Sales tax can be based on the billing address when there’s no clear shipping address, delivery address, or location of first use. This is most likely to arise with online sales of digital products or services — because retailers need a shipping address to deliver physical goods.
“Basing sales tax on the billing address is a fallback situation,” explains Scott Peterson, VP of Government Relations at Avalara. “Except in the case of mobile phones, which are sourced to the place of primary use, it can only be used when the seller doesn’t have enough information to collect the destination rate. The first requirement is for the seller to see if they have a ship-to address on record.”