Business Advisory Services
Everything you need to help you launch your new business entity from business entity selection to multiple-entity business structures.
Everything you need to help you launch your new business entity from business entity selection to multiple-entity business structures.
Designed for rental property owners where WCG CPAs & Advisors supports you as your real estate CPA.
Everything you need from tax return preparation for your small business to your rental to your corporation is here.
WCG’s primary objective is to help you to feel comfortable about engaging with us
Posted Monday, July 6, 2026
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Sales tax compliance for small businesses
Nobody starts a business and says, “You know what I’m really excited about? Sales tax.” And yet here we are. Because if you sell products online, license software, or ship goods across state lines, sales tax is something you cannot ignore. Not anymore.
The rules changed in 2018 and a lot of business owners still haven’t caught up. The Supreme Court’s decision in South Dakota v. Wayfair blew the doors off sales tax nexus, and it created a compliance landscape that is – to put it charitably – a mess. Before Wayfair, you only had to worry about sales tax in states where you had a physical presence. An office, a warehouse, an employee. After Wayfair? If you hit certain revenue or transaction thresholds in a state, you owe sales tax there. Period. Full stop. No warehouse required.
We are primarily an income tax firm. We want to be upfront about that. But sales tax compliance has become so intertwined with how small businesses grow and operate that we cannot ignore it either. We help our clients understand where they have obligations, get registered where they need to be, and coordinate the ongoing compliance so nothing falls through the cracks. This is not a planning opportunity like S Corp elections or retirement contributions. This is a compliance obligation, and the key is simply not getting it wrong.
Before we get into the weeds, a little context.
In South Dakota v. Wayfair, Inc. (2018), the Supreme Court overturned a longstanding rule from a 1992 case called Quill Corp. v. North Dakota. Under the old rule, a state could only require you to collect and remit sales tax if you had a physical presence there. Makes sense, right? If you have no office, no employees, no inventory sitting in a state – why would you owe them anything?
The problem was that e-commerce exploded and the physical presence rule became a loophole the size of an Amazon warehouse (pun intended). States were losing billions in uncollected sales tax from online sellers. So the Court said, fine – states can now require sales tax collection based on economic nexus, meaning the volume of sales you do into a state, not whether you have a person or a building there.
Most states have landed on a threshold of $100,000 in sales or 200 transactions into the state within a calendar year. Hit either one and you have nexus. Some states use only the dollar threshold. A few use both. And naturally, every state does it a little differently because why would we want consistency? Huh?
Here is the practical impact. Let’s say you run an e-commerce business from your home office in Colorado. You sell handmade furniture. Last year, you shipped $120,000 worth of product to customers in Texas. Congratulations – you now have economic nexus in Texas and are obligated to register, collect, and remit Texas sales tax. Did you know that? Many business owners don’t. And that’s where problems start.
This is not a one-size-fits-all situation, but there are some clear profiles.
Here we go-
We are going to resist the urge to say “it’s complicated” and leave it at that. Let’s talk about why.
There are over 13,000 tax jurisdictions in the United States. That is not a typo. Thirteen thousand. States, counties, cities, special districts, transit authorities – each one can layer on its own rate. In Colorado alone, the home rule cities situation is legendary. Denver has one rate. Colorado Springs has another. Manitou Springs (basically across the street) has a different one. And some of those cities require you to register and file with them directly instead of through the state. Wonderful.
Then there is taxability. What is actually subject to sales tax varies wildly by state. Groceries? Taxable in some states, exempt in others, reduced rate in a few more. Clothing? Same deal. Digital goods like e-books or downloaded music? Some states tax them, some don’t. SaaS? We already covered that mess. Services? Most states do not tax services, but a growing number are starting to, and even within those states, only certain services are taxable.
Let’s say you sell customized software with an annual support contract. In State A, the software license is taxable, the customization is not, and the support contract is taxable. In State B, the whole thing is taxable. In State C, none of it is taxable. Same product, three different answers. And you need to get it right in all three.
Sidebar: this is one of those areas where we see business owners either freeze up and do nothing (bad) or just charge sales tax everywhere on everything (also bad, because you can end up overcollecting, which creates its own liability). Neither extreme is the answer.
This is a distinction that trips up a lot of people, including some accountants who should know better.
Sales tax nexus and income tax nexus are two completely different analyses. Different rules, different thresholds, different obligations. Having income tax nexus in a state does not automatically mean you have sales tax nexus, and vice versa.
Income tax nexus is generally triggered by having employees, property, or significant business activity in a state. The thresholds and rules vary by state and are governed by a patchwork of state laws and the federal P.L. 86-272 protections (which shield certain out-of-state sellers from income tax if their only activity is solicitation of sales of tangible personal property – yes, it is that specific).
Sales tax nexus, post-Wayfair, is primarily about economic activity. Hit $100,000 in sales or 200 transactions and you are in. No employees required. No property required. Just revenue.
So you might have sales tax obligations in 15 states and income tax obligations in 3. Or the reverse. The point is that you need to analyze each one independently. We see clients all the time who assume that because they file income tax in a state, their sales tax is covered. It is not. These are separate registrations, separate filings, separate compliance obligations.
Having said that, if you are already working with us on your income tax returns and we see revenue flowing into multiple states, we are going to flag the sales tax question. That is part of the coordinated approach.
We could write a book on this, but here are the ones we see most often-
Let us be straightforward. We are not a sales tax automation company. We are not Avalara. We are not TaxJar. Those platforms are excellent at what they do – rate lookups, automated collection, and filing at scale. For businesses with high transaction volumes across many states, those tools are practically essential.
What we do is the strategy and coordination piece that sits around the automation.
Sidebar: we also make sure your sales tax obligations are factored into your broader tax picture. For example, sales tax collected and remitted is not income. But sales tax you should have collected and didn’t? That becomes a liability. These things need to be reflected accurately in your books and your tax returns.
Here is the thing that most business owners do not think about until it’s too late. Every time you expand – new sales channel, new product line, new state – you potentially trigger new sales tax obligations.
Let’s say you have been selling locally in Colorado and you decide to launch a national e-commerce store. Overnight, you go from one state’s sales tax rules to potentially dozens. Or you add Amazon FBA to your sales strategy. Now your inventory is sitting in warehouses across the country, creating physical nexus in states you have never even visited.
Even something as simple as hiring a remote employee in another state can create nexus for income tax purposes (and in some cases, sales tax purposes too, depending on their activities).
Growth is great. We love helping our clients grow. But growth without compliance creates risk. And sales tax risk compounds quickly because states do share information, they are increasingly aggressive about enforcement, and the penalties add up. A business doing $500,000 a year in multistate sales that has never addressed sales tax could be looking at $30,000 to $50,000 in back taxes and penalties depending on the states involved. That is real money.
The elegant approach is to build compliance into your growth plan from the start. When you are planning an expansion, adding a sales channel, or launching a new product, loop us in. We would rather spend an hour doing a nexus check upfront than untangle years of noncompliance later.
Quick detour because this trips people up. Sales tax is collected by the seller and remitted to the state. Use tax is owed by the buyer when sales tax was not collected. Same rate, different direction.
If you buy equipment from an out-of-state vendor and they do not charge you sales tax, you owe use tax to your home state. Most businesses forget this. Most states know that most businesses forget this. It tends to come up during audits, and the amounts can be meaningful.
We factor use tax into our review as well. It is one of those quiet liabilities that can surprise you at the worst possible time.
Economic nexus means a state can require you to collect sales tax based on your sales volume into that state, typically $100,000 or 200 transactions per year. If you sell products or taxable services to customers in a state and exceed the threshold, you have an obligation to register, collect, and remit sales tax there – even if you have never set foot in that state.
It depends on the state and the type of service. Most states do not tax services, but a growing number tax specific categories like IT services, consulting, or digital services. SaaS is taxable in roughly half the states. If you sell services across state lines, you need a state-by-state analysis.
No. Amazon collects and remits sales tax on sales made through its marketplace. But if you also sell through your own website, at trade shows, or through other channels, those sales are your responsibility. Amazon also does not handle your registrations or non-marketplace filings.
You likely owe back taxes, and potentially penalties and interest. The best path forward is usually a voluntary disclosure agreement (VDA), where you proactively approach the state, disclose the issue, and negotiate reduced penalties. This is almost always better than waiting for the state to find you.
Different rules, different thresholds, different obligations. Income tax nexus is generally triggered by employees, property, or significant business activity. Sales tax nexus post-Wayfair is triggered by economic activity – sales volume. You can have sales tax nexus in a state without having income tax nexus, and vice versa.
Use tax is the buyer’s counterpart to sales tax. If you purchase goods or services from an out-of-state vendor who does not charge you sales tax, you owe use tax to your home state at the same rate. Most businesses overlook this, and it commonly surfaces during audits.
We start with a nexus analysis to determine where you have obligations. From there, we assist with registrations, help configure your sales tax settings (often through tools like Avalara or TaxJar), and coordinate ongoing compliance filings. We are not a sales tax software company – we are the strategy and coordination layer that makes sure the technology is working correctly.
No. You only need to register in states where you exceed the nexus threshold. One sale of $50 to a customer in Montana (which has no sales tax anyway) does not create an obligation. But once you cross the $100,000 or 200-transaction threshold in a state, you need to act.
Most states now require large marketplaces like Amazon, Etsy, and Walmart to collect and remit sales tax on behalf of their third-party sellers. This simplifies things for marketplace sellers, but it does not eliminate all compliance obligations – you may still need to file returns and you are still responsible for non-marketplace sales.
It depends on the state and your sales volume. States assign filing frequencies – monthly, quarterly, or annually – usually based on how much tax you collect. Higher volume means more frequent filings. Some states require filing even if you owe zero tax for the period.
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We see far too many crazy schemes and half-baked ideas from attorneys and wealth managers. In some cases, they are good ideas. In most cases, all the entities, layering and mixed ownership is only the illusion of precision. As Chris Rock says, just because you can drive your car with your feet doesn’t make it a good idea. In other words, let’s not automatically convert “you can” into “you must.”
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Everything you need to help you launch your new business entity from business entity selection to multiple-entity business structures.
Designed for rental property owners where WCG CPAs & Advisors supports you as your real estate CPA.
Everything you need from tax return preparation for your small business to your rental to your corporation is here.
WCG’s primary objective is to help you to feel comfortable about engaging with us