The Secretary of State filing is not a license to do the work. There is not a central licensing authority for regulatory and professional licenses1. Start with the activity, then the city or county, then the board that regulates your kind of work.
What’s different in Mississippi
- No single statewide business license. A sales tax permit is still required when the sales are taxable, and it is not the same thing as a city license.
- Contractors are licensed by job size, and some trades have no dollar floor on the FAQ. Commercial work, houses, and roofing use different amounts.
- Cottage food stays in the state, and you have to be present for the sale. The cap is $35,0007 in gross sales a year.
- Beer, tobacco, liquor, and a dispensary are separate permits. The Department of Revenue’s general FAQ names them, and the beer and tobacco pages list their fees.
Do this
- Read the Department of Revenue’s answer on licenses. There is not a central licensing authority for regulatory and professional licenses1. The department’s advice is to contact the agencies that affect your work. Ask the city clerk where you will operate, and the county if you are outside a city.
- If you sell taxable goods or taxable services, get the sales tax permit first. Beer and light wine, tobacco, alcoholic beverages, and medical cannabis at a dispensary each need a permit, in addition to a sales tax permit when you sell taxable goods or services1. You apply for the beer, tobacco, and alcoholic beverage permits in TAP. A retail beer permit is $30 a year for each location, and the city or county may charge a permit fee equal to 50% of the state fee4. A retail tobacco permit has no fee, but every tobacco retailer needs one5. The general FAQ does not print the alcoholic beverage or dispensary permit fees.* Read the fee on the application for the permit you need. Sales tax registration is on Get your tax IDs.
- Get a contractor license if the job size requires one. The State Board of Contractors FAQ draws these lines. Commercial contractors and subcontractors need a license for commercial jobs over $50,000, including equipment installation. A license is also required for fire sprinkler work over $5,000 on a public project or over $10,000 on a private project. Residential work needs one for new residential construction over $50,000, remodeling or additions over $10,000, or residential roofing over $10,000. Residential electrical, mechanical, HVAC, and plumbing subcontractors need a license. Construction managers and residential solar contractors need one too. The FAQ gives no job-size floor for that subcontractor work. The license lasts one year, and it can be renewed up to 180 days after it expires. Every applicant has to show general liability insurance. There is no minimum coverage requirement for a residential license. A commercial license needs a Mississippi sales tax or use tax number. A residential license can use a Mississippi income tax number, a federal tax number, or a Social Security number6. The FAQ does not print the application fee.* Read it on the application before you pay.
- If the work is construction, register for the contractor’s tax as well as the license. The license does not replace the tax. Non-residential jobs over $10,000 are taxed at 3.5%. If the contract is over $75,000, or the contractor is from another state, the contractor's tax is paid before work begins unless a surety bond is on file. Apartments and condominiums are not residential for the contractor's tax. Work on a house pays the regular 7% on materials and taxable services2. The business FAQ says to qualify the contract with the Department of Revenue before the work starts.
- Selling food from home? Read the cottage food FAQ. The food is non-potentially hazardous food made in your private home that does not need time or temperature control for safety. You can sell up to $35,000 in gross sales a year. Sales are only in Mississippi. Cottage food from another state cannot be sold here. They are also not at wholesale, not to a restaurant, convenience store, or grocery store, and not on consignment. You sell person to person, and you have to be present. Check with your city, or your county if you are outside city limits, to see whether you need a business license or other permit. An operation that breaks the rules can be fined up to $1,0007. A restaurant that serves meals on site is not this exemption.
- A professional license is separate from the company filing. The Secretary of State does not issue it. Register your business has the name rules that block words such as bank and insurance on an LLC.
What you get back
A city or county license where one is required, a contractor license if the job size or the trade requires it, a cottage-food operation if you stay inside the food list and the sales cap, and a beer, tobacco, or alcohol permit if you sell those. Each one renews on its own date. A sales-tax permit does not expire and does not require renewal while the holder continues the same business at the same location3. Sellers still file sales-tax returns on their assigned schedule.
Common questions
Do I need a business license in Mississippi?
Not one license from a single state office. There is not a central licensing authority for regulatory and professional licenses. If you sell taxable goods or services, you still need a sales tax permit. A city or county can require its own license.
Do I need a contractor license in Mississippi?
A commercial license is required for commercial jobs over $50,000, including equipment installation. New residential work needs a license for new residential construction over $50,000, remodeling or additions over $10,000, or residential roofing over $10,000. Residential electrical, mechanical, HVAC, and plumbing subcontractors need one, and the FAQ does not print a dollar floor for that work.
Can I sell food from my home in Mississippi?
Some of it. Cottage food is non-potentially hazardous food made in your private home that does not need time or temperature control for safety. Sales are capped at $35,000 a year, only in Mississippi, and you have to be there to sell it. You cannot sell it wholesale.
Do I need a license to sell alcohol in Mississippi?
Yes. Beer and light wine, tobacco, alcoholic beverages, and a medical cannabis dispensary each need a permit in addition to a sales tax permit when the sales are taxable. You apply for the beer, tobacco, and ABC permits in TAP. A retail beer permit is $30 a year for each location, and the city or county may charge a permit fee equal to 50% of the state fee. A retail tobacco permit has no fee, but every tobacco retailer needs one. The general FAQ does not print the alcoholic beverage or dispensary fees.\* Read the fee on the application.
Does construction pay sales tax or a different tax?
Non-residential work over $10,000 pays the 3.5% contractor's tax. Apartments and condominiums are not residential for the contractor's tax. Work on a house pays the regular 7% on materials and taxable services.
Sources
- Mississippi Department of Revenue, general FAQ
- Mississippi Department of Revenue, business tax FAQ
- Mississippi Department of Revenue, sales-tax permit renewal rule
- Mississippi Department of Revenue, beer and light wine
- Mississippi Department of Revenue, tobacco
- Mississippi State Board of Contractors, FAQ
- Mississippi State Department of Health, cottage food FAQ
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