Utah is a member of the Streamlined Sales and Use Tax Agreement (SSUTA, or SST), and the Streamlined Sales and Use Tax Governing Board is encouraging member states to get rid of their transaction thresholds.
“There’s a big initiative among the SST states to remove and update the transaction threshold,” says Chad Paulson, Manager of SST Government Affairs at Avalara. “It’s a burden for small sellers who do very low-dollar transactions to collect and remit in all these states.”
The 200-transactions threshold can also be costly for states to administer. For these two reasons, many sales tax experts support retiring it.
“The amount of tax collected should be greater than the cost of compliance,” observes Scott Peterson, VP of Government Relations at Avalara. “States have realized some businesses sell a lot of very inexpensive products, producing an amount of tax that is much less than the cost of compliance.” This is the incentive behind eliminating the transaction threshold.
Diane Yetter, President and Founder of the Sales Tax Institute and YETTER Tax, has described the $100,000 in sales or 200 transactions test as “the most onerous” economic nexus threshold used by states. “A third of our clients with sales under $50,000 in a state in the last year were required to register solely by exceeding the 200-transaction threshold,” she wrote in her testimony for a 2022 United States Senate Finance Committee hearing on the impact of the Wayfair decision on small businesses.
“The 200-transaction threshold is particularly problematic,” according to Manish Bhatt, a Senior Policy Analyst with the Center for State Tax Policy at the Tax Foundation. If you make 200 transactions for $5 each in Maryland, he explained during a webinar on post-Wayfair remote sales tax reforms, “for $1,000 of economic activity in Maryland you could be subject to collection and remittance obligations, and those compliance burdens may far exceed the amount that you’ve actually sold into the state.”
Check out our state-by-state guide to economic nexus laws to learn more about the remote seller thresholds in each state — there are a lot to them. And if you’re wondering whether your business is registered for sales tax in all the right states, our free economic nexus risk assessment can help.