When should a business collect sales tax?
Sales tax is a tax on the sale of goods and services. It is typically collected by the seller and remitted to the state or local government. Sales tax rates vary by state and locality, but they generally range from 3% to 10%.
Businesses are required to collect sales tax if they have nexus in the state where the sale is made. Nexus is a legal term that refers to a sufficient connection between a business and a state to justify the state imposing taxes on the business.
There are two main types of nexus: physical nexus and economic nexus. Physical nexus is established when a business has a physical presence in a state, such as a store, office, or warehouse. Economic nexus is established when a business has a significant economic presence in a state, even if it does not have a physical presence there. For example, a business may have economic nexus in a state if it has a large number of customers or sales in that state.
Even if a business has nexus in a state, it is not required to collect sales tax on all of its sales. Certain types of goods and services are exempt from sales tax, such as food, clothing, and medical supplies. Additionally, some states exempt sales to businesses that are purchasing goods or services for resale.
Here are some examples of when a business should collect sales tax:
- A business sells products to customers in a state where it has a physical presence, such as a store or warehouse.
- A business sells products to customers in a state where it has economic nexus, such as a large number of customers or sales in that state.
- A business sells services to customers in a state where it has nexus.
- A business sells taxable goods to businesses that are not purchasing them for resale.
Here are some examples of when a business should not collect sales tax:
- A business sells exempt goods or services, such as food, clothing, and medical supplies.
- A business sells goods or services to businesses that are purchasing them for resale.
- A business sells products to customers in a state where it does not have nexus.
If you are unsure whether or not your business is required to collect sales tax in a particular state, you should consult with a tax advisor.
Tips for collecting sales tax
The following tips can help you collect sales tax accurately and efficiently:
- Register for a sales tax permit with the state(s) where you have nexus.
- Determine the correct sales tax rate for each sale. You can use a sales tax calculator to help you with this.
- Collect the sales tax from the customer at the time of sale.
- Keep accurate records of your sales and sales tax collections.
- Remit the sales tax to the state(s) on time.
Failure to collect or remit sales tax can result in penalties and interest charges. Therefore, it is important to understand and comply with your sales tax obligations.