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How to Charge Sales Tax for Out-of-State Customers

Out-of-state sales tax depends on each destination state’s nexus, threshold, taxability, registration, and filing rules. Follow a state-by-state process to collect and remit correctly.
From TheFinanceBase Team5 min to read
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There is no single U.S. sales-tax rate or threshold for out-of-state sales. A business generally needs to collect tax in a state when it has physical presence or another registration obligation there, or when its sales meet that state’s economic-nexus rules. To get it right, check each destination state’s current rules, register when required, tax only the transactions the state says are taxable, and file and pay on the state’s schedule.

1. Identify the states where you may have to collect

Start with the customer’s destination state, not just the state where your business is formed. Economic nexus can require a remote seller to collect even without a physical location there; the U.S. Supreme Court’s South Dakota v. Wayfair decision allowed states to impose collection duties based on economic activity. Physical presence or another legal obligation can create a separate duty.

Map your activity and sales channels

Make a state-by-state list of where you have business locations, employees, property, or other relevant activity, and where you make sales. Record the destination, sales channel, and product or service category for each transaction. A seller’s home state is not necessarily the only state to review.

Check the current rule with each state

Rules differ in threshold amounts, measurement periods, transaction tests, and the date collection must begin. The Streamlined Sales Tax Governing Board’s Remote Seller State Guidance is a useful index, but its broad threshold summary is dated January 11, 2023, despite some later update notes on entries. Verify the current rule and instructions with the destination state’s revenue department rather than using that summary as a current nationwide checklist.

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  • Check whether the test is based on sales, transaction count, or both.
  • Confirm the measurement period and whether the trigger says “more than,” “at least,” or another standard.
  • Find out when collection is required to start after the threshold is met.
  • Check which sales the state includes in the calculation.

2. Calculate each state’s threshold using its own sales definition

Do not assume that only taxable sales count toward an economic-nexus threshold. The Streamlined Sales Tax Governing Board’s Remote Seller Thresholds Terms distinguishes among common approaches: a gross-sales test may count resale and other exempt or nontaxable transactions; a retail-sales test excludes resale transactions but may include product-exempt sales; and a taxable-sales test excludes transactions not taxed because the purchaser provided qualifying documentation. The state’s definition controls.

Keep transaction records organized by state, channel, and type. Retain exemption certificates or other documentation supporting exclusions, and use the relevant state’s rules when deciding how to calculate the threshold.

3. Treat marketplace sales and direct sales separately

A marketplace facilitator may collect and remit tax on transactions it facilitates, but that does not automatically settle every seller obligation. State rules can differ on whether a seller must register, file a return, report marketplace activity, or include those transactions in a threshold calculation.

For marketplace transactions

Identify which transactions the facilitator collects and remits tax on, and keep the platform’s records and tax reports. Check the destination state’s requirements for seller registration and reporting rather than assuming that marketplace collection removes all seller duties.

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For sales through your own channels

Track direct website, invoice, and other non-marketplace sales separately. Those sales may create your own registration and collection obligation when the state’s threshold is met, even if a marketplace handles tax on other orders.

4. Register before you begin collecting

Use the relevant state’s registration process and confirm the date from which the state expects collection. The Streamlined Sales Tax Registration System accepts applications for selected Streamlined member states; it does not replace state-specific registration requirements elsewhere. Registration creates an ongoing account, so do not register indiscriminately without understanding the returns and recordkeeping it entails.

The Streamlined Sales Tax Governing Board’s remote-seller guidance states: “You are responsible for collecting and remitting sales tax to each state beginning with your ‘registration date’.” Follow the start date assigned by the state and retain the registration confirmation with your tax records.

5. Configure checkout or invoicing for the state’s tax rules

Once you have confirmed registration, the transaction’s taxability, and the applicable start date, configure your checkout or invoicing process to collect the correct tax on taxable sales. The calculation may depend on destination sourcing, product or service taxability, and state and local rules. A single flat rate should not be assumed to work for every destination.

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  • Map products and services to the state’s taxability rules.
  • Use current state guidance to determine how the sale is sourced and which state or local taxes apply.
  • Keep exemption documentation with the transaction records.
  • Test the checkout or invoice flow for different destinations and transaction types before relying on it.

6. File returns and remit tax on the state’s schedule

After registration, follow the filing frequency and deadlines assigned by each state. A state may require a return for every reporting period even when no tax is due; some states allow filing only when sales occur. The state sets the applicable deadlines. Registration through the Streamlined Sales Tax system is for registration, not return filing.

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If sales stop or you believe you no longer have nexus, contact the state about closing or changing the account. Do not simply stop filing: an open account may still carry return obligations, and account cancellation does not erase liability for earlier taxable sales.

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7. Choose a compliance method that fits your obligations

Manual tracking, tax software, and a service provider can support different parts of compliance. Compare them by coverage and responsibility—not just by whether they calculate a rate.

Approach What to confirm Important limitation
In-house tracking and filing Whether you can monitor thresholds, register, calculate tax, prepare returns, remit payments, and keep records for every state where you have duties. You remain responsible for checking current state rules, deadlines, and account requirements.
Tax software or a service provider Which states and sales channels are covered, and whether the service includes threshold monitoring, registrations, returns, remittance, notices, or audit support. Coverage, scope, eligibility, and cost vary. Confirm who handles periods before the service begins and who receives state notices.
Streamlined Sales Tax certified provider Whether you qualify for covered services in member states and what the provider contract includes. Some qualifying sellers may receive certain covered services without charge in certain member states, but eligibility and scope restrictions apply; this is not a blanket free service or a determination that registration is unnecessary.

Streamlined Sales Tax says eligible sellers must register through its system, contract with a provider, and meet criteria that include limits on in-state business location, property, payroll, and prior collection activity. Its program registration snapshot reported 35,632 total active registrations as of August 31, 2026; that figure describes registrations in the program, not the number of sellers that owe tax.

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Regardless of the method, account for any period before a provider’s service starts. A provider’s role and contract do not make earlier filing periods disappear.

Records to keep for state-by-state compliance

  • Destination state, transaction date, sales channel, and transaction amount.
  • Product or service category and the taxability treatment used.
  • Marketplace reports showing which transactions the facilitator handled.
  • Exemption certificates and other records supporting excluded transactions.
  • Threshold calculations, state registrations, assigned filing schedules, filed returns, and payment confirmations.
  • Provider contracts and documentation showing when services began and which obligations they cover.

This is general U.S. guidance, not an individualized tax determination. Because state thresholds, taxability rules, and marketplace requirements differ and change, base decisions on your actual sales and activities and each relevant state’s current instructions.

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