Sales tax for brick-and-mortar businesses
Almost all retail sales may be subject to sales tax. This means that if you own a small business that sells clothing, any time you sell an article of clothing to a retail customer, that customer is responsible for paying the necessary sales tax amount on the total cost. As the business owner, you’re responsible for keeping track of the tax you collect so that you can report it to your local and state governments.
There are, of course, exceptions to this rule. Notably, sales tax is only applicable at the final point of sale from a business to a consumer. So sales tax can only be levied against the final retail sale of an item, not against a wholesale transaction.
As a brick-and-mortar business, it’s also important to note where you’re responsible for paying sales tax. A state cannot demand that a company register to collect sales tax unless the business has a physical presence in that state.
Having a physical presence in a state is known as a nexus, which is defined as:
- An office, store, or other facility located in the state
- A business where the business owner or their employees take orders, perform services, or otherwise do business within the state’s borders
If you have any physical presence in the state, an argument can be made that you have established a nexus and thus are subject to the state’s sales tax laws.
Sales tax for online businesses
Online transactions are trickier when it comes to sales tax collection for small businesses, especially in this past year.
There are three main reasons this area is so challenging:
- Wherever you have established nexus, you must collect sales tax on sales made to residents in that state.
- Many states that charge sales tax also have a complementary “use” tax law. In these states, you have to pay use tax on any purchases made online or through a catalog where sales tax is not charged. The use tax rate is often the same as the sales tax rate, but the requirement to report use tax is on the purchaser, not the seller.
- In June 2018, the US Supreme Court upheld a South Dakota law that reversed the long-standing physical presence requirement for nexus. Now, sellers with an economic presence in states where they sell online have a nexus. This also means that they are required to collect sales tax and pay it to the state.
If you’re an online business, collecting internet sales tax can be equally confusing and overwhelming.
Here are a few terms and rules you should know about:
- Origin-based sales tax: Sales tax collected by the seller based on where the seller is located. Origin-based sales tax is imposed in 12 states: Arizona, California, Illinois, Mississippi, Missouri, New Mexico, Ohio, Pennsylvania, Tennessee, Texas, Utah, and Virginia.
- Destination-based sales tax: Sales tax collected by the seller based on where the buyer is located.
- Tax rules for remote sellers: Remote sellers are defined as sellers that do not have a physical presence. Remote sellers are subject to specific guidelines and thresholds that vary by state. Check with your state’s Department of Revenue to locate your sales tax rules.