RevenuTax Blog

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Written by

TeamRevenu

Published on

August 24, 2024

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Top 5 Sales Tax Mistakes Businesses Make — And How to Avoid Them

Managing sales tax might seem straightforward, but many businesses—large and small—often stumble when it comes to staying compliant. Sales tax laws are constantly changing, varying from state to state, and even product to product. A simple oversight or misunderstanding can quickly turn into hefty penalties, interest charges, or even an audit. To keep your business on the right track, it’s essential to understand where others typically go wrong and how you can avoid making the same mistakes. In this blog, we’ll explore the top 5 sales tax mistakes businesses make and provide actionable advice to steer clear of these common pitfalls.

1. Misunderstanding Nexus Requirements

One of the most common mistakes businesses make is misunderstanding what triggers a sales tax obligation, known as “nexus.” In simple terms, nexus is the connection between a business and a state that requires the business to collect and remit sales tax. While physical presence used to be the primary criterion for establishing nexus, things have become much more complex, especially after the 2018 South Dakota v. Wayfair Supreme Court decision. This ruling gave states the authority to enforce sales tax collection based on economic activity, not just physical presence.

There are several types of nexus: physical nexus, which includes having an office, warehouse, or employees in a state; economic nexus, which is triggered by reaching a certain sales threshold within a state; and marketplace nexus, which applies to businesses selling through platforms like Amazon or Etsy. Businesses often overlook that activities like attending trade shows, working with remote employees, or having inventory stored in another state can create nexus.

To avoid this mistake, regularly review your business operations to determine if you’ve established nexus in any new states. Maintain a checklist of nexus triggers, and consider working with a tax professional or using sales tax automation software to monitor where you have sales tax obligations. Staying ahead of nexus requirements will help you avoid unexpected penalties and ensure your business remains compliant.

2. Incorrectly Handling Sales Tax Exemptions

Another frequent sales tax mistake involves handling exemptions incorrectly. Not all sales are taxable; certain transactions, like those involving nonprofit organizations, resellers, or manufacturers, may be exempt. However, these exemptions are not automatic. To exempt a sale from sales tax, businesses must collect and maintain valid exemption certificates from their customers.

A common pitfall is failing to collect these certificates or keeping expired and incomplete ones. During an audit, missing or invalid exemption certificates can result in the business being held responsible for the uncollected sales tax, along with penalties and interest. Auditors tend to scrutinize exemption claims closely, making this a high-risk area for non-compliance.

To prevent these issues, establish a systematic process for collecting and verifying exemption certificates. Make sure your staff understands what types of sales can be exempt and the documentation required to support those exemptions. Store certificates in a centralized, organized way, and periodically review them to ensure they are up-to-date and complete. Many sales tax software solutions offer exemption certificate management features, making it easier to keep everything in order.

3. Misclassifying Products and Services

Sales tax rates and rules vary not only by state but also by the type of product or service being sold. Misclassifying what you sell is another common mistake that can lead to collecting too much or too little sales tax. For example, some states tax physical goods but not digital downloads, while others may tax both differently. Similarly, some services are exempt in certain states but taxable in others.

Bundled transactions, where taxable and non-taxable items are sold together, can also create confusion. If you classify a product or service incorrectly, you could end up overcharging your customers, which damages trust, or undercharging them, which leaves you liable for the unpaid tax.

To avoid this mistake, take the time to understand the taxability of your products and services in each state where you do business. Use accurate product tax codes when setting up your sales tax calculations. If you’re unsure about specific classifications, consult state tax department resources or a sales tax professional. Sales tax automation software can also help by applying the correct tax rates based on product classifications and state rules.

4. Missing Filing Deadlines and Reporting Errors

Timely and accurate sales tax filing is critical for maintaining compliance, but many businesses struggle with keeping up with deadlines and avoiding reporting mistakes. Sales tax returns are due monthly, quarterly, or annually, depending on the volume of your sales and the rules of the states where you have nexus. Missing a filing deadline, even by just a day, can lead to penalties, interest charges, and potential audits.

Reporting errors, such as incorrect calculations or missing data, can also cause issues. These mistakes often occur when businesses rely on manual processes for sales tax reporting, increasing the risk of human error. Furthermore, many states change their filing requirements periodically, which can add another layer of complexity.

To avoid this mistake, consider automating your sales tax filing process. Sales tax automation tools can help track deadlines, generate accurate reports, and submit returns electronically. If you prefer to handle filings manually, set up reminders and maintain a calendar of due dates for each state where you file. Double-check your reports for accuracy and ensure you understand each state’s filing requirements. By staying organized and proactive, you can reduce the risk of missed deadlines and reporting errors.

5. Not Keeping Accurate Records

Good record-keeping is the foundation of sales tax compliance, yet many businesses fall short in this area. Sales tax audits require businesses to provide detailed records of their transactions, including invoices, exemption certificates, and sales tax returns. If your records are incomplete, disorganized, or missing altogether, an audit can become a costly and time-consuming nightmare.

Common record-keeping issues include failing to save invoices, not retaining copies of filed returns, and storing exemption certificates improperly. These issues can lead to discrepancies during an audit, potentially resulting in fines and penalties. In some cases, poor record-keeping can extend the length of the audit, increasing stress and disruption to your business operations.

To avoid these pitfalls, implement a solid record-keeping system that ensures all sales tax documentation is organized, complete, and easily accessible. Digitize records where possible and use secure cloud storage to back up important documents. Maintain detailed records for all transactions, including receipts, invoices, and exemption certificates, for the period required by each state (typically 3-7 years). Regularly audit your records internally to ensure everything is up-to-date and compliant with state regulations.

Conclusion

Sales tax compliance is not an area where businesses can afford to be complacent. The rules are complex and constantly evolving, making it easy to fall into common traps like misunderstanding nexus, mishandling exemptions, misclassifying products, missing deadlines, and poor record-keeping. These mistakes can lead to penalties, interest charges, and potential damage to your business’s reputation.

By understanding these top 5 sales tax mistakes and taking proactive steps to avoid them, you can significantly reduce the risk of compliance issues. Automating your sales tax processes, staying informed about changing regulations, and maintaining accurate records are all essential strategies for keeping your business on track. If managing sales tax still feels overwhelming, consider consulting a tax professional or exploring sales tax automation solutions that can simplify compliance and give you peace of mind.

Staying compliant doesn’t just protect your business financially—it also helps build trust with your customers and stakeholders. Take the time to review your sales tax processes and ensure you’re not making these common mistakes. Your future self will thank you.

Need Help with Sales Tax Compliance?

If you’re looking for tools to simplify sales tax compliance or need professional guidance, explore our resources or reach out to our team.