Remote vendors whose sales into Indiana or Wyoming meet the 200-transactions threshold but fall beneath the $100,000 threshold must be keen to learn how soon they can stop collecting and remitting sales tax in these two states.
Some states have trailing nexus laws that require a business to maintain their sales tax permit for a period after the business no longer has nexus with the state. Trailing nexus typically applies to businesses with a physical presence in the state but may also affect remote vendors. Indeed, some states require remote sellers to collect tax during the year following a year in which the business meets an economic nexus threshold, regardless of their sales volume in the state that following year.
It’s not always clear whether a state has a trailing nexus policy. However, as members of the Streamlined Sales and Use Tax Agreement, Indiana and Wyoming both provide relatively clear guidelines for “When is a remote seller who falls below a state’s economic nexus threshold allowed to stop collecting and remitting the tax.”
Indiana allows a remote seller to 1) cancel their sales tax registration, 2) change their status to inactive (non-filer), or 3) change their filing frequency to annual “any time after the measurement period ends.” For Indiana, the measurement period is the previous or current calendar year. (See the Streamlined Sales Tax Indiana Taxability Matrix for more details.)
Wyoming also allows a remote seller to cancel its sales tax license after the measurement period ends. Like Indiana, the measurement period for Wyoming is the previous or current calendar year. (See the Streamlined Sales Tax Wyoming Taxability Matrix for more details.)
Of course, economic nexus is just one way for a business to establish a sales tax obligation. Physical presence in a state, ties to in-state affiliates, and even referrals from in-state businesses can also trigger nexus. It’s a best practice to consult with a trusted tax advisor before acting in any way that could put your business at risk.