Hidden Dues: The Tax Puzzle of Drop Shipping

  • By Aiman Mrizig
    • Jan 12, 2024
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Drop Shipping

Drop shipping, a popular e-commerce model, has revolutionized how consumers receive products. Products can be shipped directly from manufacturers or wholesalers to customers. This eliminates the need for retailers to hold inventory, thereby reducing warehousing expenses. This model is a win-win for everyone involved. Customers get the products they want, retailers trim costs, and drop shippers make sales without the burden of extensive marketing expenditures.

However, beneath the surface of this seemingly straightforward arrangement lies a hidden challenge – the complex world of sales tax obligations. Sales tax requirements can differ significantly from one state to another. Both retailers and drop shippers must navigate this intricate terrain. This is necessary to ensure compliance and avoid potential legal complications. In today’s e-commerce landscape, understanding the rules and regulations governing sales tax is essential for the success of a drop shipping business.

Demystifying Drop Shipping

Drop shipping is a business arrangement where a manufacturer or wholesaler directly ships products to consumers on behalf of a retailer. This approach eliminates the need for retailers to maintain their inventory, effectively reducing operational costs – drop shippers can generate sales without substantial marketing efforts or the overhead of inventory management.

Three primary parties are involved in the drop shipping process: the seller (retailer), the customer, and the drop shipper (manufacturer or wholesaler). These parties may be in the same state or dispersed across different states. However, this arrangement’s apparent simplicity reputes the complexities surrounding sales tax obligations.  One main question presents itself:  who collects sales tax from the end customer. Is it the retailer, or the drop shipper who delivers the order?

The Stealthy Tax Burden

Individual states and local municipalities, districts, counties, and parishes levy sales and use taxes on purchased goods. For each sale of a taxable product in a state or to a state resident, one of the involved parties must collect and remit the applicable sales tax. This is where the complexity emerges in drop shipping:

  • Nexus for the Drop Shipper: Drop shippers with a physical nexus in a customer’s state need a seller’s certificate there. They must charge tax on retailer purchases unless the retailer has a valid reseller’s certificate in that state.
  • Nexus for the Retailer: Whether a retailer has a physical or economic nexus in the customer’s state depends on various factors. These factors include sales volume and revenue. When retailers establish nexus in a state, they must obtain a seller’s permit in that state. They must charge and collect tax from the end customer. Additionally, they must file and remit tax on a timely basis. Furthermore, retailers must provide drop shippers with a valid reseller’s certificate. This certificate alleviates any duty for the drop shipper to collect tax.

There is some good news, however. The Multistate Tax Commission (MTC) and the Streamlined Sales Tax Governing Board have streamlined the resale certificate process in many states. These organizations offer forms and procedures for using home state resale certificates across their member states.

Drop shipping offers various advantages in the e-commerce world. However, it comes with a hidden sales tax burden that can take businesses by surprise. The sales tax obligations vary significantly from state to state and demand a comprehensive understanding of these complexities. To ensure compliance and protect their business interests in today’s evolving e-commerce environment, both retailers and drop shippers must act. They must carefully navigate the complex sales tax landscape.

Author

aiman
Aiman Mrizig

State & Local Tax Consultant

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