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US economic-nexus monitoring (post-Wayfair)

wayfair-economic-nexus-monitoringDomain: taxType: process

Description

A working economic-nexus monitoring program tracks per-state revenue and transaction counts against each state's nexus threshold, alerts before the threshold crosses, and runs the registration workflow with the Department of Revenue in time for the platform to start collecting on the first taxable sale after the trigger. The components are the per-state tracker (running on the measurement period each state defines, typically calendar year or trailing twelve months), the alerting layer with enough buffer to start the registration workflow, the registration workflow itself, and the collection-and-remittance plumbing that applies the correct combined rate (state plus county plus municipal plus special-district, with thousands of distinct rates nationally) once registration is live. South Dakota v. Wayfair (2018) replaced the physical-presence test for state sales-tax nexus with an economic-presence test, and within five years every state that levies sales tax had adopted economic-nexus thresholds. The thresholds vary in ways operations has to actually model. Most states sit at $100,000 in revenue or 200 transactions in a calendar or trailing-twelve-month window, but several states have raised the revenue threshold (Texas to $500K), and several have dropped the transaction-count side after operational complaints (California removed its 200-transaction test for remote sellers). The SSUTA participating states (around twenty-four) offer unified registration through a single application, which is the operationally easier path; the non-SSUTA states each require separate state-by-state work. The recurring failure mode is silent threshold crossing. A platform that learns it crossed Pennsylvania's threshold in February but did not register until October owes back-tax on every taxable Pennsylvania sale since February, with interest, and typically without any way to recover the tax from customers who already received a pre-tax invoice. The marketplace-facilitator framework in around forty-six states plus DC adds another layer: if the platform is a marketplace facilitator under the state's definition, the registration and collection obligation may run against the platform on behalf of its sellers, not against the sellers individually. The pattern that holds up under audit treats threshold monitoring as a continuous projection rather than a quarterly check, and starts the registration workflow when the projection crosses a defined buffer below the threshold. Evidence formats that hold up include the per-state revenue and transaction dashboard, the registration certificates, and the sales-tax returns filed on the state's required cadence.

Applicability

Applies when: markets include US.

How predicates are evaluated

Required by (1 regulation)

  • US Sales Tax (Wayfair)

    South Dakota v. Wayfair (2018) + per-state economic-nexus statutes — typically $100K-$500K revenue OR 200 transactions; rolling-12-month tracking; SSUTA participating states (~24) provide unified registration; marketplace-facilitator framework in ~46 states + DC.

    South Dakota v. Wayfair (2018) + per-state economic-nexus statutes

    Source →

Fulfilled by (3)

  • avalara · full · low effort · $$
  • taxjar · full · low effort · $$
  • vertex · full · high effort · $$$

Magist does not accept payment from vendors. Methodology.

Evidence formats

  • per-state revenue + transaction dashboard
  • registration certificates
  • sales-tax returns

Magist provides legal information based on publicly available regulatory sources. It does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your jurisdiction before making compliance decisions.

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Built by Neel Patel, a practicing in-house games attorney. Games touch more compliance domains at once than anything else in tech — Magist was designed around that.

Magist provides legal information based on publicly available regulatory sources. It does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed attorney in your jurisdiction before making compliance decisions. Operated by a Washington-licensed attorney. Not licensed in California or other US states. Magist provides legal information; consult a licensed attorney in your jurisdiction.

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