US sales tax is levied in almost all 50 states, but at different rates and under different rules. If you have customers there, listen up! No matter where in the world you’re located, your business could be liable for sales tax in the US.
What is US Sales Tax?
In the United States, sales tax is a consumption tax that is theoretically only charged once, at the final purchase of the final product by the end consumer. US sales tax is not a nationwide policy, such as VAT throughout the European Union or GST in Australia. Rather than administered on a federal level, it exists at the state and local levels. States and local jurisdictions have the power to set their own tax laws and rates.
45 states and the District of Columbia collect statewide taxes. (Alaska, Delaware, Montana, New Hampshire, Oregon do not have any sales tax at all!)
38 states have some form of local tax, collected in part or all of the state.
The result is that there are thousands of taxing jurisdictions in the United States! Within those states and local jurisdictions, there are several other factors that determine whether your business is liable or not — which is to say, whether your business has nexus.
Note: There's also a use tax in the United States, used whenever sales tax isn't applicable. Though this mostly affects your customers, it's something you should be aware of, especially as a remote seller.
What is nexus?
You’ll see this word a lot. Let us break it down for you.
A “sales tax nexus” is a commercial connection in a state. When your business has nexus in a state, that means you’re liable for taxes there; you must register, start collecting, the whole rigmarole.
Though nexus has traditionally referred to a physical presence, as in a storefront or a warehouse, there are now multiple modern definitions that capture digital and remote commerce, too. These definitions generally hinge on the same set of factors.
Determining factors for sales tax nexus
Although there’s no standard policy, and no standard definition of “nexus,” the policies usually differ in the same ways. Certain characteristics come into play across the board. Understand these factors, and you’ll have an easier time understanding the nuances of any singular state’s law.
Where you’re located
Classic physical presence factor. If you have a retail space, a storage space/warehouse, an office, an employee, or any other tangible representation of your business in a state, then you’re probably required to register there.
What you sell
Sales tax policies can differ depending on what type of product you sell. Is it a physical good? Is it a physical service, or a digital service? Is it a digital item, or a digital subscription? Read more for specific guidance on SaaS, online courses, and digital products.
How you sell it
Certain marketing and selling practices constitute a nexus in some states. Do you sell from a brick-and-mortar, your website, or an online marketplace? Do you use telemarketers that call customers in a state, or do you have any affiliate businesses marketing your product in that state? These types of nexus often affect e-commerce businesses in the US.
How much you sell of it
To protect small businesses from being overtaxed (or from crippling under sheer tax compliance), most US tax laws include a tax registration threshold. When your local sales pass the threshold amount, your business is required to register for taxes.
A common tax registration threshold is 200 transactions or $100,000 in sales in the previous or current calendar year (in that particular state). If your business’ annual sales remain under the threshold amount, you do not have what’s called economic nexus, and you don’t need to worry about sales tax.
If you do surpass the threshold amount, then you better get moving on tax compliance in that state!
Note: When you don't have nexus in a state, then you may have to pay attention to their notice and report laws. These are specific tax rules for remote sellers, or any out-of-state businesses that have customers inside the state, who are not registered for sales tax. In these states, you must actively track and report on your customers’ purchases.
The Streamlined Sales Tax Agreement
Everything above is complicated, with seemingly countless variables. We aren’t the only ones who feel that way! In fact there’s an organization out there aiming to simplify and standardize the system across the United States. This godsend of a group is the Streamlined Sales Tax Governing Board.
They’ve introduced the Streamlined Sales and Use Tax Agreement (SSUTA), a comprehensive, simplified tax policy that any state government can adopt. Many already have.
23 full Streamlined member states: Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming
1 associate member state: Tennessee
This means the above states share similar tax definitions and policies. Each state still sets their own tax return intervals and filing deadlines. It’s possible to register for all of these states at once and to file simplified electronic returns via SSUTA. Check out their website to see if that makes sense for your business! Either way, they are a great resource.
US Sales Tax exemptions
Yes, there are such things as exemptions! Here’s a quick overview to pique your interest further. If you realize your sales may be eligible for tax exemption, you will need to apply for a tax exemption certificate in each state where you’re registered.
Exemption based on the type of product
Necessities such as food, medicine and clothing are often exempt. In addition, some healthcare or educational goods and services can be exempt.
Exemption based on use of the product
If the product is meant to be resold in the same form in which it’s purchased, it may qualify for a resale exemption. (Because, like we said up top, this tax should only be charged once to the final consumer.) Dropshippers should definitely look into this!
On the same note, if the item is used in the production of a final product, prior to resale, it too can be exempt. This exemption mostly applies to certain industries such as agriculture and manufacturing.
Exemption based on the type of buyer
If you’re selling to certain organizations, your products might be tax-exempt. Anything sold to the US federal government cannot be taxed. Similar exemptions often exist for state and local governments and agencies, non-profit organizations, or other licensed charitable, religious, or educational groups.
5 Steps for US Sales Tax Compliance
Once you know you have nexus in a state, here are the general next steps and best practices to ensure your business is on the ball.
Get a Federal Tax ID, a.k.a. Employer Identification Number (EIN), if necessary. You probably already have one of these, but just in case… If you’re running a business in the US, you likely need an EIN. This is how the Internal Revenue Service tracks your business’ tax activities, such as paying business income tax.
1. If you’re a US taxpayer, you can apply online and receive your EIN immediately.
2. If you’re an international applicant, the IRS website gives these instructions: “International applicants may call 267-941-1099 (not a toll-free number) 6:00 a.m. to 11:00 p.m. (Eastern Time) Monday through Friday to obtain their EIN.”For full information about the EIN, check out the IRS site for Employer ID Numbers.
Register in that state. Once you’ve registered, you’re required to comply with all parts of the tax law. To register, check the state’s tax agency website. Many states offer an online application service, some easier to use than others. (The state of New York even offers it in seven languages!)
1. You need a substantial amount of information to register for a seller's permit, including your EIN plus the personal information of any partner or other individual who’s responsible for the business.
2. Some states will issue you a state tax ID, while others will simply use your EIN.
3. Usually you’ll either receive your permit instantly, or within 10 business days. If you register via snail mail, it may take 2-4 weeks.
Note: You can register in all 24 SSUTA Streamlined states at once, with one registration process. Sounds great, but this may come with some extra tax liabilities. You’d likely end up liable for tax in some states even though you don’t have nexus there, simply because you’ve registered. Learn more on the SSUTA tax registration page.
Determine the exact locations of your customers. The exact location will determine which local taxes you need to apply, if any. Best practices for this include:
1. Collect two non-conflicting pieces of evidence that prove where the customer lives.
2. Keep record of this evidence, in case of any tax audit in the future. (Customer location evidence isn’t required by US tax law, but it’s good insurance for your business!)
Apply tax to each transaction in that state. Check if the state has origin or destination-based tax rules. This determines whether you use the rate of your nexus state, or the rate of your customer's location. Once you've confirmed that, you can calculate the right sales tax and apply it to the transaction. You'll collect the money at the time of payment.
Send proper tax invoices immediately after each sale. A tax invoice is a legal document that shows your business’ information, the customer’s information, tax IDs, tax rate, etc. Delivering airtight invoices is actually very important, since buyers can refuse to pay you until they receive a legally-compliant invoice! To be on the safe side, follow these guidelines for a proper tax invoice.
File returns on time. Another obvious point, but it’s the clincher! Just as all the other parts of tax are complicated and different across each state, so can be the tax return intervals and deadlines, and the methods of payment. But there are general steps to filing a US sales tax return. Always check the state’s tax agency website, make note of important dates, and choose the best payment method for you.
1. State agencies will want your tax return broken down by state, city, and any other local tax jurisdictions. Keep your numbers in line throughout the year to save yourself a huge headache come filing time! Quaderno's tax reports are designed for this exactly.
2. File “zero reports” if you didn’t collect anything in a certain jurisdiction where you’re registered with a tax permit. Yep, you still have to file. This is an obligatory check-in! If you want, you can contact a state agency and request to change to a “non-file” status, so you don’t need to file any returns until you sell there again.
Can a non-US business ignore sales tax?
You shouldn't. Especially with the 2018 Supreme Court decision in South Dakota vs. Wayfair, ruling in favor of state governments, these state agencies are tightening up their tax policies and cracking down on remote sellers who aren’t complying with local law. To ignore US sales tax laws would truly be risky business.
What can help you handle sales tax?
The best way to stay on top of the US sales tax system is to use a cloud-based accounting tool that automates the entire process — from charging the correct rate to collecting payment to issuing the proper invoice. All of your records are kept safely online for you, even if your computer crashes.
Quaderno handles all of this tax compliance for you, so that you can spend your time focusing on dominating the market — on bettering your product, getting to know your customers, taking care of your employees, or whatever else matters more than fretting over tax technicalities.
In fact, Quaderno can do all of the following:
Notify you when you’re about to exceed a sales threshold in any state.
Collect and store the customer location evidence that you need to get from every sale.
Create and send invoices in multiple languages and currencies.
Send tax invoices automatically.
Provide detailed, easy-to-read records and tax reports.
Alert you when tax policies or tax rates change, so that you’re always in the loop.
And that’s only how Quaderno can help with US Sales Tax. When it comes to EU VAT, GST, and others around the world, or simply everyday billing and accounting — Quaderno jumps through all the hoops for you and presents your business data in a way that’s easy to understand. Sign up for a free trial and see how Quaderno can give hours back to your week.
* At Quaderno we love providing helpful information and best practices about taxes, but we are not certified tax advisors. For further help, or if you are ever in doubt, please consult a professional tax advisor or accountant.