US sales tax nexus for online sellers (2026)
Updated 2026-07-08
Since the 2018 Wayfair ruling, you can owe US sales tax in a state without any physical presence there. The answer now depends on channel, state threshold, and whether you have stock or other in-state activity.
Start with your direct sales, not your marketplace headline
For most cross-border sellers, the first nexus question is DTC sales into each state. Many states use a $100,000 sales threshold, while California and Texas use $500,000 and New York uses an AND test of more than $500,000 plus more than 100 sales in the prior four sales tax quarters.
Measurement periods still differ by state, and transaction-count tests are no longer uniform. Illinois now models a $100,000 sales threshold without a transaction-count test, while Ohio and Georgia still keep a 200-transaction alternative in the rules we rechecked.
Marketplace collection helps, but it is not the whole answer
Marketplace facilitator laws commonly make the marketplace collect and remit tax on marketplace orders in sales-tax states. That is real relief on those specific transactions.
But Streamlined Sales Tax's marketplace-seller guidance is explicit that a marketplace seller may still be required to register and file in a state. And your Shopify store, direct B2B account, or any other non-marketplace order is usually back on your own nexus analysis.
Physical presence is a separate state-law review
Inventory, warehouses, employees, and other in-state activity can create a separate physical-presence analysis on top of economic nexus. That is why FBA and 3PL setups need their own state-by-state review.
Do not over-generalize inventory rules. Some state guidance, such as Illinois' 2026 help guide, treats marketplace-only inventory differently from inventory also used for non-marketplace sales. If you have stock in the US, review the actual states involved before assuming registration is either definitely required or definitely unnecessary.
Situations requiring separate review
Resale certificates, exempt sales, marketplace-only inventory, past-period cleanup, and post-collection filing duties require a state-by-state review.
Before registering, assemble state-level sales, FBA or 3PL inventory locations, marketplace tax collection records and DTC orders for a sales-tax professional to review.
Continue checking
US economic nexus thresholds by state (2026)
A state-by-state reference of US sales tax economic nexus thresholds for remote and cross-border sellers, covering the $100k states, the $500k states, and the disappearing 200-transaction test.
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US sales tax for non-US (overseas) sellers (2026)
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