2025_Sales_Tax_Preparedness
2025_Sales_Tax_Preparedness
2025_Sales_Tax_Preparedness
03 Introduction
09 Step 1
Determine where you have sales tax nexus
14 Step 2
Verify if your products are taxable
16 Step 3
Register for a sales tax permit
19 Step 4
Set up sales tax collection on your online shopping carts and marketplaces
24 Step 5
Report how much sales tax you collected
25 Step 6
File your sales tax returns
Introduction
In this Sales Tax
Managing your sales tax responsibilities can be a daunting task. Preparedness Guide
With over 46 different sales tax nexus laws, 11,000 taxing jurisdictions, you’ll learn:
and the constantly changing regulations, there’s a lot to track.
1. W hat is sales tax
2. S ales tax trends and
To help with this, we’ve created a step-by-step guide that outlines six changes for 2023
steps to sales tax compliance in 2023. We’ll walk you through the different 3. 6 steps to sales tax
components of sales tax compliance, beginning with an overview of compliance
4. H ow to automate sales tax
nexus and product taxability, and share some new state sales tax laws and
with TaxJar
trends to be aware of as we head into 2023. Whether you are new to sales
tax or have just passed a nexus threshold in a new state, this guide can
help you stay compliant as your business grows.
Since sales tax management can be a challenging process, we’ll show you
how to make it more efficient and accurate with new automation tools.
Automation can help you spend 2023 focusing on more important things,
like growing your business.
Sales tax is governed at the state level, which means each state gets
to make its own rules and laws — within the framework of the U.S.
Video: The Basics of Sales Tax in the U.S.
Constitution — when it comes to administering sales tax. This is part of
the reason sales tax compliance can be so complex. For a business selling
in multiple states, they have to be aware of all the different sales tax laws
and keep up with when sales tax is due in each state.
Some aspects of sales tax that can vary from state to state include:
Sales tax fact:
• Which products and services are taxable
• How much sales tax is charged You can easily remember the
four states with no state sales
• When and how often businesses are required to file sales tax returns tax by remembering their
initials, NOMD: New Hampshire,
• Sales tax returns due dates
Oregon, Montana, and
• If the state allows local areas to collect sales tax, too Delaware.
States with local sales tax rates States with no local sales tax rates States with no sales tax
services are introduced into the economy. The tax code is written with what is
currently offered to consumers at the time. As new products and services are
introduced, sales tax proposals are introduced to include these offerings — but
rising inflation and pandemic-related issues. While sales tax is not the only way for
states to bring in revenue, it is an important one. One way for states to ensure they
KS
are optimizing their sales tax revenue potential is to modernize their tax code. Like
we’ve begun to see in services and SaaS products, states are starting to evolve
to the modern economy, and we believe we’ll see big changes in the taxability of
diapers, and feminine hygiene products, and the majority of US states exempt
these purchases from sales tax or charge sales tax at a lower rate.
I 6
Trends & Changes
However, despite these items being necessities, there are still states that charge
the full sales tax rate on items in this category, including groceries and feminine
hygiene products.
Maybe not for long though. Over the last year, a few states, like Louisiana and
Michigan, have decided to exempt feminine hygiene products from sales tax. And
the momentum will continue into 2023. Colorado and Iowa will also eliminate
sales tax on these goods as of January 1, 2023. In addition, states are beginning to
remove sales tax on grocery items. Alabama, Kansas, and Oklahoma have intro-
duced sales tax measures that would decrease or remove the sales tax on grocery
items in 2023. We expect to see more states follow these trends in the new year.
some states, like Alabama and Arizona, the home rule system makes it even more
difficult to stay compliant. These cities can define their own tax rules and sellers
– and are taking action. In 2022, two states, Colorado and Louisiana, were sued
commerce. While these cases are still ongoing, we’re interested to see if any
Diane Yetter, founder of the Sales Tax Institute, spoke about these hardships
during a senate hearing earlier this year. She explained how these elaborate
filing requirements are especially damaging for small businesses, who might not
have the resources to maintain compliance in certain states. We’re hoping these
lawsuits will force states to create a streamlined process, enabling more business-
Step 1
In the U.S., retailers are required to collect sales tax from buyers in states
where they have “sales tax nexus.” "Nexus" originates from a Latin word
meaning "to bind" or "to tie." If you have sales tax nexus, think of your
business as having a "tie" to the state.
There are two different types of sales tax nexus, or in other words, two
different ways you can meet the requirements to collect and remit sales
tax to a state. Physical nexus is just that, a physical connection to a state.
Examples of physical nexus (also sometimes referred to as “physical
presence”) include employees, offices, stores, warehouses, conference Video: What is economic nexus?
attendance, servers, etc.
Physical Presence
The following business activities may create sales tax nexus through
physical presence:
Economic Nexus
Meeting State Sales
While physical nexus (or physical presence) is fairly self explanatory, Tax Requirements:
economic nexus is a bit more complicated. Essentially, economic nexus is
an economic tie to a state. So if a company has economic nexus in a state, 1. D
etermine if your business
that means their sales or transactions into a state triggered the state’s has physical presence or
economic nexus in a state
economic nexus thresholds. This is a fairly new concept -- prior to June
2018, sales tax nexus just consisted of physical nexus. Then, a landmark 2. Register your business
Now, not only does physical presence or activity trigger nexus, but
economic activity in a state can create sales tax nexus as well. Even if
you don’t have a physical presence in a state, if you pass the economic
threshold for total revenue or transactions in a state, you’re legally
required to collect and remit sales tax to that state.
States can set their own thresholds based on sales and/or transactions,
so it’s important to follow each state’s laws to know when and where you
have nexus.
Nexus
Your business has a presence
in a state significant enough
that you’re required to comply
with state sales tax law
No Nexus
No nexus in a state means
you don’t have to collect
No legislation yet
If you answered yes to any of these questions, explore where you have
sales tax responsibilities by learning about each state's sales tax nexus
laws.
Remember: Collect sales tax from ALL buyers in states where you
have sales tax nexus. (Unless a marketplace collects on your behalf.)
Nexus is slightly different in every state, so check with the state or a sales
tax expert if you are not sure whether you have nexus.
Nexus
After you’ve determined you have sales tax nexus in a state, you’ll also
want to check to see if any of those states have passed marketplace
facilitator laws. States which have active marketplace facilitator laws
require the marketplace facilitator, such as Amazon or Walmart,
to collect sales tax on your behalf.
The caveat, however, is that you’re still liable for collecting on sales
when selling via other channels, such as a brick and mortar store
or through your business website. It’s a good idea to keep up with
evolving marketplace facilitator laws to know which platforms collect
when and where.
Step 2
For instance, in New York, only clothing priced under $110 is exempt from
state sales tax. However, clothing may not be exempt from local sales tax.
In Illinois, grocery items are taxable, but they are only taxable at a reduced
rate of 1%. You can read more about product taxability here.
• Grocery food
• Clothing
• Certain books (textbooks, religious books, etc.)
• Prescription and nonprescription medicine
• Supplements
• Magazines and subscriptions
• Digital products (books, music, movies, etc.)
This is not a complete list, so keep in mind that some states may exempt
other types of items. If you sell any of these items, check with your state
to determine if you should collect sales tax on your products.
If the items you are selling are not taxable, then you are not required to
collect sales tax on those items.
Every state is
slightly different
3
Step 3
Now that you have determined you have sales tax nexus in a state and
that the products you sell are taxable in that state, your next step is to
legally collect sales tax by registering for a state sales tax permit.
When filing online, you will sometimes receive your sales tax permit
number instantly, though with some states it will take up to 10 business
days. If you register on paper, it may take two to four weeks to receive
your sales tax permit.
This is a crucial step! It is unlawful to collect sales tax from buyers without
a valid sales tax permit. While collecting sales tax without a valid permit
may be an honest mistake on a business’s part, states generally view this
as tax fraud and take it very seriously.
When they send your sales tax permit, the state will also assign you a
sales tax filing frequency and due date.
Due dates will fall on a different day of the month depending on the state.
In most states, sales tax is due by the 20th day of the month following the
taxable period.
However, states reserve the right to set their own due dates. Sometimes
sales tax is due on the 15th of the month, the last day of the month, the
25th of the month or even on some other date. High-volume businesses
may also be assigned a different sales tax filing due date.
Pro Tip: Some businesses have had success asking the state to allow
them to file sales tax less often. You can try this yourself by calling the
state’s taxing authority. Find the best phone number to contact each
state’s sales tax department. To avoid long hold times, we recommend
calling in non-quarterly months.
Resale certificates
Remember:
In most states, your sales tax permit also serves as a resale certificate.
If you hold a valid sales tax permit with the state, you can buy from In general, the more sales tax
a business collects in a state,
wholesalers, and also often buy items tax-free at retail as long as you
the more often the state wants
intend to resell the items. Each state is a little different when it comes to the business to file a sales
how you can use and accept a resale certificate as a retailer. tax return. The states use this
money to pay for budget items
like schools and roads. Thus,
• Read our Resale Certificate FAQ. they want to pocket the sales
• See resale certificate rules for each state. tax businesses have collected
as soon as they can!
• H
as one of your buyers presented you with a resale certificate?
You can verify the authenticity of their resale certificate here.
• Looking for information on how to obtain a resale certificate? Example:
Here’s how to do that in each state.
The monthly taxable period in
Colorado is January 1-31. Your
Colorado monthly sales tax
return for January would be due
by February 21.
Step 4
Once you have your valid sales tax permit, your next step is to begin
collecting sales tax from your customers.
Each online shopping cart and marketplace allows you to set up sales tax
collection. Here’s where you can find guides on how to set up sales tax
collection on the major shopping carts and marketplaces.
This type of sales tax collection is simple. You’re only required to know
and charge a single sales tax rate to all buyers in the state.
The Irving sales tax rate should be applied to this transaction: 8.25% The examples only apply when
selling to buyers in a state
State: Irving County: Dallas MTA: Total Rate Collected where your business is based.
6.25% + 1% + 1% = 8.25% If you have nexus in a state
for another reason — such
as having employees there,
inventory stored there, or
attending a tradeshow there
Destination-based sales tax collection — then charging sales tax is
different.
Online sellers who are based in states with destination-based sales tax
In many cases, when selling to
sourcing are required to charge the sales tax rate at the buyer’s “ship to”
a buyer outside your “home”
address. state, you would charge that
buyer the sales tax rate at their
As a seller, you are required to calculate and charge the state, county, city “ship to” location. This can
get a little tricky, but you can
and other local sales tax rates where your buyer is located. Most states
read more about origin and
have destination-based sales tax collection. destination-based sales tax
collection here
here..
The Buffalo sales tax rate should be applied to this transaction: 8.75%
4% + 4.75% = 8.75%
Note: In e-commerce, the point of sale is generally your buyer’s “ship to”
address. Always follow sales tax rules and laws in the state where your
buyer is located. Never charge a customer another state’s sales tax.
Example: A seller has nexus in Florida and Texas. That seller would never
charge a Texas sales tax rate to a Florida customer.
Origin
Destination
No sales tax
Invoice
But now Taylor is selling the same items for the same price, but she
is not required to collect sales tax on the shipping charges. She only Mug $10.00
Shipping $5.00
charges the 5% sales tax on the $10 price of the mug. So, the total price
Subtotal $15.00
of the mug is $10.50 ($10 + 5% sales tax.) She then adds the $5 shipping
charge. The total amount the customer pays is $15.50. Sales Tax $00.75
Total $15.75
Here’s a list of states where shipping is considered taxable Shipping is not taxable
and non-taxable. $10.00 x 5% sales tax =
$10.50 + $5.00 =
$15.50
Invoice
Mug $10.00
Sales Tax $0.50
Subtotal $10.50
Shipping $5.00
Total $15.50
You sell phone cases on your website, but use a third-party printing
company to print your design on the cases and ship them to your
02
A third-party printing
customer.
company prints your
designs onto the
In this example, three things are happening:
phone cases
In this case, if your vendor has nexus in your state, they’ll be required to
charge you sales tax on that purchase. Unless you present them with a
03
After printing,
resale certificate stating that the item you bought from them is for resale.
they ship the item to
And if your customer is in a state where you have nexus, then you’ll be
your customer
required to charge sales tax to your customer.
You can read more about drop shipping and sales tax. This post walks
you through several scenarios to help you determine who charges sales
tax. It will also explain how to use a resale certificate to buy items for
resale without paying sales tax to your vendor.
Key points
to remember:
Step 5
Step 6
For example, while the sales tax due date in Florida is technically the
20th of the month after the taxable period, Florida requires that a seller
pays via electronic funds transfer (EFT) and that his payment hits their
bank account by that date. So, to file “on time” in Florida, the seller
needs to know how much he owes, and transmit his funds to the Florida
Department of Revenue several days before the stated due date.
Failing to file on time in Florida will result in a $50 fine, plus interest on the
outstanding amount of sales tax owed. Other states have similar fines,
and require sellers to pay interest when filing late.
If a seller is accidentally late filing and receives a penalty, then the seller
can often contact the state’s taxing authority and ask for a penalty waiver.
This generally only works the first time a seller is late. You can find here
the list of phone numbers for every state’s taxing authority. (Even
though we live in the digital age, many states prefer that you call rather
than ask for help online.)
TaxJar's AutoFile is our automatic electronic filing service for state sales
tax, built on best-in-class technology. Once enrolled in a particular state,
we’ll use the data that we receive from your e-commerce platforms or
ERP systems to prepare and submit an accurate return along with your
remittance. TaxJar manages all your filing details and deadlines, scaling up
as you grow, so you can focus on the big picture.
Make 2023 the year you streamline your sales tax compliance.