Sales Tax Nexus Guide for E-Commerce — State Rules After Wayfair (2026)
Key Takeaways
Post-Wayfair, most states require sales tax collection at $100K sales or 200 transactions threshold. Amazon FBA creates physical nexus. Marketplace facilitators handle tax for marketplace sales.
Quick Answer
After the 2018 South Dakota v. Wayfair Supreme Court decision, states can require online sellers to collect sales tax even without physical presence. Most states now have economic nexus thresholds — typically $100,000 in sales or 200 transactions per year.
What is Sales Tax Nexus?
Nexus is a sufficient connection between a business and a state that requires the business to collect and remit sales tax. There are two types:
Physical Nexus
- Office, warehouse, or store in the state
- Employees working in the state
- Inventory stored in the state (including FBA warehouses!)
- Attending trade shows
Economic Nexus (Post-Wayfair)
- Exceeding the state's sales threshold
- Based on gross sales or number of transactions into the state
- No physical presence required
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Economic Nexus Thresholds by State (2026)
| State | Sales Threshold | Transaction Threshold | |---|---|---| | California | $500,000 | — | | New York | $500,000 | 100 transactions | | Texas | $500,000 | — | | Florida | $100,000 | — | | Pennsylvania | $100,000 | — | | Illinois | $100,000 | 200 transactions | | Most other states | $100,000 | 200 transactions | | No sales tax | AK, DE, MT, NH, OR | — |
⚠️ Amazon FBA Sellers: Inventory stored in Amazon fulfillment centers creates physical nexus in those states, regardless of economic nexus thresholds!
Marketplace Facilitator Laws
Most states now require marketplace facilitators (Amazon, eBay, Etsy, Walmart) to collect and remit sales tax on behalf of third-party sellers. This means:
- If you ONLY sell through marketplaces → the marketplace handles sales tax
- If you sell through your own website → YOU must handle sales tax
- If you sell through both → mixed responsibility
Steps to Sales Tax Compliance
- Determine nexus — Where do you have physical or economic nexus?
- Register — Get sales tax permits in nexus states
- Configure collection — Set up your e-commerce platform to collect correct rates
- File returns — Monthly, quarterly, or annually per state requirements
- Remit tax — Pay collected taxes to each state
Frequently Asked Questions
Do I need to collect sales tax in every state?
No — only in states where you have nexus (physical or economic). If you're below the threshold in a state, you don't need to collect there. Five states have no sales tax at all.
What about SaaS and digital products?
Tax rules for digital products vary significantly by state. Some states tax all digital goods, some tax only certain categories, and some don't tax digital products at all. Check each state's specific rules.
What software helps with sales tax compliance?
Popular options: TaxJar, Avalara, Vertex. These integrate with e-commerce platforms and automate rate calculation, collection, filing, and remittance across all states.
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Frequently Asked Questions
What is economic nexus for sales tax?
Economic nexus means a state can require you to collect sales tax based on your sales volume into that state, even without physical presence. Most states use $100,000 or 200 transactions as the threshold.
Do Amazon sellers need to worry about sales tax?
Yes. Amazon collects marketplace sales tax, but FBA sellers have physical nexus in states where Amazon stores their inventory. You may need permits in those states.
Disclaimer
This article is for educational purposes only and does not constitute professional legal, tax, or financial advice. The information provided is based on US federal and state regulations which may change over time. We are not a licensed CPA firm or law office. Please consult a qualified professional for specific advice related to your situation.
Information based on current US federal tax law. State rules may vary. Consult a CPA for specific advice.
