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Money, sales tax and addresses · A term for founders abroad

What is economic nexus?

Sales into a state above its threshold, usually $100,000 a year, which makes a seller elsewhere collect that state's sales tax with no presence there.

Read the explanation See the 2 questions

Checked against the IRS's instructions and the states' own rules. Reviewed by Saais Patel, compliance reviewer.

Topic
Money, sales tax and addresses
Questions
2 answered
Sources
4 official
Reviewed by
Saais Patel

Term 28 of 105 in the glossary, filed under E.Supreme Court: South Dakota v. Wayfair (2018)

01 · Explained

Economic nexus, for a founder abroad.

Since the Supreme Court's 2018 Wayfair decision, every state with a sales tax sets a sales threshold above which a seller elsewhere has to collect its tax. Most use $100,000 a year. California and Texas use $500,000, and New York needs both $500,000 and more than 100 sales.

Below the threshold, with no presence in the state, a seller owes it nothing. Marketplaces collect on their own sales, but in many states those sales still count toward the threshold. Once over it, you register in that state and collect from then on.

Sources: Supreme Court: South Dakota v. Wayfair (2018); California CDTFA: remote sellers after Wayfair; Texas Comptroller: remote sellers; New York Tax Department: do I need to register for sales tax?.

Read next · guide · 3 minSales tax for non-resident sellers: nexus, marketplaces, and when you actually register
02 · Questions

What founders ask next.

What is the economic nexus threshold in most states?
$100,000 of sales into the state a year. California and Texas use $500,000; New York needs $500,000 and more than 100 sales.
Does economic nexus apply to sellers outside the US?
Yes. It turns on sales into the state, not where the seller is. The sales tax guide has the details.

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