Sales Tax Questions
Beginner Quick Answer

Do I automatically have nexus in my home state?

TL;DR

Yes. Operating a business from a state creates physical nexus there with no threshold to cross — you owe sales tax on home-state sales from your very first transaction. Register for a permit before you start selling. The only exception: if your home state is one of the five NOMAD states with no sales tax.

Yes, in virtually every case, you have nexus in your home state from the moment your business makes its first sale. This is the one sales tax obligation that applies regardless of your revenue level, channels, or business stage.

Why home-state nexus is automatic

Nexus is created by physical presence: having an office, inventory, employees, or other business activity in a state. If you’re operating a business, you’re doing it from somewhere. That somewhere is your nexus state.

For a home-based ecommerce seller, physical presence looks like:

  • Working from a home office
  • Storing inventory in a garage, basement, or spare room
  • Registering your business entity in your state
  • Having a bank account or business address in your state

Any of these is sufficient. There’s no threshold in your home state, it’s not “$100,000 before you owe home-state tax.” Physical nexus has no dollar minimum.

What you need to do

Register for a sales tax permit in your home state. This should happen before you make your first taxable sale. Most states process registrations online in 1–4 weeks. Your state’s Department of Revenue website is where you register.

Once registered, you’ll be assigned a filing frequency (monthly, quarterly, or annual based on your expected volume) and a first due date. From there, you file and remit on that schedule for as long as you have nexus in your state.

The exception: NOMAD states

If your home state is one of the five states with no statewide sales tax (Delaware, Montana, New Hampshire, Oregon, or Alaska) there’s no home-state sales tax to collect. Your only obligations are in other states where you cross economic nexus thresholds. Alaska has local tax complications through the Alaska Remote Seller Sales Tax Commission.

In-state vs. out-of-state customers

Home-state nexus applies to sales to customers in your state. It doesn’t mean you owe your home state’s tax on sales to customers in other states: each state’s tax applies to sales to that state’s customers.

A seller based in Ohio:

  • Owes Ohio sales tax on sales to Ohio customers, immediately, from the first sale
  • Owes other states’ tax on sales to their customers, only after crossing those states’ economic nexus thresholds

Your home state when you use FBA or a 3PL

If you use Amazon FBA or a third-party logistics warehouse in your home state, that’s still physical nexus, it just reinforces what already exists. But if FBA places your inventory in other states, those become additional nexus states on top of your home state.

Frequently asked questions

Do I have nexus in my home state automatically?
Yes. Operating a business from a state creates physical nexus there, your home office, your inventory (even stored at home), your place of business are all physical presence. There's no threshold to cross in your home state. You have nexus from the moment you make your first sale.
What if I work from home, does that create nexus?
Yes. Working from home in a state is a physical presence in that state for you as the business operator. Even if you have no dedicated commercial space, your home office is your nexus in your home state.
I'm in one of the five states with no sales tax. Do I still need to worry?
If your home state is Delaware, Montana, New Hampshire, Oregon, or (with exceptions) Alaska, you have no home-state sales tax obligation because no state sales tax exists. You'd only have collection obligations in other states once you cross their thresholds. This is one of the few genuine advantages of operating a business in a NOMAD state.
Do I owe sales tax on ALL my sales to home-state customers, or just some?
On all taxable sales to customers in your state. Whether the sale is through your website, Amazon, Etsy, or any other channel, if the customer is in your state and the product is taxable, you owe sales tax. Marketplace facilitator laws may mean Amazon or Etsy collects on those specific transactions, but your total home-state sales activity creates a filing obligation regardless.

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