Sales Tax Nexus
The level of connection between a business and a state sufficient to require the business to collect and remit sales tax in that state.
FAQs
What happens if I have nexus in a state but haven't been collecting sales tax?
You may have a back-tax liability plus interest and penalties. The Voluntary Disclosure Agreement (VDA) program available in most states allows businesses to come forward proactively and receive a limited lookback period (typically 3 years vs. the normal 6–8 years) and waiver of penalties. Consult a sales tax specialist before self-disclosing.
Does SaaS have sales tax nexus obligations?
Yes, increasingly. Many states now tax SaaS as a digital service or specified digital product, though taxability varies significantly by state. A SaaS company with economic nexus in a state that taxes SaaS must collect sales tax from customers in that state. States like New York, Texas, and Pennsylvania tax SaaS; others like California generally do not.
Does using Amazon FBA create nexus in every state where Amazon stores inventory?
Yes — inventory stored in a third-party warehouse (including Amazon fulfillment centers) typically creates physical nexus in that state. Since Amazon distributes FBA inventory across fulfillment centers in many states, FBA sellers may have physical nexus in 20+ states based solely on Amazon's storage decisions, independent of economic nexus thresholds.
Related Terms
Economic Nexus
A sales tax obligation trigger based on the dollar value or number of transactions in a state, regardless of physical presence, established after South Dakota v. Wayfair (2018).
Value Added Tax
A consumption tax levied at each stage of production and distribution, collected by businesses on behalf of the government throughout the supply chain.
Goods and Services Tax
A broad-based consumption tax applied to most goods and services, similar to VAT, used in Canada, Australia, India, Singapore, and other countries.