Sales Tax Scaries 4: Nexus and Taxability
When Sales Tax Creeps Up on You
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Hard to believe the year is almost over – and it’s also hard to believe just how much change sales tax can stuff into just 12 months. But change did occur, and it’s up to you to stay current and compliant in 2026 with sales tax.
Here’s an overview to help you get started in such areas as nexus and taxability, your possible sales tax exposure and ways you can protect yourself and make compliance easier in the future.
Many important changes happened in the world of sales tax in 2025. If you don’t keep your systems and processes current with the latest information, you could be opening your business up to risk. Here’s a brief overview of some legislation of note that happened in 2025:
Sales tax nexus
Taxability
Rate reductions & fee adjustments
Exemptions
Compliance / Administrative
*Keep in mind that this doesn’t cover every update made in 2025 – just a few we deemed important to note
Let’s examine a few terms that are key to understanding your sales tax compliance.
Nexus, for example, is your connection to the tax jurisdiction that determines you must abide by their sales tax rules and obligations. This connection can often be created by a certain number of sales in a given state though a period time, such as a year. (We usually advise companies who find themselves with $100,000 or more in sales in a state to examine whether they’ve created economic nexus.)
The 2018 United States Supreme Court decision with Wayfair opened the door for almost all states to require remote retailers to begin collecting and remitting tax for sales in their states. Some states also have nexus triggers based the quantity of transactions that your company conducts in a state in a year.
(Five states don’t have a state level sales tax: the “NOMAD” states: Delaware, New Hampshire, Montana, Oregon and Alaska. Within those states lurk smaller tax jurisdictions of cities and towns that may have their own sales tax regulations. Beware of Alaska, especially.)
Older and most familiar is physical nexus, which can include your company merely having an office or an employee or contractor/subcontractor in a state, or in cases warehousing inventory in a state. We suggest monitoring your physical nexus risk every few months.
We like to distinguish nexus from taxability. Like nexus, taxability differs by state But it generally includes all tangible personal property unless it’s otherwise exempt. (Louisiana did a taxability change in 2025, for instance, by instituting a sales tax on SaaS.) Services are also generally excluded, but more states are starting to bring services into their taxable base.
You also need to consider situs, or the location in which a taxing event occurs. It’s easy to determine when the entire transaction occurs at the point-of-sale but is more difficult when the transaction involves numerous sites, as with a SaaS product that may have tens of thousands of seats and users nationwide.
Let's say that in preparation for your sales tax activities in 2026, you come across some prior exposure in a state where you didn’t properly collective remit sales tax. What do you do?
You have options to mitigate prior exposure:
Review (or create in the first place) a formal system to manage your sales tax registrations, payments, filings, exemption certificates and all other details to handle stay in sales tax compliance.
Assign least one staffer to handle the project and stress the system’s importance – but make that sure that staffer (who may one day be unavailable) shares with management the log-in and other crucial information concerning accessing sales tax records. (We see this problem a lot.)
Stay up to date and protected with your sales tax obligations heading into the new year, when we expect to see expanding taxability beyond goods to include software. Elsewhere we’ll see more states drop the transaction threshold for economic nexus. There will be a growing emphasis on electronic filing and compliance automation.
For more on 2025 and 2026 in sales tax, see our recent webinar, “Sales Tax Year in Review & Compliance Strategies for 2026,” or let TaxConnex manage the burden of keeping up with all the changes and sales tax challenges. Contact us to learn more.
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