What is Sales Tax Nexus?
Sales tax nexus refers to a business's legal obligation to collect and remit sales tax in a state where it has a substantial connection. This connection, also known as a "nexus", can arise through various activities such as:
Maintaining a physical location
Employing staff or remote workers
Storing inventory in a warehouse
Meeting a state’s economic nexus threshold
Generating sales through affiliate links or marketplace facilitators
Each U.S. state has its own nexus tax laws, meaning that businesses must understand the specific nexus tax definition in every state where they operate. If your business has a tax nexus in a particular state, you are required to register for a sales tax permit, collect tax on eligible sales, and file returns accordingly.
How Does Sales Tax Nexus Work?
To stay compliant, businesses must understand how sales tax nexus works. Here’s how the process typically unfolds:
1. Determine Nexus in a State
You establish nexus when you meet criteria like having a physical presence, economic activity, or third-party relationships (e.g., drop shipping, affiliates) in a state.
2. Register for a Sales Tax Permit
Once nexus is established, register with the state’s Department of Revenue to obtain a permit before collecting any tax.
3. Collect Sales Tax from Customers
Charge the correct sales tax rate based on local and state laws applicable to the transaction location.
4. File and Remit Sales Tax
File returns and remit collected sales tax based on the state’s filing frequency (monthly, quarterly, or annually).
5. Stay Updated on Tax Laws
Nexus tax laws evolve. Regular monitoring is essential to remain compliant with changing regulations and thresholds.
Common Challenges in Nexus Sales Tax Compliance
Businesses operating in multiple states often face these challenges:
1. Varying State Nexus Laws
Each state defines sales tax nexus differently. Some rely on physical presence, while others focus on economic nexus standards.
2. Economic Nexus Thresholds
Economic nexus is created when a business exceeds a sales threshold (e.g., $100,000 or 200 transactions). This expands tax nexus to remote sellers.
3. Product and Service Taxability
States differ in what is considered taxable—digital goods, SaaS, or professional services may or may not be taxed depending on jurisdiction.
4. Multi-State Filing Complexities
Managing filing deadlines across states can be time-consuming and error-prone.
5. Risk of Audits and Penalties
Failure to comply with nexus tax laws can lead to back taxes, audits, and fines.
Key Sales Tax Nexus Definitions
To better understand nexus in taxation, here are essential definitions:
Physical Nexus: Created through physical presence—offices, employees, warehouses.
Economic Nexus: Triggered by surpassing sales revenue or transaction thresholds.
Click-Through Nexus: Established via affiliate marketing links originating in a state.
Marketplace Facilitator Nexus: Laws requiring platforms like Amazon or Etsy to collect sales tax on behalf of sellers.
Use Tax: Paid by consumers when sellers don’t collect tax, especially from out-of-state purchases.
Nexus Study: An assessment that identifies where a business has sales tax nexus and what actions are needed to stay compliant.
How OBG Outsourcing Helps with Sales Tax Nexus Compliance
At OBG Outsourcing, we specialize in helping businesses navigate the complex world of sales tax nexus. Our services include:
1. Nexus Study & Registration
Identify where your business has nexus
Register for sales tax permits across states
2. Sales Tax Collection & Setup
Configure correct sales tax rates in systems like QuickBooks or Xero
Ensure compliant collection for all taxable transactions
3. Multi-State Sales Tax Filing
Timely and accurate return filing across states
Manage monthly, quarterly, or annual filing schedules
4. Product Taxability Review
Determine which items or services are taxable or exempt
Apply appropriate tax rules to reduce liability
5. Audit Preparation & Support
Provide audit-ready documentation
Support businesses in resolving compliance notices or state inquiries
Conclusion
Understanding what a tax nexus is and how it affects your business is critical in today’s interstate and eCommerce environment. From nexus definition in tax terms to compliance with nexus tax laws, businesses must take proactive steps to avoid risk and penalties.
At OBG Outsourcing, we simplify the complexity of sales tax nexus compliance. Let our team handle registrations, filings, and audits—so you can focus on growth.
Need help understanding what is a nexus for sales tax?
Contact OBG Outsourcing today and let us guide you through your nexus sales tax obligations.