SIC 5812 — RETAIL-EATING PLACES

Frequently asked questions

What is NAICS 5812?

NAICS 5812 is the North American Industry Classification System code for RETAIL-EATING PLACES. It classifies this business activity for statistical, regulatory, and government procurement purposes. Federal agencies use NAICS codes to collect and publish data about the US economy, determine SBA size standards, and set aside contracts for small businesses.

What licenses and permits does a RETAIL-EATING PLACES need?

A RETAIL-EATING PLACES typically needs a local business license, a federal EIN from the IRS, and industry-specific permits depending on the sector. Check with your city or county clerk for a general business license, your state's professional or industry licensing board for any required occupational licenses, and your state's tax authority for a sales tax permit if you sell taxable goods or services.

How do I register a RETAIL-EATING PLACES business in the United States?

To register a RETAIL-EATING PLACES business, first choose your legal structure: sole proprietorship (simplest, uses SSN), LLC (personal liability protection, files with your Secretary of State), or corporation (Form 1120 or 1120-S). Register your business name (DBA) with your county if operating under a trade name. Obtain an EIN from the IRS at irs.gov/ein. Register with your state revenue department for any applicable taxes.

What tax forms does a RETAIL-EATING PLACES file with the IRS?

Tax forms depend on your entity type. A sole proprietor files Schedule C with Form 1040 and Schedule SE for self-employment tax (15.3%). An LLC taxed as a partnership files Form 1065 with Schedule K-1s. A C-Corporation files Form 1120 (21% flat rate). An S-Corporation files Form 1120-S. All businesses paying employees file Form 940 (FUTA) annually and Form 941 quarterly. Estimated tax payments are made via Form 1040-ES four times per year.

Is RETAIL-EATING PLACES the right NAICS code for my business?

Your NAICS code should reflect your primary business activity — the one generating the most revenue or value. If RETAIL-EATING PLACES describes your main line of business, NAICS 5812 is likely correct. If you have multiple distinct activities, you may need separate codes for statistical reporting. For federal contracting, your SAM.gov registration should use the code that best matches the work you perform. Review the official NAICS 5812 description and exclusions to confirm it fits your operations.

In which states does a RETAIL-EATING PLACES need to collect sales tax?

Under the South Dakota v. Wayfair decision, a RETAIL-EATING PLACES must collect sales tax in any state where it has economic nexus — typically $100,000 in gross revenue or 200 separate transactions into the state in the current or previous calendar year. Some states use a higher threshold ($250K-$500K). Marketplace facilitators like Amazon, eBay, and Etsy collect on your behalf in most states. Physical presence (store, office, warehouse, employees) creates nexus immediately in that state. Register through each state's department of revenue or use a sales tax automation service.

Does a RETAIL-EATING PLACES need a resale certificate?

Yes. A resale certificate (also called reseller permit or tax exemption certificate) allows a RETAIL-EATING PLACES to purchase inventory tax-free from suppliers since sales tax will be collected from the end customer. Each state issues its own certificate — you typically need one from your home state, which suppliers in other states may accept (via the Multistate Tax Commission uniform certificate). Never use a resale certificate for items you consume yourself; that triggers use tax liability and potential penalties.

What does a RETAIL-EATING PLACES need to know about sales tax economic nexus post-Wayfair?

The 2018 South Dakota v. Wayfair Supreme Court decision allows states to require out-of-state sellers to collect sales tax even without physical presence, based on economic nexus. Most states adopted thresholds of $100K revenue OR 200 transactions. Monitor your sales into each state and register promptly once you cross a threshold. Many states look at both current and prior year sales. Registration, collection, and filing obligations begin the month after the threshold is met. Retroactive registration can create liability for uncollected tax.

What consumer product safety rules affect a RETAIL-EATING PLACES?

The Consumer Product Safety Commission (CSPC) regulates the safety of over 15,000 types of consumer products. Retailers must not sell recalled products (check cpsc.gov/recalls). CPSIA requires children's products to meet lead content and phthalate limits with third-party testing. Flammable Fabrics Act applies to clothing and textiles. Consumer Product Safety Act Section 15(b) requires immediate reporting to CPSC within 24 hours if you learn a product contains a defect that could create a substantial hazard, or creates an unreasonable risk of serious injury or death.