Sales Tax Scaries 4: Nexus and Taxability
When Sales Tax Creeps Up on You
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For international businesses selling into the U.S., state tax compliance has long been a gray area, especially following the expansion of economic nexus standards post Wayfair. Now, Washington state is offering a limited-time opportunity for certain businesses to come into compliance on more favorable terms.
The Washington Department of Revenue has introduced a temporary International Remote Seller Voluntary Disclosure Program (VDP). For eligible companies, this program provides a structured path to resolve prior tax exposure while significantly reducing potential penalties and lookback periods.
This opportunity is only available from February 1st through May 31st, 2026, making timing a critical factor. Businesses that may have delayed addressing Washington tax obligations now have a defined window to act before standard enforcement rules apply.
Unlike traditional voluntary disclosure agreements, this program is tailored specifically to non-U.S. sellers, designed to encourage participation and streamline compliance.
The program is intended for international remote sellers and marketplace facilitators that have established economic nexus in Washington but have not yet taken steps toward compliance.
To qualify, businesses generally must:
For many companies, this reflects a common scenario: cross-border sales into the U.S. triggering tax obligations without a clear compliance strategy in place.
What sets this initiative apart is the level of relief Washington is offering, particularly when compared to standard voluntary disclosure programs.
Participants may benefit from:
The shortened lookback period for uncollected sales tax is especially notable, as it significantly limits historical liability in a way that is uncommon among states.
While the program offers great relief, it does not apply equally in all scenarios.
If a business has collected sales tax but failed to remit it, the terms change:
This distinction is critical and should be evaluated carefully.
States continue to increase efforts with enforcing remote sellers, and Washington is no exception. With broad economic nexus standards and active audit activity, the risk of noncompliance is only growing.
This program signals a clear intent from the state:
For affected companies, this creates a rare opportunity to address exposure under more favorable conditions than would typically be available.
Companies that sell into Washington and operate outside the U.S. should take a proactive approach while the program is still open.
Key next steps include:
Delaying action could result in losing access to the program’s benefits and facing full lookback periods and penalties under standard enforcement.
Washington’s International Remote Seller VDP offers a time-sensitive opportunity for international businesses to reset their compliance position with reduced risk.
For those that qualify, it’s not just about resolving past liabilities, it’s about establishing a stronger, more sustainable path forward in an increasingly complex U.S. sales tax environment.
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