The need to collect sales tax in Pennsylvania is predicated on having a significant connection with the state. This is a concept known as nexus. Nexus is a Latin word that means “to bind or tie,” and it’s the deciding factor for whether the state has the legal authority to require your business to collect, file, and remit sales tax.
Nexus triggers
Sales tax nexus in all states used to be limited to physical presence: A state could require a business to collect and remit sales tax only if it had a physical presence in the state, such as employees or an office, retail store, or warehouse.
In June 2018, the Supreme Court of the United States overruled the physical presence rule with its decision in South Dakota v. Wayfair, Inc. States are now free to tax businesses based on their economic and virtual connections to the state, or economic nexus.
While physical presence still triggers a sales tax collection obligation in Pennsylvania, it’s now possible for out-of-state sellers to have sales tax nexus with Pennsyvlvania.
Out-of-state sellers
Out-of-state sellers with no physical presence in Pennsylvania can establish sales tax nexus in the following ways:
Affiliate nexus: Having ties to businesses or affiliates in Pennsylvania. This includes, but isn’t limited to, the design and development of property sold by the remote retailer, or solicitation of sales of goods on behalf of the retailer. It also includes using any person, other than a common carrier, to facilitate sales or the delivery of the seller’s goods in the state.
Click-through nexus: Having an agreement to reward a person(s) in the state for directly or indirectly referring potential purchasers of goods through an internet link, website, or otherwise.
Physical presence: Having a physical presence in Pennsylvania. This includes maintaining an office, warehouse, or other place of business in the state, or having employees, agents, or representatives operating in Pennsylvania on the seller’s behalf to establish or maintain a market for its products. Pennsylvania does not have a separate “affiliate nexus” or “click-through nexus” statute that automatically creates nexus based solely on ownership relationships or referral agreements. However, in-state activities performed on behalf of the seller may create nexus if they constitute a physical presence.
Economic nexus: Beginning July 1, 2019, having more than $100,000 in gross sales into Pennsylvania during the previous 12-month period. The threshold is based on total gross sales, not the number of transactions. Marketplace facilitators must include both direct and facilitated sales when determining whether the threshold has been met. Marketplace sellers must include direct sales and sales made through a marketplace where the facilitator does not collect tax on their behalf.
Inventory in the state: Maintaining inventory in Pennsylvania may create nexus if it reflects a physical presence in the Commonwealth. However, the mere storage of inventory in certain third-party fulfillment arrangements does not automatically establish nexus in every circumstance. Nexus determinations depend on the specific facts and business activities conducted in the state.
Trade shows: Participating in conventions or trade shows in Pennsylvania. You may be liable for collecting and remitting Pennsylvania use tax on orders taken or sales made during Pennsylvania conventions or trade shows. All businesses that make taxable sales in the state are required to register and collect sales tax. Any business that doesn’t have a permanent physical location in Pennsylvania but makes taxable sales there on an irregular basis is required to register for a transient vendor’s license.
Non-collecting seller use tax notice and reporting requirements for marketplace facilitators, remote sellers, and referrers: Pennsylvania requires marketplace facilitators, remote sellers, and referrers that make more than $10,000 in taxable sales to Pennsylvania customers during the prior 12-month period to make an election to either:
- Register to collect and remit sales tax, or
- Comply with use tax notification and reporting requirements for non-collecting sellers.
Once economic nexus takes effect on July 1, 2019, marketplace facilitators and sellers who made over $100,000 in Pennsylvania sales will no longer have the option to comply with non-collecting seller use tax notification and reporting requirements rather than register and collect. Instead, they’ll be required to comply with Pennsylvania sales and use tax laws.
If you have sales tax nexus in Pennsylvania, you’re required to register with the DOR and to charge, collect, and remit the appropriate tax to the state.
For more information, visit: Pennsylvania Department of Revenue.
Trailing nexus
Sales tax nexus can linger even after a retailer ceases the activities that caused it to be “engaged in business” in the state. This is known as trailing nexus. Currently, Pennsylvania doesn’t have an explicit policy regarding trailing nexus.
Fulfillment by Amazon (FBA)
If you’re an active Amazon seller and you use Fulfillment by Amazon (FBA), you need to know where your inventory is stored and if its presence in a state will trigger nexus. FBA sellers can also download an Inventory Event Detail Report from Amazon Seller Central to identify inventory stored in Pennsylvania.
If you sell taxable goods to Pennsylvania residents and have inventory stored in the state, you likely have nexus and an obligation to collect and remit tax. To begin to understand your unique nexus obligations, check out our free economic nexus tool or consult with a trusted tax advisor.
Sourcing sales tax in Pennsylvania: which rate to collect
In some states, sales tax rates, rules, and regulations are based on the location of the seller and the origin of the sale (origin-based sourcing). In others, sales tax is based on the location of the buyer and the destination of the sale (destination-based sourcing).
Pennsylvania is a modified origin-based state. For a Pennsylvania-based seller, sales and use tax is generally based on the location of the seller. However, sales from an out-of-state vendor to a Pennsylvania consumer (interstate sales) are generally sourced to the location where the consumer receives the property.