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California Overhauls Its Economic Nexus Thresholds

California-Flag-Bear_GI-89483560-BW-MDLess than a month after California’s economic nexus laws became effective, the largest state has changed their legislation to the benefit of many small sellers across the nation. On April 25, 2019, Governor Gavin Newsom signed the bill (AB-147) that raised the economic nexus threshold. Under the new law, if remote sellers have $500,000+ in sales on an annual basis to California customers, they are responsible for collecting and remitting sales tax. Previously, the thresholds were $100,000 in total gross sales into the state or 200 transactions.

The new law also requires marketplace facilitators (such as Amazon and Ebay) to begin collecting and remitting sales tax to the state of California on behalf of their third-party sellers who meet these new economic thresholds, beginning October 1, 2019. California is one of several states that has eliminated the transaction count from economic nexus thresholds. For most small sellers, the transaction count is the trigger than creates sales tax obligations. Will other states start to follow California’s lead which will positively impact small sellers? Only time will tell, but that has been the trend over the last few months.

Click here for a list of states with economic nexus laws and marketplace facilitator requirements:

Cherry Bekaert's Nexus Charts
Please be aware, if a company has physical presence in the state, these new laws do not have an impact, as the responsibility to collect tax already exists due to the existing physical connection with the state. Physical presence can stem from many activities: offices, employees, independent sales agents, inventory in the state (including at Amazon warehouses).

Sales tax obligations are rapidly changing as a result of the Wayfair Supreme Court decision last year. Get help figuring out how your company is impacted by the decision, as well as assistance with compliance by contacting our Cherry Bekaert Sales Tax team.

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Lauren Stinson, CMI
Written by Lauren Stinson, CMI
As a Principal with Cherry Bekaert, Lauren serves as the National Leader for the Sales & Use Tax practice within the Firm’s State & Local Tax group. Based in Cherry Bekaert’s Atlanta practice, Lauren is an expert on sales and use tax issues that directly impact manufacturers, technology businesses and eCommerce sellers on the state and national levels.