Wayfair’s Unintended Consequences: Compliance Challenges for Small Remote Sellers

To mitigate the impact on small remote sellers, the federal Wayfair ruling required states to include a safe harbor provision in their sales tax laws. These provisions are meant to lessen the compliance burden by exempting businesses that fall below certain thresholds—typically based on sales volume or transaction count, like $100,000 in sales or 200 transactions—from the obligation to collect and remit sales tax.

While this was a step in the right direction, the varying safe harbor thresholds and requirements across states have created an overwhelming burden for small remote sellers. They must first determine where they have economic nexus based on the 46 different safe harbor provisions and then navigate the various requirements related to registration, return filings, notice responses, and audits.

Sales tax compliance in this environment is highly complicated, costly, and stressful for small remote sellers. Unlike large corporations with dedicated tax teams, these small businesses often lack the resources to confidently comply with the myriad state tax laws. Many small remote sellers who decide to pursue compliance turn to software solutions and external consultants, while others attempt to handle compliance in-house, often with less favorable outcomes.

Managing Sales Tax Compliance as a Small Business

If you’re a small remote seller, here are a few strategies to manage compliance more effectively:

1. Evaluate Software Solutions: Look for sales tax software that can automate calculation and reporting to ease (though not replace) the compliance process.

2. Consult an Expert: A sales tax consultant can help you understand nexus thresholds and manage filings across states, saving time and reducing the risk of errors.

Six years after the Wayfair ruling, challenges for small remote sellers persist. The ruling, while addressing inequities for local businesses, has inadvertently created barriers to small business creation, growth, and entrepreneurial spirit. Non-compliance—whether intentional or unintentional—poses a high risk, and many small sellers are increasingly anxious about potential audits in the coming years.

Need Help Navigating Sales Tax Complexity?
Navigating multi-state compliance can feel overwhelming, but it doesn’t have to be. Reach out to learn more about how I can help simplify sales tax compliance, so you can focus on growing your business.

A Brief History of U.S. Sales Tax

The Birth of U.S. Sales Tax

The complexities of the United States (U.S.) sales tax system are not new; they have deep historical roots. The U.S. sales tax system was born out of necessity during the Great Depression in the 1930s and expanded to additional states throughout the following decades. From its inception, sales tax has been monitored at the state level rather than federally, with multiple jurisdictions within each state levying taxes on top of the state tax, leading to a complex and varied tax landscape across the country.

The authority of states to impose taxes on interstate commerce has long been limited by the Commerce Clause in the U.S. Constitution. The landmark 1977 case Complete Auto Transit, Inc. v. Brady established that a "substantial" connection must exist between the state and the activity being taxed. However, the definition of what constituted a "substantial connection" was not particularly clear from this outcome, leading to another landmark case in 1992.

The Impact of Quill and Physical Nexus

In the 1992 case Quill Corp. v. North Dakota, the U.S. Supreme Court reinforced the physical presence—known as "physical nexus"—rule, clarifying that a company must have a physical presence, such as offices, warehouses, or employees in a state, for that state to require the company to collect and remit sales taxes. Until that time, states were limited in their ability to require a “remote seller”—an out-of-state seller that does not have a physical presence in the state—to collect and remit sales tax on transactions. Instead, the burden fell on the buyer in those transactions to remit a "use tax" to the state, which had a notoriously low compliance rate.

The Wayfair Ruling and Modern Implications

This all changed on June 21, 2018, when the U.S. Supreme Court overturned the Quill decision in its landmark decision in South Dakota v. Wayfair Inc. et al., commonly referred to as the "Wayfair ruling." The Court overturned the long-standing physical nexus rule, making it lawful for states to require remote sellers to collect and remit sales tax based on "economic nexus," a significant economic connection to a state, in addition to physical nexus. This decision, passed by a narrow 5-4 vote, has had far-reaching implications. Each state has since enacted its own sales tax laws related to economic nexus, adding to the already complex web of regulations that businesses must navigate.

The Wayfair ruling was seen as a logical evolution, reflecting the growing importance of e-commerce and aiming to level the playing field between online sellers and local businesses. Over the past few decades, the U.S. retail landscape has transformed, with online sellers gaining a competitive edge over brick-and-mortar stores due to the absence of sales tax obligations. The ruling sought to address this disparity by allowing states to capture revenue from remote sellers who had a significant economic presence within their borders.

How These Changes Affect Businesses Today

For e-commerce and other remote sellers, understanding and complying with these complex sales tax laws can be daunting. Each state has its own regulations around economic nexus thresholds, and new businesses may struggle to keep up with compliance requirements, especially as they expand their market reach. My work with e-commerce companies has shown me just how overwhelming these changes can be—particularly for those new to navigating U.S. sales tax requirements.

Need Help Navigating Sales Tax Complexity?

The evolving landscape of U.S. sales tax laws can feel overwhelming. This is where I come in: as a consultant with years of experience in U.S. sales tax compliance, I help businesses navigate the complexities of sales tax in multiple states. Whether you’re just learning about nexus laws or need help managing compliance across state lines, I’m here to guide you through it.

If you have any questions about your sales tax obligations or want to learn more, feel free to reach out! And if you're interested in staying up-to-date with the latest sales tax insights and updates, consider subscribing to my blog.