Delaware Tax Nexus
Delaware does not impose a sales tax, but it does have an annual business license requirement and it imposes a gross receipts tax on the seller of goods or provider of services. Sales of tangible personal property are also subject to a retail or wholesaler license and gross receipts tax.
Any person or entity with nexus in Delaware is required to obtain a Delaware business license from the Delaware Division of Revenue. The division provides a nexus questionnaire to help business taxpayers determine if they have nexus. See the nexus questionnaire.
Delaware nexus for out-of-state sellers
Delaware has not enacted legislation or issued regulations concerning the taxation of businesses that operate over the internet. However, the state’s position is that “persons conducting business via the internet are not treated any differently than persons conducting business by traditional means.” A business must have minimal contact with, or a presence in, the state to trigger nexus.
The Division of Revenue explains, “There are many activities — too many to list here — which create the jurisdictional right to tax, referred to as ‘nexus.’ It is our position that merely creating an internet site by a non-Delaware business does not, by itself, create nexus. But, locating a server in Delaware would create nexus/jurisdiction to tax the respective business.”