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Sales tax nexus for online sellers

Sales Tax · Online Sellers

Sales tax nexus for online sellers: do you need to register in other states?

Before 2018, a seller with no store or staff in a state could ignore its sales tax. Today, a few thousand orders can make you a sales-tax collector in a state you have never visited. Here is how nexus works, where the thresholds sit in 11 major states, and a checker to see where you stand.

Landmark ruling
Wayfair, 2018
Most common dollar threshold
$100,000
Highest of the 11 states checked
$500,000
Who sets the rules
Each state

Sales tax is a state-and-local tax. There is no federal sales tax, no single national rulebook, and no “USA sales tax number”. Each state decides whether you must collect tax from its customers, and each decides on its own terms. The legal word for the connection that gives a state that power is nexus.

If you sell online — from your own website, Shopify, Amazon, Etsy, eBay or all of them — this is one of the few tax questions where growth itself creates the obligation. It is written on November 4, 2026, which matters: the holiday rush is exactly when sellers quietly cross thresholds.

Two ways to create nexus 1. Physical presence. Stock, people, property or activity in the state. Even one of them can be enough.
2. Economic presence. No physical footprint, but your sales into the state pass a dollar and/or transaction threshold.

How we got here: Wayfair

For 26 years, Quill Corp. v. North Dakota (1992) said a state could make a business collect its sales tax only if the business had a physical presence there. In South Dakota v. Wayfair, Inc. (June 21, 2018; 585 U.S. 162), the Supreme Court held that “the physical presence rule of Quill is unsound and incorrect,” and overruled it.

The case involved a South Dakota law that applied to sellers delivering more than $100,000 of goods or services into the state or engaging in 200 or more separate transactions a year. The Court pointed to features that made the law reasonable: a safe harbour for sellers with limited South Dakota business, no retroactive application, and South Dakota’s membership of the Streamlined Sales and Use Tax Agreement. It also said that other Commerce Clause questions “have not yet been litigated or briefed.” In short: states may require out-of-state sellers to collect tax, but the Court did not publish a national threshold. States copied the South Dakota model, then adjusted it.

Wayfair didn’t remove physical nexus; it added to it. Where a business has a physical presence, it generally has to register and collect regardless of sales volume (Ohio’s Department of Taxation says so in terms). State lists differ, but they typically include:

  • an office, store, warehouse, distribution site or other place of business — permanent or temporary;
  • employees, agents, independent contractors or other representatives working in the state;
  • owning, renting or leasing real or tangible property there;
  • assembling, installing, servicing or repairing products in the state, or delivering goods in your own vehicle.

Florida’s and Illinois’s guidance both contain lists of this kind, and Illinois adds referral and commission contracts with Illinois residents that produced more than $10,000 of income in the prior year.

Inventory in someone else’s warehouse is the trap. Stock held in a state is the classic physical-presence trigger, and it can be held there without your choosing: some marketplace fulfilment programmes spread your inventory across many states. Rules differ: Illinois says that inventory used only to fulfil marketplace sales (where the seller isn’t responsible for the tax) does not create physical presence, but that if the same inventory also fulfils your sales outside the marketplace, it does. Don’t assume your state of choice follows that rule; check the inventory-location report your platform gives you.

Try it: the nexus checker

Pick a state, then enter your sales into it for the period the state measures. The checker compares them with that state’s published threshold and flags physical presence separately.

Sales tax nexus checker Thresholds as published by each state in November 2026 — a guide, not advice.
Physical presence in that state
Details for this state
    Limits of this tool. It compares the figures you type with one published threshold per state. It cannot tell what the state counts as a sale (see the notes in the results), whether your marketplace sales count, how related businesses are aggregated, or whether the state changed its law after November 2026. It doesn’t cover states other than the 11 listed unless you enter the threshold yourself, nor local taxes. It flags you at the threshold, which is deliberately cautious. Always confirm with the state.

    A practical plan for online sellers

    1
    Pull sales by destination state
    Export orders from every channel, with ship-to state, order total and date. Include marketplace sales and exempt sales — different states count different things.
    2
    Map your physical footprint
    Where is your stock, and where do your people work? Get the inventory-location report from any fulfilment service you use.
    3
    Compare to each state’s rule
    Use the state’s own threshold and measuring period. Look at the current year too, not only last year.
    4
    Set a watch line below the threshold
    A common approach is to flag any state at about 80% of its threshold, so registration is planned rather than rushed.
    5
    Register, collect, file
    Turn on collection in your shop software for that state, and file on the state’s schedule.
    6
    Deal with the past
    If you crossed a threshold earlier, look at voluntary disclosure before the state contacts you.
    I only sell on Amazon or Etsy. Do I need to do anything?

    Possibly not for collection, because the marketplace collects and remits on facilitated sales. But sellers can still have registration and reporting duties: in California, sales through a marketplace count toward the $500,000 threshold, and sellers with direct sales or over the threshold generally need to register unless every California delivery is handled by a facilitator acting as the retailer. Check each state where you hold inventory or have direct sales.

    What if I sell in a state without sales tax?

    Delaware, Montana, New Hampshire and Oregon have no state sales tax, and Alaska has none at state level, though many Alaska localities levy their own. Those states don’t generate collection duties of the kind discussed here, but each state’s other business taxes are a separate question.

    My customer didn’t pay tax to me. Do they owe it?

    Usually, yes: where a seller doesn’t collect, the buyer generally owes use tax to the state. Massachusetts, for example, tells residents their online seller not collecting doesn’t mean they owe nothing. That doesn’t relieve a seller who should have collected, though.

    Common mistakes

    • Treating one threshold as national. $100,000 and 200 transactions was South Dakota’s law, not everyone’s. California and Texas are at $500,000, New York needs both $500,000 and 100 sales, and Illinois no longer has a transaction test.
    • Forgetting physical presence. A few cartons in a state-based warehouse can create nexus at $0 of sales.
    • Checking only last year. Several states test the current year as well.
    • Assuming the marketplace has you covered. Direct sales are yours, and marketplace sales may count toward the threshold.
    • Collecting without registering. Tax collected without a permit is a problem; register first, then collect.
    • Ignoring the quiet months. A Q4 spike is the most common way sellers cross a threshold without noticing.
    One sentence to remember Nexus is decided state by state: stock or people there, or sales past that state’s own threshold, and the right time to find out is before you cross the line, not after.
    Sources (primary & official). South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018) (opinion of the Court, June 21, 2018). California Department of Tax and Fee Administration: Use Tax Collection Requirements Based on Sales into California Due to the Wayfair Decision; Tax Guide for Marketplace Facilitator Act. Texas Comptroller: Remote Sellers. New York Department of Taxation and Finance: Registration requirement for businesses with no physical presence in New York State. Florida Statutes §212.0596; Florida Department of Revenue: Information for Out-of-State Businesses. Washington Department of Revenue: Remote sellers. Illinois Department of Revenue: Bulletin FY 2026-12 and PIO-125. Pennsylvania Department of Revenue: Online Retailers. Ohio Department of Taxation: Sales and Use Tax — Substantial Nexus and Marketplace Facilitator FAQ. New Jersey Division of Taxation: Remote Sellers. Massachusetts Department of Revenue: Remote Seller and Marketplace Facilitator FAQs. Virginia Department of Taxation: Remote Sellers, Marketplace Facilitators, Economic Nexus. We checked these pages in November 2026. Georgia and other states are not in the checker because we did not verify them first-hand. The five states with no statewide sales tax and the use-tax point rest on general knowledge and the Massachusetts guidance, not a state-by-state check.
    Disclaimer. This article and the accompanying checker are provided by Zohair & Co. Global Accountants for general information and educational purposes only, and reflect our understanding of state sales and use tax rules as published by the relevant revenue departments in November 2026. They are not legal, tax or accounting advice, do not create a client relationship, and must not be relied upon for any specific registration or filing position. State thresholds, measuring periods, definitions and start dates change often and differ from state to state; the checker is a simplified guide and its result is not a determination that you do or do not have nexus. Please consult a qualified professional before acting, and refer to the state’s own statutes, regulations and guidance as authoritative.
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