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Registration requirement for businesses with no physical presence in New York State

Overview

On June 21, 2018, the United States Supreme Court ruling in South Dakota v. Wayfair (138 S.Ct. 2080 [2018]) eliminated the prohibition on a state imposing sales tax collection responsibilities on businesses that have no physical presence in that state. Due to this ruling, certain existing provisions in the New York State Tax Law that define a sales tax vendor immediately became effective. Businesses that fall within this definition and make taxable sales in New York State are required to collect and remit New York State and local sales tax, as discussed below.

The term vendor includes a person who regularly or systematically solicits business in New York State by any means and by reason thereof makes taxable sales of tangible personal property to persons in the state. A person is presumed to be regularly or systematically soliciting business in the state if, for the immediately preceding four sales tax quarters:

  • the cumulative total of the person's gross receipts from sales of tangible personal property delivered into the state exceeded $500,000, and
  • such person made more than 100 sales of tangible personal property delivered in the state.

Therefore, a business that has no physical presence in New York State but meets the requirements outlined above must register as a New York State vendor. Such business is required to register as a vendor immediately if it has not already done so. See TSB-M-19(4)S, Sales Tax Registration Requirement for Businesses with No Physical Presence in New York State. For registration information, see Tax Bulletin TB-ST-360, How to Register for New York State Sales Tax. To apply, use New York Business Express.

Information

Updated: