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.
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
| Situation | Position |
|---|---|
| Out-of-state seller, under $500,000 into California, no physical presence | No registration obligation |
| Out-of-state seller, over $500,000 into California | Register. Obligation begins on crossing the threshold |
| All sales through a marketplace that collects and remits | The facilitator handles collection, but your sales still count toward the threshold, and registration may still be required |
| Inventory stored in a California fulfilment centre | Physical presence. Registration obligation generally immediate, regardless of sales volume |
| Services only, no tangible personal property | Generally outside the sales tax base, but check, because bundled arrangements and some fabrication services are taxable |
| Software delivered electronically | Generally 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.