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8 Common Mistakes to Avoid With Sales Tax

Emily Kordys is a Content Marketing Manager at Zamp with seven years of experience in sales tax, auto, and real estate. She lives in North Carolina with her partner and dogs.

With over 13,000 tax jurisdictions in the United States, each with its own sales tax rates, rules, and regulations, even the most diligent business owners can find themselves overwhelmed by sales tax. And it’s only gotten more complicated in recent years, particularly following the landmark 2018 Supreme Court decision in South Dakota v. Wayfair, which changed the landscape of sales tax obligations for companies operating across state lines.

Sales tax errors can have costly consequences, ranging from substantial liabilities and interest charges to impacting your bottom line. This article, written by our partner Zamp, will examine the most common and costly mistakes businesses make and provide guidance on how to avoid them.

1. Misunderstanding Sales Tax Nexus.

Many businesses incorrectly assume that they only need to collect sales tax in states where they have a physical presence. This misconception stems from older tax regulations that limited tax collection obligations to companies with tangible connections to the state.

However, the Supreme Court decision in South Dakota v. Wayfair changed everything for online sellers and companies, as states can require businesses to collect sales tax based on economic activity alone (economic nexus), even without a physical presence.

With economic nexus, most states have either a transaction or revenue threshold, or a combination of both. Once that threshold is reached, businesses must register for sales tax in that state to begin collecting and remitting.

Here’s an example of economic nexus thresholds:

State Economic Nexus Threshold Source
California $500,000 California Department of Tax and Fee Administration
Florida $100,000 Florida Department of Revenue
Georgia $100,000 or 200 transactions Georgia Department of Revenue
Illinois $100,000 or 200 transactions Illinois Revenue
Michigan $100,000 or 200 transactions Michigan Department of Treasury
New York $500,000 and 100 transactions New York Department of Taxation and Finance
Texas $500,000 Texas Comptroller

*Information was accurate at the time of publishing.

How to Avoid It

01.

Regularly track your sales volume and transaction counts in each state

02.

Understand each state’s specific economic nexus thresholds

03.

Implement systems to begin collecting sales tax once thresholds are crossed

04.

Considered automated sales tax solutions that alert you when approaching nexus thresholds

2. Failing to Register in All Required Jurisdictions.

Companies often don’t register for sales tax nexus after reaching a threshold or physical nexus in a new jurisdiction or state. That’s because they either don’t know they need to register or they procrastinate because they want to avoid the administrative burden of compliance.

But not registering can have serious consequences. Operating without a sales tax permit can result in penalties that exceed what would have been collected in sales tax. States view unregistered sales tax activity as a severe compliance failure, not a mere oversight.

How to Avoid It

01.

Register promptly once nexus (physical, economic, or both) is established

02.

Include all relevant jurisdictions (state, county, city, special districts)

03.

Consider voluntary disclosure agreements if you’ve had an unregistered nexus for some time

3. Incorrectly Determining Taxability of Products and Services.

One of the most common yet consequential errors in sales tax compliance is applying blanket taxability rules across all products, services, or jurisdictions. Product taxability varies dramatically by state and sometimes local jurisdiction. What qualifies as a taxable item in one state may be exempt in another.

Here’s an example of how product and service taxability can vary:

Product/Service Type Example of States Where Generally Taxable Example of States Where Generally Exempt
SaaS Alabama, Arizona, Hawaii, Kentucky, Louisiana, Massachusetts, New York Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Maine
Digital Goods Arizona, Arkansas, Colorado, Hawaii, Kentucky, Maine, Maryland, Mississippi, Nebraska Delaware, Florida, Georgia, Illinois, Kansas, Massachusetts, Michigan, Mississippi, Missouri
Groceries Alabama, Arkansas, Hawaii, Idaho, Illinois, Mississippi, Missouri, South Dakota, Tennessee, Utah Arizona, California, Colorado, Connecticut, Florida, Georgia, Indiana, Iowa, Kansas, Maryland, Massachusetts
Clothing Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho Alaska, Delaware, New Hampshire, Oregon, Vermont

How to Avoid It

01.

Research taxability rules for each product and service type in each state

02.

Pay special attention to digital products, software, and services, as the rules can be nuanced

03.

Document your taxability determinations with supporting citations

04.

Update your tax engine or point-of-sale system with accurate tax codes

05.

Review taxability matrices, as regulations change frequently

4. Mismanaging Exemption Certificates.

Accepting incomplete exemption certificates, failing to validate them, or not having them available during audits can be a significant misstep for your business. During an audit, missing or invalid exemption certificates can result in an auditor assessing tax, interest, and potential penalties on those transactions, even if the customer was legitimately exempt.

Here’s a look at the common exemption certificate types and their requirements:

Certificate Type Typical Use Key Requirements
Resale Items purchased for resale Name, address, registration number, reason for exemption, signature
Manufacturing Items used in production Must specify exempt use
Government Sales to government entities Official letterhead and payment
Nonprofit/charities Qualified exempt organizations 501(c)(3) documentation

How to Avoid It

01.

Establish clear procedures for collecting, validating, and storing certificates

02.

Ensure certificates are fully completed, signed, and dated

03.

Verify that the certificate type matches the transaction type

04.

Implement a system to track certificate exemption dates

05.

Regularly audit your certificate inventory for completeness

5. Calculating Sales Tax on Shipping Charges Incorrectly.

Applying a single rule for taxing shipping charges across all jurisdictions can represent a costly oversight. States vary widely in their approach to taxing shipping and handling, creating a patchwork of regulations that defies simple categorization.

How to Avoid It

01.

Research and document shipping taxability rules by state

02.

Separately state shipping charges on invoices when beneficial

03.

Configure your tax calculation system to apply shipping tax rules correctly

04.

Review invoices to ensure shipping is being taxed properly

6. Ignoring Sales Tax Implications of Business Changes.

Failing to consider sales tax implications when making business decisions like expanding into new markets, introducing new products, changing business models, or implementing new systems can hurt your business and compliance. Companies that frequently make changes trigger new or modified sales tax obligations that, if unaddressed, can create significant compliance gaps.

Some business changes that could impact your sales tax obligations include:

Blayzer Digital Fire

Geographic expansion (physical or economic nexus

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Business model changes (direct-to-consumer, marketplace, subscription)

Blayzer Digital Fire

Corporate restructuring

Blayzer Digital Fire

New product or service introductions

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System implementations (ERP, e-commerce platforms

How to Avoid It

01.

Develop cross-functional communication between tax and business teams

02.

Include tax review checkpoints in project management methodologies

03.

Create a sales tax impact questionnaire for new business initiatives

04.

Include tax requirements in specifications when implementing new systems

05.

Consult with tax professionals for significant business changes

7. Understanding Marketplace Facilitator Laws.

Many businesses operating as or selling through online marketplaces, like Amazon or Etsy, misunderstand their tax collection responsibilities under marketplace facilitator laws. Nearly all states with sales tax have enacted marketplace facilitator laws that require the marketplace (rather than individual sellers) to collect and remit sales tax on the seller’s behalf. However, these laws contain numerous variations and exceptions.

Here are key marketplace facilitator considerations:

Party Responsibilities Challenges
Marketplace Operators Tax calculation, collection, and remittance Varying definitions and thresholds by state
Marketplace Sellers Maintaining exemption certificates, reporting, and registrations Understanding when marketplace collection applies
Both Clear documentation of responsibilities Overlapping or contradictory requirements

How to Avoid It

01.

If selling through a marketplace, establish clear collection responsibility agreements

02.

Document these determinations to avoid gaps or duplication

03.

Review marketplace reports regularly to verify proper tax treatment

04.

Stay alert for legislative changes that could impact sales tax obligations

8. Neglecting to Use Sales Tax Compliance Solutions.

Many businesses rely on manual processes or basic accounting software for sales tax compliance, underestimating the return on investment that sales tax compliance solutions can provide.

The truth is that modern sales tax compliance has become increasingly complex, with thousands of jurisdictions, frequent rate and rule changes, and increasing audit scrutiny. Manual approaches are not only inefficient but can be increasingly risky.

How to Avoid It

01.

Evaluate your current sales tax technology (if any) against your business needs.

02.

Research available solutions that can handle all your sales tax obligations

03.

Look beyond basic functionality to consider update frequency and customer support

04.

Consider the total cost of compliance, including audit exposure and staff time

Wrapping Up.

Navigating the complex world of sales tax compliance and obligations requires knowledge, vigilance, and robust tax solutions to avoid the common pitfalls outlined in this article. From misunderstanding nexus requirements to overlooking rate changes and managing exemption certificates, these mistakes can lead to significant financial consequences.

That’s where Zamp comes in, offering exceptional value as a managed solution. They combine intelligent software with expert service to handle your sales tax compliance completely. Contact their team today if you’re ready to take the leap and have sales tax taken off your plate.

Need Help Beyond Sales Tax?

Sales tax compliance is crucial and complex, and it’s just one aspect of running a successful ecommerce business. Blayzer specializes in providing data-driven ecommerce solutions to help businesses scale. Our services include custom design, development, and digital marketing to optimize your online presence and drive growth. Learn more about our Services and Solutions.