NOTICE TO USERS OF THIS INFORMATION: Copyright © 2019 American Society of Travel Advisors (ASTA). All rights reserved. Please reference end of this document for terms of use.

Update on California Seller of Travel Law

03/29/2017

ASTA Members:

In September 2016, Governor Jerry Brown signed into law Assembly Bill 2106, which makes several changes to California’s seller of travel law - effective January 1, 2017. In an effort to help you comply with the new law, ASTA updated its California Seller of Travel Fact Sheet

The two main changes AB2016 made to the law are:

  • The independent agent exemption to the registration requirement was broadened to include both single-member limited liability companies whose sole member is an individual and single-shareholder “S” corporations whose sole shareholder is an individual. Previously, this exemption was only available to “individual, natural persons,” which caused problems for a number of ASTA members in California and elsewhere. Independent agents, however, continue to have to meet the stated criteria for the exemption.
  • A new condition of registration is that the seller of travel must provide the file number assigned to it by either the California Secretary of State or the Franchise Tax Board. It is our understanding that obtaining a Secretary of State number is a relatively straightforward process, while a tax number is necessary only if your California sales exceed $500,000 per year or 25 percent of your total sales (whichever is lower).

As a reminder, in the eyes of the State of California, unless exempt, you must register as a seller of travel if you “sell, provide, furnish, contract for, arrange, or advertise” to Californians, regardless of where you are located.

The updated fact sheet is here: California Seller of Travel Law Fact Sheet

Questions: Contact Peter Lobasso, ASTA's General Counsel, plobasso@asta.org

ASTA owns the federal copyrights in the information which it has created above. If you are a dues-paid member of ASTA you may, as a privilege of ASTA membership, use the information above in that business and may share the information with the management and staff, BUT you MAY NOT REDISTRIBUTE OR DISCLOSE BY ANY METHOD the information to ANY PERSON OR FIRM THAT IS NOT AN ASTA MEMBER. Your use of this information constitutes your agreement that if you violate the distribution restriction set out above, you will be liable to ASTA, as liquidated damages, in the amount of $7,500.

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