Taxability rules are complicated and rarely consistent. Product definitions can be very specific. In the 24 states that are members of the Streamlined Sales and Use Tax Agreement (SST), products that contain flour don’t meet the definition of “candy.” So a Reese’s Peanut Butter Cup, which doesn’t contain flour, may be taxed differently than a Twix bar, which does. And even though SST states adhere to the same definition of “candy,” they don’t all tax it the same way.
The taxability of digital products is another area that can make your head spin, in part because states have different definitions for digital goods in their statutes. Which digital products are taxable varies as well. Depending on the state, there may or may not be sales tax on digital photographs, and taxability rules for software can vary depending on how it’s delivered.
Understanding when to collect and remit sales tax on services isn’t easy, either. Some states tax most services. Others tax very few or none at all. Many fit somewhere in between.
Some states have sales tax holidays that can change the taxability of products for a weekend, week, or longer. During sales tax holidays, consumers get a break from paying tax on eligible purchases of normally taxable products like clothing, school supplies, and emergency preparedness items.
Even if you know how the goods and services you sell are taxed today, rules can change tomorrow. There were 85,836 taxability updates in the U.S. and Canada in 2023, and 98,910 U.S. sales tax holiday rule updates.
Understanding the taxability of what you sell is crucial to tax compliance. But keeping track of which goods and services are taxable, which are exempt, and where they are exempt is virtually impossible without the right technology.