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When must I register for sales tax in a US state I sell into?

When the sales into that state cross its economic threshold, measured over a rolling or calendar twelve month period, or when there is physical presence such as inventory, an employee or an office. The threshold is set separately by each state.

The answer differs between the federal level and the states, see the rows below.

The answer by level

Source lines

  • The Supreme Court removed the physical presence requirement and allowed collection duties based on a substantial connection with the state.
  • State thresholds are expressed in sales volume, and some states also count the number of separate transactions.
  • Inventory stored in a fulfilment centre in the state is physical presence, independent of the economic threshold.

What it means for the company

The liability is the tax that should have been collected, plus interest and penalties, and it accrues from the day the threshold was crossed, not from registration.

Comparison across levels and states
LevelRequirementSource
Federal levelPhysical presence is no longer required: a state may require a remote seller to collect sales tax where the seller has a substantial connection with the state.South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018)
ThresholdMost states set an economic threshold measured in sales into the state over a twelve month period, and some add a separate transaction count.Remote seller registration thresholds by state
Contract ruleWhether the tax may be added to the agreed price depends on the contract, since a sale of goods is otherwise governed by the commercial code as enacted in the state.U.C.C. Article 2, as enacted state by state

What it means for the individual

A sole proprietor selling online has the same duty as an incorporated seller. The obligation follows the sales, not the entity form.

Source lines

  • Uniform Commercial Code Article 2, sales of goods
    U.C.C. Article 2, as enacted state by state · read 2026-08-25 · proof 3e5306be24fcebc4
  • Supreme Court of the United States
    South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018) · read 2026-08-25 · proof 3e5306be24fcebc4
    Official source
  • Streamlined Sales Tax Governing Board
    Remote seller registration thresholds by state · read 2026-08-25 · proof 3e5306be24fcebc4
    Official source

Next step

Track sales by destination state monthly, mark every state approaching its threshold, and register before the first taxable sale after crossing.

All US questions

This page reports what the sources say, with the identifier and address of the publisher. It is not legal advice and does not decide an individual matter.

Next step

Three ways to put the register to work in your own practice.

Start with your task