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Remote Sellers Guide To Taxes

Online Sellers Tax Guide When Selling on Amazon, E-Bay, Etsy, and more!

After the United States Supreme Court ruling in South Dakota v. Wayfair on June 21, 2018, that remote sellers should collect and remit sales and use tax to the state that has economic nexus in those states.  This means, if they are selling products for that state for an amount that certain threshold regardless of the physical presence. Many remote sellers became confused and overwhelmed with the sales tax compliance.  The following is simple guidance that may help the remote sellers to comply with the state law and clarify some ambiguous terms, procedures, and technical issues:

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Economic Nexus

Economic nexus applies when a business makes sales in a state that doesn’t have a physical presence in that state. Before South Dakota v. Wayfair, the economic nexus definition was if the seller has a physical presence in that state.
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Remote Sellers

A remote seller is a seller who sells products online for delivery to that state, out of which that he does not have a physical presence in that state. If the seller has a physical presence in the state that he delivers goods, he is not considered a remote seller, and you need to register, report and pay sales tax as a normal seller.
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Marketplace Sellers

A marketplace seller is a seller who sells the product, using a physical or virtual marketplace facilitator generally, for delivery to that state, out of which that he does not have a physical presence in that state

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Marketplace facilitator / provider

A marketplace facilitator or provider is a physical or virtual marketplace owned by a business or individual that acts as a third party between the seller, the remote seller, the marketplace seller, and the buyers to deliver the goods and collect the payments.
Marketplace facilitator can be at the same time remote seller Several marketplace facilitators such as Amazon, E-Bay, and Etsy started collecting sales tax from customers and reported and paying to the states where the delivery of goods is executed.

To mitigate the burden for remote sellers of the sales tax reporting and payments to the states, a streamlined sales tax governing board was created in March 2000 for the purpose of uniform the sales tax bases and definitions between states, as well as simplify the reporting and the payments of sales tax and guide the remote sellers for the proper applications of Bellas Hess v. Illinois and Quill Corp. v. North Dakota holdings of the U.S. supreme court.

Are you looking for an experienced CPA for Tax Advice When Selling on Amazon, E-Bay, Etsy and More? 

The following chart is guide for remote sellers – threshold to report and pay sales tax.

State Remote Seller Threshold
Alabama Sales of TPP of more than $250,000 in prior calendar year; No transaction threshold
Arizona Annual gross retail sales or income from online sales into Arizona is more than $200,000 in 2019, $150,000 in 2020 and $100,000 in 2021 and thereafter.
Arkansas Sales exceed $100,000 or 200 transactions during the current or preceding year
California The total combined sales exceed $500,000 during the preceding or current calendar year.
Colorado Taxable sales of more than $100,000 in past calendar year
Connecticut Threshold change: $100,000 or more in gross receipts and 200 or more retail transactions
District of Columbia Had in the previous calendar year or will have in the current calendar year, more than $100,000 of gross receipts from retail sales or more than 200 separate retail sales
Georgia Gross Revenue exceeding $100,000 or 200 or more separate retail sales in the previous or current calendar year
Hawaii $100,000 or more in gross income or 200 or more transactions
Idaho Sales that exceed $100,000 in the current or previous year
Illinois Either cumulative gross receipts from Illinois sales of $100,000 or more, or 200 or more separate Illinois transactions
Indiana Gross revenue exceeding $100,000 or 200 or more separate transactions in the previous calendar year or current calendar year
Iowa Gross revenue from sales of $100,000 in previous or current calendar year
Kansas Remote sellers with no physical presence in Kansas are required to collect and remit the applicable sales or use tax on sales delivered into Kansas, as provided under the constitution and laws of the United States
Kentucky Gross receipts of $100,000 or more or 200 or more sales based on previous or current calendar year sales
Louisiana Deliver more than $100,000 of goods or services into the state or engage in 200 or more separate transactions for the delivery of good or services in the state
Maine Gross revenues from Maine sales of tangible personal property, products transferred electronically, or taxable services exceeded $100,000 or at least 200 separate transactions during the current or previous calendar year
Maryland Gross revenue exceeds $100,000 or 200 or more separate transactions during the previous or current calendar year
Massachusetts Massachusetts sales exceeding $100,000 during current or previous calendar year
Michigan Taxable and non-taxable sales exceeding $100,000 or 200 or more separate transactions in the previous calendar year

Minnesota

Retail sales of more than $100,000 or 200 or more separate retail transactions in any 12 consecutive months.

Mississippi

Sales exceed $250,000 for the prior 12 months

Nebraska

Exceeds $100,000 in Nebraska retail sales or 200 or more separate transactions for delivery into NE in the prior or current calendar year

Nevada

Gross revenue from retail sales greater than $100,000 or 200 or more retail sales in the prior or current year

New Jersey

Gross revenue exceeds $100,000 or 200 or more separate transactions in prior or current calendar year

New York

Gross receipts exceed $500,000 and made more than 100 sales during preceding four sales tax quarters

North Carolina

Gross sales in excess of $100,000 or 200 or more separate transactions in previous or current calendar year

North Dakota

Taxable sales of $100,000 in previous or current calendar year

Ohio

Gross receipts greater than $100,000 or 200 or more transactions in the current or preceding calendar year.

Oklahoma

$100,000 or more in taxable sales of tangible personal property during the previous or current calendar year.

Pennsylvania

More than $100,000 in gross sales in the previous twelve months.

Rhode Island

Gross revenues of $100,000 or more or 200 or more separate transactions in the previous calendar year

South Carolina

Gross Revenue from sales exceeds $100,000 in South Carolina in the previous or current calendar year

South Dakota

Gross revenue from sales exceeding $100,000 or 200 or more separate transactions in previous or current calendar year

Tennessee

The retail sales threshold is $100,000 during the previous 12 months

Texas

Total Texas revenue of $500,000 or more in the preceding twelve calendar months

Utah

Gross revenue of more than $100,000 or more than 200 separate transactions during previous or current calendar year

Vermont

Sales of at least $100,000 or 200 individual transactions during any preceding 12 month period

Virginia

Gross Retail sales exceed $100,000 or 200 or more separate Retail transactions in the previous or current year

Washington

Gross retail sales exceeding $100,000 in preceding or current year

West Virginia

Gross sales of or exceed $100,000 or 200 or more separate transactions in the previous or current year

Wisconsin

Gross sales exceed $100,000 or 200 or more separate transactions in the previous or current year

Wyoming

Gross sales exceed $100,000 or 200 or more separate transactions in the previous or current year

 

* Source: Streamlined Sales Tax Governing Board, Inc. (2020, July 23). Remote Seller Guidelines. Streamlined Sales Tax Governing Board.
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Gross Sales

All sales and transactions executed in the state should be included in the taxable sales base for calculating the threshold.
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Taxable Sales

Only the taxable sales tax in that state should be included in the taxable sales base for calculating the threshold.
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Retail Sales

They are any sales that are executed to the customer or consumer to consume or use the product and not for resell it.

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