This post has been updated; it was originally published in February 2023.
A growing number of states are eliminating the transaction threshold that establishes sales tax nexus for remote sellers, including the state that launched economic nexus: South Dakota.
In 2016, South Dakota enacted an economic nexus law requiring out-of-state businesses to register for sales tax if they had more than $100,000 in gross sales or at least 200 separate transactions in the state in the current or previous calendar year.
Lawmakers did this despite the fact that, at the time, states did not have the authority to tax a business with no physical presence in the state.
A legal battle over South Dakota’s law went all the way to the Supreme Court of the United States. The decision in South Dakota v. Wayfair, Inc. (June 21, 2018) repealed the physical presence requirement for sales tax, freeing all states to tax remote sales. (Physical presence in a state continues to be a sales tax nexus trigger.)
Every state with a general sales tax now has an economic nexus law on the books, and many states emulated South Dakota’s remote seller threshold of $100,000 in sales or 200 transactions. But that’s changing.
As of January 1, 2025, 14 states — including South Dakota — have cut the 200-transaction threshold from their economic nexus laws. New Jersey and Utah have introduced legislation to eliminate their transaction thresholds in 2025, and they’re unlikely to be the last.