What Is Economic Nexus and How Does It Impact Your Business?
Economic nexus, also known as sales tax nexus, refers to the legal requirement for businesses to collect and pay sales tax in states where they meet specific sales or transaction thresholds. These companies must pay such taxes even if they don't have a physical presence in these states. This idea gained traction after the 2018 Supreme Court decision in South Dakota v. Wayfair, Inc., which allowed states to require sales tax collection from out-of-state sellers based solely on their economic activity.
Understanding the Wayfair Ruling and Economic Nexus Thresholds
Before 2018, the rule was simple. You only had to collect sales tax in states where you had a physical presence, whether that presence be a store, office, or warehouse. The Wayfair ruling changed everything. Now, if your company hits certain thresholds in a state, you're on the hook for sales tax. For example, South Dakota's law requires you to collect sales tax if you have:
200 or more transactions in the state during the previous year, or
Sales totaling $100,000 or more during the previous year.
Many other states have adopted similar thresholds, though they can vary slightly. For example, New York has a threshold of $500,000 and 100 or more sales transactions, while Mississippi has a threshold of $250,000 and no minimum sales transactions. That's why knowing the sales tax thresholds in every state where you do business is crucial.
What Are Common Mistakes in Multi-State Sales Tax Compliance?
With multiple states, varying thresholds, and constantly changing laws, it's easy for entrepreneurs to make mistakes. Unfortunately, noncompliance can lead to hefty penalties, audits, and damage to your reputation. Let's look at a few mistakes that can lead to penalties.
Ignoring Economic Nexus Triggers
A common mistake entrepreneurs make is not monitoring their sales or transaction volumes. Many small businesses wrongly assume that the economic nexus only applies to larger companies. However, if you sell high-demand products, you might easily cross a state's threshold.
Incorrectly Calculating Sales Tax
Sales tax rates differ by state, county, and city. Miscalculating the sales tax due can result in undercharging or overcharging customers. Undercharging leaves you responsible for back taxes, while overcharging can irritate customers and harm your reputation.
Failing to Register in States Where You Have a Nexus
Once you hit a state's economic nexus threshold, you must register for a sales tax permit before legally collecting sales tax. Not registering can result in fines or audits, so stay ahead of these requirements.