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SALES TAX IN THE US FOR SELLER

OVERVIEW

1. What is Sales Tax in the United States?

In the United States, the sales tax is a form of consumption tax that is administered at the state level. Unlike some countries that have a federal consumption tax, the US system leaves the imposition and regulation of sales tax to individual states. As a result, each state has its own policy on the rate of sales tax, conditions for collecting and paying sales tax, and the specific products, goods, or services subject to taxation. In certain cases, local areas within states (counties, cities) may also impose their own additional sales taxes.

When consumers make purchases subject to sales tax, they pay an additional percentage of the purchase price on top of the cost of the item or service. This extra amount is collected by the retailer, who is responsible for remitting it to the government on a periodic basis. The sales tax system in the US is comparable to the Value Added Tax (VAT) used in many other countries. Because consumers do not directly pay the sales tax to the government, it is considered an indirect tax.

The responsibility for paying sales tax as a seller depends on "Nexus". “Nexus” is a legal term that refers to the seller's association with a particular US state, and it determines if the seller may have a tax liability in that state. Nexus can be established through either "Physical Nexus" or "Economic Nexus".

Physical Nexus: This occurs when a seller has a physical presence in a specific state or jurisdiction, such as a store, warehouse, or office.
Economic Nexus: has a certain level of economic activity in a state or jurisdiction, even if it does not have a physical presence there.

It is important for merchants to comply with their tax obligations properly, as failure to do so or incorrect tax payments can lead to penalties based on the amount of tax owed.

2. Sales Tax Obligations for Sellers in the United States

Sales tax obligations apply to both brick-and-mortar sellers and online sellers. A seller becomes subject to sales tax when they engage in the sale of goods through purposeful or systematic exploitation of the market in a particular state. This may include activities like advertising or distribution that indicate the seller's agreement to accept the sales tax liability arising in that state.

However, not all sellers are required to pay sales tax. The obligation to collect sales tax only arises when the seller meets specific criteria defined by each state. For instance, in North Carolina, a seller is obligated to pay sales tax if they meet one of the following criteria:

$100,000/year in gross revenue; or
200 or more sales separate transactions into the state in the current or last calendar year.

In the case of dropshipping, determining the tax liability can be more complex. Dropshippers are sellers who have no direct connection with the customer in a particular state and instead rely on third-party suppliers to fulfill orders. Purchases made for resale are generally exempt from sales tax, but to qualify for this exemption, merchants must obtain a Sales Tax Exemption Certificate issued by the United States Interstate Tax Commission.

SALES TAX ON SHOPIFY

Shopify, a popular e-commerce platform, provides tools to help sellers manage their sales tax liabilities. The platform aids in determining when a seller's sales tax obligation arises based on sales or transactions reaching specific state thresholds. Shopify also assists in automating the calculation of sales tax for customers. However, it's important to note that Shopify does not handle the transfer or payment of sales tax on behalf of the merchant. It is the responsibility of the seller to ensure accurate collection and remittance of sales tax to the relevant tax authorities.

In conclusion, understanding and complying with sales tax regulations is crucial for sellers operating in the United States, whether through physical or online channels like Shopify. Properly managing sales tax obligations ensures legal compliance and helps maintain a smooth and successful business operation in the US market. Sellers should stay informed about the sales tax requirements in each state where they conduct business or seek the advice of tax professionals to avoid potential penalties and ensure a positive customer experience.