Sales tax when Amazon collects some of it and your stock sits in other states

Greymill AcademyUS6 min readReviewed Oct 202628 primary sourcesUK version

The short answer

How economic and inventory nexus work for an online seller, what marketplace facilitator laws do and do not cover, the state income tax and tariff refund traps, and why to clean up past exposure before you sell.

The takeaway. Check nexus state by state: economic thresholds (states differ on counting marketplace sales) and inventory from the first unit. Marketplace collection never covers your own-site sales.

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Written for online stores in the US selling on their own site or on marketplaces: direct-to-consumer brands, private-label and FBA sellers, dropshippers and subscription sellers.

The short version

  1. Map where your sales and stock are.Pull sales by state for every channel, plus your FBA and 3PL inventory location reports. FBA can spread stock across several states.
  2. Check each state's threshold and stock rule.Thresholds differ, and states differ on counting marketplace sales. Stock in a state generally creates nexus, a tax link, from the first unit.
  3. Register for your own-site sales.Marketplace collection never covers own-site sales. Register, collect and file for them wherever you have nexus. Clean up past years before the state contacts you.

For an online seller, sales tax is decided state by state. Where you owe it depends on where your customers are, where your stock sits, and which channel each sale goes through. FBA can spread your inventory across several states.

The rule

Nexus without a physical presence

A state may require a remote seller to collect sales tax on economic presence alone. 45 states plus DC have a statewide sales tax; Alaska, Delaware, Montana, New Hampshire and Oregon have none at state level, though Alaska localities do. As of Oct 2026.

South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018)

The big four thresholds

  • California: more than $500,000 of sales of tangible personal property delivered into the state in the current or preceding calendar year (Rev. & Tax. Code §6203(c)(4)). As of Oct 2026.
  • Texas: more than $500,000 of total Texas revenue in the preceding 12 calendar months (34 TAC §3.286(b)(2)). Texas expects collection to start no later than the first day of the fourth month after you pass it. As of Oct 2026.
  • New York: more than $500,000 of sales of tangible personal property and more than 100 sales in the preceding four sales tax quarters, with both tests met (Tax Law §1101(b)(8)(iv)). As of Oct 2026.
  • Florida: more than $100,000 of taxable remote sales in the previous calendar year (Fla. Stat. §212.0596(2)). As of Oct 2026.
A worked nexus check, with sales as each state counts them
Texas, last 12 months: over $500,000, so register$530,000
California, 2025 (and $310,000 so far in 2026): under $500,000 in both years, so no economic nexus yet$420,000
New York, 2,900 sales but under $500,000: both tests must be met, so no$480,000
Florida, taxable remote sales in 2025: over $100,000, so register$140,000

If this seller also had FBA stock in Arizona and Pennsylvania, that stock would be physical nexus there whatever the sales.

Inventory and marketplaces

Inventory generally creates physical nexus from the first unit. Pull the FBA and 3PL inventory location reports, then check each state's rules for marketplace-only sellers. Marketplace facilitator laws in every sales tax state make Amazon, Walmart, eBay, Etsy and TikTok Shop collect and remit on sales through them. But your own-site sales still need your own registration once you have nexus, and states differ on whether marketplace sales count toward your threshold.

AvoidAssuming that because Amazon collects the tax, you never need to register anywhere.
Do this insteadLetting Amazon collect on Amazon sales, registering, collecting and filing for your own-site sales wherever you have nexus, and registering where a state requires marketplace-only sellers with stock there to.

Back-collecting from customers is rarely possible, so a late start comes straight out of your margin.

What is taxable differs too. Clothing items under $110 are exempt from New York's state tax, though local tax may apply. Shipping is taxable as part of a taxable sale in Texas and New York, while California exempts separately stated delivery by common carrier at no more than cost. Never assume one national rule. As of Oct 2026.

Inventory and state income tax

The rule

P.L. 86-272 stops at the warehouse door

A state cannot tax your net income where your only in-state activity is soliciting orders for goods that are approved and shipped from outside the state. Inventory stored in the state, FBA stock included, takes you outside that protection, and it never covered gross receipts and franchise taxes such as the Texas franchise tax or Washington B&O. As of Oct 2026.

P.L. 86-272, 15 USC 381 to 384

For an online store, the Multistate Tax Commission's 2021 revised statement treats many interactive website functions, such as post-sale chat support and cookies that gather data for product development, as beyond protected solicitation. Some states have adopted it and others have not, so name the state.

California charges its $800 annual LLC tax to any LLC doing business there, and doing business includes California sales above an inflation-adjusted threshold, so an LLC formed in another state can owe it. Once total income from California reaches $250,000, an LLC fee is added on top, from $900 (Rev. & Tax. Code §17941, §17942 and §23101(b)). As of Oct 2026.

If you get a tariff refund

IEEPA duties refunded after the Supreme Court's February 20, 2026 decision are income in the year you receive them, to the extent you deducted them through cost of goods sold in an earlier year (the tax benefit rule, IRC §111). Duty still sitting in ending inventory reduces inventory cost instead. For example, $46,000 of IEEPA duties paid in 2025, deducted through cost of goods sold and refunded in 2026 is 2026 income to the extent of that deduction. As of Oct 2026.

Cleaning up past years

Clean up past exposure before you sell. A voluntary disclosure agreement, approached before the state contacts you, usually limits the lookback to 3 or 4 years and waives most penalties. Buyers price unfiled exposure, so do it before a sale, not during one. As of Oct 2026.

Sales tax you collect is not income, and marketplace-collected tax should not sit in your revenue at all. Equally, the Form 1099-K threshold, more than $20,000 and more than 200 transactions, is not an income exclusion. If your Etsy shop takes, say, $18,000 and no form arrives, reconcile your gross receipts, fees and expenses anyway. As of Oct 2026.

Asked in Greymill

Example question and answer from Tax & Bookkeeping
You
I sell on Amazon FBA and my own site. Amazon collects sales tax, so I've never registered anywhere. My site did $530,000 into Texas in the last 12 months and $140,000 of taxable sales into Florida last year. FBA keeps stock in Arizona and Pennsylvania. Am I OK?
Tax & Bookkeeping
You likely need your own registration in four states.

Texas: more than $500,000 of total Texas revenue in the preceding 12 calendar months (As of Oct 2026). You did $530,000.
Florida: more than $100,000 of taxable remote sales in the previous calendar year (As of Oct 2026). You did $140,000.
Arizona and Pennsylvania: stock there generally creates nexus, a tax link, from the first unit, whatever your sales. Register for your own-site sales, and check each state's rule for marketplace-only sellers.

Amazon's limit: its collection covers Amazon sales only. You can rarely back-collect from customers, so a late start comes out of your margin.

For past years, a voluntary disclosure agreement, approached before the state contacts you, usually limits how far back the state looks to 3 or 4 years and waives most penalties (As of Oct 2026).

Send me your FBA inventory report and I'll check for other states.

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Ask it about your own business

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Your question

I run an online shop in [state], in the US. Run a nexus check for me. Own-site sales by state for this year and last [list], marketplace sales by state [list], states where FBA or my 3PL holds stock [list], and states where I am already registered [list]. Tell me where to register, where to consider a voluntary disclosure, and whether to charge tax on shipping. If I am due an IEEPA duty refund of [$], tell me how to treat it.

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More for online retail and ecommerce in the US

Open the interactive lesson · Every online retail and ecommerce lesson · What Greymill knows about the trade

Sources

The primary sources behind this lesson, checked Oct 2026.

  1. 585 U.S. 162 (2018) (Sales tax: nexus, marketplaces and the big four states)
  2. State list (Sales tax: nexus, marketplaces and the big four states)
  3. Rev. & Tax. Code §6203(c)(4) (Sales tax: nexus, marketplaces and the big four states)
  4. 34 TAC §3.286(b)(2) (Sales tax: nexus, marketplaces and the big four states)
  5. Tax Law §1101(b)(8)(iv) (Sales tax: nexus, marketplaces and the big four states)
  6. Fla. Stat. §212.0596(2) (Sales tax: nexus, marketplaces and the big four states)
  7. Statement of Information on P.L. 86-272 (Aug 2021) (State income and franchise tax, P.L. 86-272 and voluntary disclosure)
  8. FTB, Annual tax and LLC fee; Rev. & Tax. Code §17941, §17942; §23101(b) (State income and franchise tax, P.L. 86-272 and voluntary disclosure)
  9. Due dates; no tax due (State income and franchise tax, P.L. 86-272 and voluntary disclosure)
  10. Fin. Code §22800 to §22805 (Unit economics, landed cost and worked examples in dollars)
  11. Financial Services Law Art. 8 (Unit economics, landed cost and worked examples in dollars)
  12. Quarterly Retail E-Commerce Sales, 2nd quarter 2026, Table 1 and notes (Unit economics, landed cost and worked examples in dollars)
  13. 17 USC 105 (no copyright in US government works) (Unit economics, landed cost and worked examples in dollars)
  14. FOMC statement Sep 16, 2026 (Unit economics, landed cost and worked examples in dollars)
  15. 16 CFR Part 465; 16 CFR 1.98 (Hard cases: sales tax, FEDERAL tax, cash and exit)
  16. 15 USC 381 (Hard cases: sales tax, FEDERAL tax, cash and exit)
  17. Thresholds (Hard cases: sales tax, FEDERAL tax, cash and exit)
  18. IRC §111 (Hard cases: sales tax, FEDERAL tax, cash and exit)
  19. Tax Law §1141(c); R&TC §6811 (Hard cases: sales tax, FEDERAL tax, cash and exit)
  20. Rev. Proc. 2025-32, gross receipts test (Federal tax: entity, inventory, depreciation and 1099S)
  21. FTB conformity tables (Federal tax: entity, inventory, depreciation and 1099S)
  22. Threshold (Federal tax: entity, inventory, depreciation and 1099S)
  23. IRS Publication 946, "What's New for 2026" and "100% special depreciation allowance" (Federal tax: entity, inventory, depreciation and 1099S)
  24. R&TC §6811, §6812 (Growth, size stages and exit)
  25. IRC §1060 (Growth, size stages and exit)
  26. IRC §453(b)(2)(B) (Growth, size stages and exit)
  27. IRC §1202(a), (b), (d) (Growth, size stages and exit)
  28. Public Law 119-21 section 70431(a)-(c), amending IRC section 1202(a), (b), and (d) (Growth, size stages and exit)

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