What economic nexus means after South Dakota v. Wayfair

Economic nexus means a state can require you to collect its sales tax once your sales into that state pass a set dollar amount (and, in a shrinking number of states, a transaction count), even if you have no office, employee or inventory there. Most states set the line at $100,000 of sales in the current or prior calendar year; California and Texas use $500,000.

The rule comes from South Dakota v. Wayfair, Inc. (2018), where the Supreme Court dropped the physical-presence requirement of Quill Corp. v. North Dakota. Every state with a statewide sales tax now has an economic nexus law. The five states without one are Alaska, Delaware, Montana, New Hampshire and Oregon, and Alaska is the exception that matters: many Alaska local governments tax sales and enforce a remote-seller threshold through the Alaska Remote Seller Sales Tax Commission.

Crossing a threshold means you register for a permit, collect tax on taxable sales, and file returns on the schedule the state assigns. That applies to DTC brands, B2B sellers, SaaS companies in states that tax software, and marketplace sellers for any sales the marketplace does not collect on.

Verified thresholds for key states (checked October 2026)

The table below lists only thresholds we confirmed on the state revenue department's own site (or the Alaska commission's site) in October 2026. For any state not listed, check that state's revenue department before relying on a figure, since several have changed their rules since 2023.

StateSales thresholdTransaction testRecent change
Alabama$250,000NoneMarketplace-collected sales excluded
Alaska (ARSSTC local tax)$100,000Removed200-transaction test dropped Jan 1, 2025
CaliforniaOver $500,000 of tangible goodsNoneAB 147, operative April 1, 2019
Illinois$100,000Removed200-transaction test dropped Jan 1, 2026
IndianaOver $100,000RemovedDollar test only from Jan 1, 2024
New JerseyOver $100,000200 or more transactions (either test)No change since 2018
North CarolinaOver $100,000RemovedDollar test only
South DakotaOver $100,000RemovedDollar test only
Texas$500,000NoneMarketplace sales count from April 1, 2020
UtahOver $100,000Removed200-transaction test dropped July 1, 2025
WashingtonOver $100,000RemovedDropped March 14, 2019

Measurement periods differ. Most of these states look at the current or previous calendar year. Texas uses the preceding 12 calendar months. Illinois uses a 12-month lookback and, for quarters beginning after March 31, 2026, applies it on a rolling quarterly basis.

The trend: transaction-count tests are disappearing

The 200-transaction test is on its way out. South Dakota, whose law was the one upheld in Wayfair, no longer uses it, and Indiana (2024), Utah (July 2025), Alaska's commission (January 2025) and Illinois (January 2026) have all removed it. Washington dropped it back in 2019.

This helps low-volume, high-ticket sellers less than it helps high-volume, low-ticket sellers. A subscription box company shipping 250 orders of $40 each into a state ($10,000 total) used to trigger nexus in transaction-count states; under a dollar-only test it does not.

A few states still apply a transaction count. New Jersey is one we confirmed: over $100,000 or 200 or more separate transactions in the current or prior year. New York also pairs a dollar threshold with a sales-count test. Check tax.ny.gov for the current figures, since we could not confirm them on the state's site this month.

What counts toward the threshold

States define the sales that count differently, and this is where nexus studies go wrong. Three questions to answer for each state:

  • Gross or taxable sales? Texas counts total Texas revenue, including nontaxable sales, sales for resale and sales to exempt buyers. California counts all sales of tangible personal property, including sales for resale. Some states count only retail or taxable sales.
  • Marketplace sales included? Texas and California both require you to include sales made through Amazon or another marketplace in your own total, even though the marketplace collects the tax on them. Alabama excludes them. A brand with $300,000 on its website and $300,000 on Amazon is over the Texas line.
  • Tangible goods only? California counts only tangible personal property, so SaaS revenue does not count there. Washington counts all gross income from the state, including services.

Physical presence is a separate trigger. An employee working remotely, inventory in a third-party warehouse, or an office creates nexus at any sales level.

How to run a nexus determination for your startup

A nexus determination answers two questions per state: are you required to collect, and since when. Here is the order we work in.

  1. Pull sales by ship-to state for each of the last four calendar years, split by channel (direct, marketplace, wholesale).
  2. Map physical presence: employees and contractors by state, inventory locations (including Amazon FBA warehouses), offices and trade-show activity.
  3. Apply each state's own definition of counted sales and its measurement period. Do not use one national $100,000 rule.
  4. Classify product taxability. SaaS, digital goods and services are taxable in some states and exempt in others, and nexus only matters where you sell something taxable.
  5. Date the first period you crossed in each state. That date sets your exposure.

For past periods where you should have been collecting, quantify the tax you did not collect plus penalties and interest, then decide state by state whether to register prospectively or approach the state through a voluntary disclosure agreement, which typically limits the lookback and waives penalties. Investors' diligence teams ask for this analysis before a priced round, so it is better done on your timeline than theirs.

Tracking exposure once you are registered

Monitoring is cheaper than cleanup. Most commerce platforms (Shopify, BigCommerce, Amazon Seller Central) report sales by state, and tax engines such as Avalara, TaxJar and Anrok can flag states as you approach a threshold. Set the alert at about 80% of each state's figure so you have time to register before the obligation starts.

Leaving a state is not automatic. Because most states measure the current or prior calendar year, falling below the threshold this year usually keeps you obligated through the end of it, and you still have to file a final return and close the account. Until you do, the state expects returns, even zero returns.

Keep records for at least as long as each state's assessment period. Non-filers face much longer lookbacks; California, for example, generally has eight years to assess a business that never filed.

Next steps for ecommerce and SaaS sellers

If you sell into more than a handful of states, do a full nexus study once, then refresh it each quarter as sales grow. Register where you are already over, configure tax collection by product and address, and fix any back exposure before it shows up in an audit or a diligence request.

We run nexus studies, registrations, voluntary disclosures and ongoing filing for ecommerce and SaaS companies. Thresholds in this post were checked against state revenue department sites in October 2026; states change these rules often, so confirm a state's current figure before you rely on it. This is general information, not tax advice for your specific facts.

Frequently asked questions

What is the most common economic nexus threshold in 2026?

Most states use $100,000 of sales into the state in the current or prior calendar year. California and Texas use $500,000, and Alabama uses $250,000. The 200-transaction test that many states adopted after Wayfair has been removed in a growing list of states, including Illinois (January 1, 2026), Utah (July 1, 2025), Indiana (2024) and South Dakota. Check each state's revenue department for current figures.

Did Illinois drop the 200-transaction threshold?

Yes. The Illinois Department of Revenue says the 200-transaction test was eliminated effective January 1, 2026 under Public Act 104-0006. Remote retailers now look only at whether cumulative gross receipts from sales of tangible personal property to Illinois purchasers reach $100,000 over the 12-month lookback, and for quarters beginning after March 31, 2026 the test is applied on a rolling quarterly basis.

Do marketplace sales count toward a seller's economic nexus threshold?

It depends on the state. Texas and California require you to include sales made through Amazon or another marketplace facilitator when testing your own threshold, even though the marketplace collects the tax on those orders. Alabama excludes marketplace-collected sales. If you sell both on a marketplace and through your own site, test each state's rule separately, because combined sales can trigger nexus for your direct channel.

What does a sales tax nexus determination for a startup include?

A nexus determination maps sales by state and channel for several years, adds physical-presence triggers such as remote employees and inventory locations, applies each state's own counted-sales definition and measurement period, and checks whether your products are taxable there. The output is a list of states where you must register, the date the obligation started, and the estimated back tax, penalties and interest, with a plan for registration or voluntary disclosure.

Sources

  1. Illinois Department of Revenue: FY 2026-12 bulletin (remote retailer threshold)
  2. Indiana DOR: Remote sellers
  3. Texas Comptroller: Remote sellers and marketplace FAQ
  4. Utah State Tax Commission: Remote sellers
  5. Washington DOR: Out-of-state businesses reporting thresholds and nexus
  6. Alaska Remote Seller Sales Tax Commission: Business sellers