US Economic Nexus: Learn how businesses establish sales tax obligations based on physical & economic presence, thresholds, exclusions. Stay compliant.
Josh Erenfrid
Tax Technology Manager
Published
May 9, 2023
Last update
May 12, 2025
Nexus refers to the connection or presence that a business has in a particular state that gives that state the authority to require the business to collect and remit sales tax on its taxable sales in that state. In the context of U.S. sales tax, nexus is established when a business has a physical presence in a state (physical nexus), such as a store, warehouse, or employees, or when it engages in certain types of economic activity in that state (economic nexus).
If a business has no nexus in a particular state, then that state cannot require the business to charge sales tax.
Economic nexus typically arises when a business exceeds certain thresholds of sales, transactions, or other economic activity within a state, even if the business does not have a physical presence in that state. The concept of economic nexus has become increasingly important with the rise of e-commerce and online sales, as it allows states to impose sales tax obligations on out-of-state businesses that may not have a physical presence in the state.
Each U.S. state has its own rules on what constitutes economic nexus, which can vary considerably. We have detailed the most important information needed to complete this calculation:
Sales threshold: Economic nexus can be triggered by making a certain value of sales in a state during a given time period. Some states also have a trigger based on the number of transactions (generally 200). A few states require that both triggers are met before the nexus is created.
Reference period: Most states look at the calendar year when determining whether the economic nexus threshold has been reached (e.g. January 1, 2022 to December 31, 2022). However, some states have different reference periods.
Transactions made through a registered marketplace facilitator excluded: To calculate nexus, some states allow sellers to exclude any sales made through a registered marketplace facilitator (e.g. a marketplace facilitator registered for sales tax who calculates, collects, and remits sales tax on the seller’s behalf). Most states however require that sellers include both sales made directly to customers and sales made to customers through a marketplace facilitator when performing a nexus calculation.
Transactions made to a reseller excluded: Some states allow sellers to exclude sales made to resellers when performing a nexus calculation. As a general rule, sales made to resellers holding a valid exemption certificate are not subject to sales tax.
Limited to certain transaction types: Some states allow sellers to exclude certain types of sales when performing a nexus calculation, for example, non-taxable sales or sales of anything other than tangible personal property (TPP).
Alabama
$250,000 in sales during the prior calendar year
Transactions made through a registered marketplace facilitator excluded: Yes
$100,000 in sales OR 200 transactions during a 12 month period ending any quarter (e.g. July 1, 2021 to June 30, 2022 or April 1, 2022 to March 31, 2023)
Transactions made through a registered marketplace facilitator excluded: Yes
Over $500,000 in sales AND 100 transactions during any 12 month period ending any quarter (e.g. July 1, 2021 to June 30, 2022 or April 1, 2022 to March 31, 2023)
Transactions made through a registered marketplace facilitator excluded: No
Streamline your sales tax processes with Fonoa. Our tax technology solutions simplify sales tax management for businesses selling in the United States. Stay compliant with state-specific requirements, track tax rates across 11,000+ jurisdictions, adapt quickly to changing tax laws, and effortlessly manage new products or business lines. Discover how Fonoa can help you navigate the complexities of sales tax. Contact us now to transform your tax operations.
A step-by-step framework to help businesses manage their indirect tax filings and achieve compliance in a streamlined, efficient, and scalable manner.
Josh Erenfrid
Tax Technology Manager
Tax Tech Manager at Fonoa. Former Indirect Tax Senior Manager at Believe. Based in Troyes, France. Expands & improves tax engine product, assists clients in onboarding. Joined Fonoa for innovative solutions to complex tax challenges.