price unless the buyer is tax exempt and has a valid Sales and Use Tax Certificate of Exemption Form on file with us or we ship out of the state of Virginia.
The state of Virginia does honor tax exemption numbers from other states; however, please be prepared to provide a copy of your resale license/certificate for our files if you are licensed outside of the state of Virginia.
Online Auctions:
Virginia does not regulate online auctions.
Washington
Contact:
Dept. Of Licensing Contact information
Phone: 360.664.6636
Fax: 360.664.2550
Email: plssunit@dol.wa.gov
Auctioneer License Requirement:
Dept. Of Licensing Contact information
Phone: 360.664.6636
Fax: 360.664.2550
Email: plssunit@dol.wa.gov
Other License for Estate Sale Only Business?
Business License Application is part of the Auctioneer application.
Online Auctions:
Individuals routinely making retail sales through online auctions or marketplaces are considered engaging in business and are required to register with the Department of Revenue and collect retail sales tax on sales to Washington customers.
West Virginia
Contact:
Secretary of State
Bldg. 1, Suite 157-K
1900 Kanawha Blvd. East
Charleston, WV 25305-0770
Ph: Main (304) 558-6000
Business and Licensing
(304) 558-8000
West Virginia Department of Agriculture
1900 Kanawha BoulevardEast
State Capitol, Room E-28
Charleston, WV 25305-0170
304-558-3550; 304-558-2203 (fax)
Auctioneer License Requirement:
A State Auctioneer License is required to conduct an auction in West Virginia. To receive the license, one must pay a fee, file an application with the State, be bonded, completed an apprenticeship for two years/school and 6 months of apprenticeship, and pass an Auctioneer exam. After receiving the license, annual dues must be paid in order to keep the license.
Other License for Estate Sale Only Business?
Must file a Business Registration Certificate (Form WV/BUS-APP) with the West Virginia State Tax Department. In addition to state licensing, many cities, counties and municipalities throughout West Virginia have additional registration requirements that may affect your business.
Online Auctions:
According to the West Virginia Attorney General, the State Auctioneer License is not necessary if conducting online auctions.
Wisconsin
Contact:
Department of Safety and Professional Services
1400 East Washington Avenue, Room 112
Madison, WI 53703
Ph:(608) 266-2112; (877) 617-1565
Email: dsps@wisconsin.gov
Wisconsin Department of Revenue
(608) 266-2776 P.O. Box 8902 or 8949
Madison, WI 53708
Auctioneer License Requirement:
A State License is required for both Auctioneers and Auction Companies. Auctioneer registration – The department shall register as an auctioneer an individual who is at least 18 years old and does all of the following:
- (a) Submits an application for registration as an auctioneer to the department on a form provided by the department.
- (b) Pays the fee specified in s. 440.05 (1).
- (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
- (d) Submits evidence satisfactory to the department that he or she holds a current permit issued under s. 77.52 (9).
- (e) Passes an examination conducted by the department to determine fitness as an auctioneer. (3) Auction company registration. The department shall register as an auction company a person who is not registered as an auctioneer under this chapter and does all of the following:
(a) Submits an application for registration as an auction company to the department on a form provided by the department.
(b) Pays the initial credential fee determined by the department under s. 440.03 (9) (a).
(c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that the person does not have an arrest or conviction record and, if the person is a partnership, association or corporation, that no partner of the partnership, officer or director of the association or officer or director of the corporation has an arrest or conviction record.
(d) Submits evidence satisfactory to the department that the person holds a current permit issued under s. 77.52 (9).”
Other License for Estate Sale Only Business?
Will need to get a business license/seller’s permit and collect sales tax, unless fits the following exception: Sales by an auctioneer of personal household goods and personal farm property if the auctioneer has 5 or fewer auctions at that location during the year.
Online Auctions:
State does not regulate online auctions at this time.
Wyoming
Contact:
Business Division
State Capitol Building, Room 110
200 West 24th Street
Cheyenne, WY 82002-0020
Ph.307.777.7311
Fax:307.777.5339
Email: Business@wyo.gov
Auctioneer License Requirement:
No Auctioneer License required
Other License for Estate Sale Only Business?
To operate a tag sale, you may be required to obtain a transient license from the state. Some Cities will require an Auctioneer Business License to be filed with the City, pay a fee, and be bonded before conducting the auction. Cheyenne is one of these cities.
Online Auctions:
State is only regulating online auctions pertaining to real estate sales at this time.
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