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Internet sales tax is a tax on Internet-based services. For many years, states argued that they were losing money by not collecting sales tax on Internet sales. On June 21, 2018, the U.S. Supreme Court changed the rules for collecting sales tax by Internet-based retailers stating that individual states can require online sellers to collect state sales tax. Any individual who sells products online should be aware of the different laws in different states. The provisions set by the states are called “Remote Seller Nexus” and vary between states. There are four different types of Nexus according to the Sales Tax Institute: Click-Through Nexus, Affiliate Nexus, Marketplace Nexus, and Economic Nexus.
Additionally, Notice and Reporting Requirements require retailers to notify buyers that they must pay and report state use tax on purchases.
Forty-five states and the District of Columbia have internet sales tax. The following states do not have an Internet sales tax: Alaska, Delaware, New Hampshire, Montana, and Oregon. Below are each state’s enacted Internet sales tax provisions. The proposed legislation is not included.
Affiliate Nexus
State | Taxation Threshold | Alternate Threshold Or Additional Requirements | Includable Sales | Marketplace Sales Inclusion | Measurement Date | Online Registration Deadline Once Threshold Is Exceeded |
---|---|---|---|---|---|---|
California | $500,000 | Gross TPP | Included | Preceding or current calendar year | The day you exceed the threshold | |
New York | $500,000 | and also 100+ transactions | Gross | Included | Immediately preceding four sales tax quarters | Register within 30 days after meeting the threshold and begin to collect tax 20 days thereafter |
Texas | $500,000 | Gross | Included | Preceding twelve calendar months | The first day of the fourth month after the month in which the seller exceeded the safe harbor threshold | |
Alabama | $250,000 | and also "specified activities" | Retail | Excluded | Previous calendar year | January 1 after the threshold is exceeded |
Mississippi | $250,000 | Gross | Excluded | Prior 12-month period | Next transaction | |
Alaska | $100,000 | or 200+ transactions | Gross | Excluded | Previous calendar year | The first day of the month following 30 days from adoption by the city or borough |
Arizona | $100,000 | Gross | Included | Previous or current calendar year | The seller must obtain a TPT license once the threshold is met and begin remitting the tax on the first day of the month that starts at least thirty days after the threshold is met. Taxes are paid for the remainder of the current year and the following calendar year | |
Arkansas | $100,000 | or 200+ separate transactions | Taxable | Excluded | Previous or current calendar year | Next transaction |
Colorado | $100,000 | Retail | Excluded | Previous or current calendar year | The first day of the month after the ninetieth day in which the retailer made retail sales in the current calendar year that exceeded $100,000 | |
Connecticut | $100,000 | or 200+ transactions | Retail | Included | 12-month period ending on September 30 | October 1 of the year in which seller crossed the threshold on September 30 |
District of Columbia | $100,000 | or 200+ transactions | Retail | Included | Previous or current calendar year | Next transaction |
Florida | $100,000 | Taxable | Excluded | Previous calendar year | Next transaction | |
Georgia | $100,000 | or 200+ transactions | Retail | Excluded | Previous or current calendar year | Next transaction |
Hawaii | $100,000 | or 200+ transactions | Gross | Included | Current or immediately preceding calendar year | The first of the month following the month in which the threshold is met |
Idaho | $100,000 | Gross | Included | Previous or current calendar year | Next transaction | |
Illinois | $100,000 | or 200+ transactions | Retail | Excluded | Preceding 12-month period | The retailer shall determine every quarter whether they meet the criteria for the preceding 12-month period |
Indiana | $100,000 | or 200+ transactions | Gross | Excluded | Calendar year in which the transaction is made or previous year | Immediately upon reaching the threshold |
Iowa | $100,000 | Gross | Included | Current or immediately preceding calendar year | The first day of the following calendar month that starts at least 30 days from the day the remote seller first exceeded the threshold | |
Kansas | $100,000 | Gross, Taxable (Marketplace only) | Included | Current calendar year | Next transaction | |
Kentucky | $100,000 | or 200+ transactions | Gross | Included | Previous or current calendar year | First of the calendar month that is at the most 60 days after either threshold is met |
Louisiana | $100,000 | or 200+ transactions | Gross | Excluded | Previous or current calendar year | Within 30 days of exceeding the threshold, the seller must submit an application to the Louisiana Remote Seller Commission and must begin collecting state and local sales and use tax based upon actual applicable bases and rates on sales for delivery into Louisiana within 60 days |
Maine | $100,000 | Gross | Excluded | Previous or current calendar year | Next transaction | |
Maryland | $100,000 | or 200+ transactions | Gross | Included | Previous or current calendar year | First day of the month following when the threshold is met |
Massachusetts | $100,000 | Gross | Excluded | Preceding calendar year | If exceeding the threshold by Oct. 31, register as of January 1 the following year. If exceeding the threshold between Nov. 01 and Dec. 31, register on the first of the month following two months after exceeding the threshold | |
Michigan | $100,000 | or 200+ transactions | Gross | Included | Previous calendar year | January 1 following the year the threshold is exceeded |
Minnesota | $100,000 | or 200+ transactions | Retail | Included | 12-month period ending with the most recent complete quarter | On the first taxable retail sale into Minnesota that occurs no later than 60 days after you exceed the Small Seller Exception |
Missouri | $100,000 | Taxable | Previous 12-month period | Not more than three months following the close of the preceding calendar quarter | ||
Nebraska | $100,000 | or 200+ transactions | Retail | Included | Previous or current calendar year | The first day of the second calendar month after the threshold was exceeded |
Nevada | $100,000 | or 200+ transactions | Retail | Included | Previous or current calendar year | By the first day of the calendar month that begins at least 30 calendar days after they hit the threshold |
New Jersey | $100,000 | or 200+ transactions | Gross | Included | Previous or current calendar year | Next transaction |
New Mexico | $100,000 | Taxable | Marketplace | Previous calendar year | January 1 following the year the threshold is exceeded | |
North Carolina | $100,000 | or 200+ transactions | Gross | Included | Previous or current calendar year | Next transaction |
North Dakota | $100,000 | Taxable | Marketplace | Previous or current calendar year | The following calendar year or 60 days after the threshold is met, whichever is earlier | |
Ohio | $100,000 | or 200+ transactions | Retail | Included | Previous or current calendar year | The day after meeting or exceeding the threshold |
Oklahoma | $100,000 | Taxable | Marketplace | Preceding or current calendar year | The first calendar month following the month when the threshold is met | |
Pennsylvania | $100,000 | Gross | Included | Prior calendar year | April 1 following the calendar year when the threshold was exceeded | |
Rhode Island | $100,000 | or 200+ transactions | Gross | Included | Immediately preceding calendar year | January 1 following the year the threshold is exceeded |
South Carolina | $100,000 | Gross | Included | Previous or current calendar year | The first day of the second calendar month after economic nexus is established | |
South Dakota | $100,000 | or 200+ transactions | Gross | Included | Previous or current calendar year | Next transaction |
Tennessee | $100,000 | Retail | Excluded | Previous 12-month period | The first day of the third month following the month in which the dealer met the threshold | |
Utah | $100,000 | or 200+ transactions | Gross | Excluded | Previous or current calendar year | Next transaction |
Vermont | $100,000 | or 200+ transactions | Gross | Included | Prior four calendar quarters | First of the month, after 30 days from the end of the quarter that you exceed the threshold |
Virginia | $100,000 | or 200+ transactions | Gross | Excluded | Previous or current calendar year | Next transaction |
Washington | $100,000 | Gross | Included | Current or preceding calendar year | The first day of the month that starts at least 30 days after you meet the threshold | |
West Virginia | $100,000 | or 200+ transactions | Gross | Included | Preceding or current calendar year | Next transaction |
Wisconsin | $100,000 | Gross | Included | Previous or current calendar year | Next transaction | |
Wyoming | $100,000 | or 200+ transactions | Gross | Excluded | Previous or current calendar year | Next transaction |
Delaware | none | State does not charge tax on internet sales |