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Sales Tax

California sales tax nexus

$500,000 of sales delivered into California: a sales-only test, with no transaction count, and marketplace sales included.

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The threshold

California AB 147, effective 1 April 2019

A retailer is engaged in business in California if its total combined sales of tangible personal property for delivery into California exceed $500,000 in the preceding or current calendar year.

It is a sales-only test. The 200-transaction alternative that many states use was eliminated in California in 2019: a fact a great many out-of-state sellers still get wrong.

Sales made through a marketplace count toward the threshold test, even where the marketplace facilitator collects and remits the tax.

Nexus starts when you cross, not at period end

The obligation attaches at the point the threshold is crossed, not at the end of the quarter or the year. If you cross in March, sales from that point are within scope.

Physical presence is separate and generally immediate: an office, an employee, a contractor, or inventory held in a California warehouse, which is the one that catches out marketplace sellers whose goods are moved into the state without their involvement.

Common situations

SituationPosition
Out-of-state seller, under $500,000 into California, no physical presenceNo registration obligation
Out-of-state seller, over $500,000 into CaliforniaRegister. Obligation begins on crossing the threshold
All sales through a marketplace that collects and remitsThe facilitator handles collection, but your sales still count toward the threshold, and registration may still be required
Inventory stored in a California fulfilment centrePhysical presence. Registration obligation generally immediate, regardless of sales volume
Services only, no tangible personal propertyGenerally outside the sales tax base, but check, because bundled arrangements and some fabrication services are taxable
Software delivered electronicallyGenerally not taxable in California; delivered on physical media, generally taxable

If you are already over and never registered

California operates a voluntary disclosure programme that can limit the lookback period and abate penalties. It is available before the CDTFA contacts you, and generally not afterwards.

Given that the statute of limitations runs to eight years for unfiled periods, the difference between disclosing and being found is frequently the largest number in the whole analysis.

Common questions

Not answered here? Ask us directly: we would rather explain it than have you guess.

Does the $500,000 test include sales made through Amazon or Etsy?

Yes for the threshold test: marketplace sales count toward the $500,000, but the marketplace facilitator is generally responsible for collecting and remitting tax on those particular sales, so you can be over the threshold, required to register, and still have the facilitator collecting on the marketplace portion while you collect on your direct sales. It is a common source of confusion and it is worth mapping out properly.

We sell services, not products. Do we need to worry?

California's sales tax base is tangible personal property, so pure services are generally outside it. The traps are bundling: if a service is sold together with tangible goods the whole charge can become taxable, and fabrication or assembly services performed on customer property, which are treated differently. If your invoices mix services and goods, that is worth reviewing.

What about income tax nexus? Is it the same test?

No, and this catches people out. California has a separate economic nexus standard for income and franchise tax purposes with different thresholds, and public-law protection for sellers of tangible goods does not extend to services. Crossing the sales tax threshold frequently means an income tax filing question exists too. They should be looked at together.

When exactly does the obligation start?

On crossing the threshold, measured against the current or preceding calendar year, not at the end of the period. In practice, monitoring your California sales against the $500,000 line during the year is the way to avoid discovering the crossing months after the fact.

We are registered but have not been collecting district tax correctly.

That is extremely common and it is the single largest source of assessments we see. Collecting the statewide rate but misallocating or omitting district tax produces a liability even when the total collected looks about right. See our district tax page, it is worth reviewing before an auditor does.

How do we start?

Book a scoping call using the form on this page, or call us. We will ask what you need, who is asking you for it, and what condition your records are in, then tell you what the engagement involves and what it will cost before anything begins.

Book a scoping call

Twenty minutes, no charge. Tell us what you need and we will tell you what it involves, what it will take, and whether we are the right fit for it.

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  • A clear scope and a fixed quote before anything begins.
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Free resource

What to do in the first two weeks of a CDTFA audit

The early decisions in a sales tax audit set the shape of the whole thing: the period, the sample method, and what leaves your office. This is the sequence we follow.

  • What to send in response to the first letter, and what to hold
  • How the sample period is chosen and where you get a say
  • Records to assemble before the opening conference
  • Statute of limitations and waiver requests, in plain terms

There is no instant download. A person sends it, usually the same working day.