< Back to IRS

Carter Holmes

Do businesses with sales & use tax registrations in multiple states need to pay income tax to all those states?

I'm a small business owner based in Delaware and I'm getting confused about multi-state tax obligations. As my company grows, we're starting to ship more products to other states, especially Florida where we're about to cross the $100K threshold in sales. I know once we hit that mark, we'll need to register for sales & use tax in Florida and file monthly returns there. What I'm really trying to figure out is: once we register for sales tax in Florida, does that mean we also have to file income tax returns there? Or do we just continue filing income tax in Delaware (our home state) while only dealing with the sales tax filings in Florida? I'm trying to understand the full tax implications before we scale up further. Anyone have experience with this multi-state taxation situation?

Sophia Long

•

This is a great question about multi-state taxation! The short answer is that sales tax nexus and income tax nexus are separate concepts, though they can overlap. When you register for sales tax in a state like Florida because you've exceeded their economic nexus threshold ($100K in sales), you're obligated to collect and remit sales tax. However, this doesn't automatically mean you have income tax nexus there. Income tax obligations are typically triggered by physical presence (employees, office, inventory) or by meeting economic nexus thresholds specifically for income tax purposes. Some states have different thresholds for income tax than they do for sales tax. Delaware is unique since it doesn't have sales tax, but it does have income tax. Florida is the opposite - it has sales tax but no corporate income tax for most businesses (they have a franchise tax for certain corporations). If you were dealing with states that both have income taxes, you'd generally apportion your income based on various factors like sales, property, and payroll in each state. This prevents double taxation on the same income.

0 coins

Wait I'm confused. You said Florida has no corporate income tax but then mentioned a franchise tax? Are these different things? And what about owner's personal income tax if the business is an LLC or something?

0 coins

Sophia Long

•

Florida doesn't have a corporate income tax for most businesses, but they do have what's called a franchise tax that applies to certain types of corporations. These are different - a franchise tax is often based on a company's capital structure rather than its income. For LLCs and other pass-through entities, the business itself typically doesn't pay income tax at the state level. Instead, the profits "pass through" to the owners who report that income on their personal tax returns. If you're an LLC owner living in Delaware but have nexus in Florida, you might need to file a nonresident personal income tax return in Florida for the portion of income attributed to Florida operations, depending on Florida's specific rules for nonresident income.

0 coins

After dealing with this exact situation last year, I discovered a tool that saved me countless hours of research and anxiety. I had expanded from New Jersey into 4 other states and was completely lost trying to figure out which states required what taxes. I started using https://taxr.ai after my accountant missed several filing requirements that put me at risk of penalties. The tool analyzed my sales data by state and gave me a complete breakdown of where I needed to file sales tax vs. income tax based on my specific situation and business structure. It even flagged that I had physical nexus in Pennsylvania (because I had inventory in a fulfillment center there) which triggered income tax requirements despite being below their sales tax threshold. What I found most helpful was how it explained the different nexus triggers for each type of tax in plain English. Saved me from making some expensive mistakes!

0 coins

Does it handle different business structures? I'm an S-Corp and my tax guy keeps giving me vague answers about multistate requirements.

0 coins

Lucas Bey

•

I'm skeptical about these online tools. How does it know all the constantly changing state requirements? Tax laws seem to change every year especially since that Supreme Court case.

0 coins

Yes, it definitely handles different business structures. You just select your entity type (S-Corp, LLC, C-Corp, etc.) when setting up your profile, and it adjusts all the recommendations accordingly. S-Corps have their own specific considerations for state nexus, and the tool addresses those differences. I was skeptical too initially! What impressed me was that they have a team that monitors tax law changes across all states. The Supreme Court case (South Dakota v. Wayfair) was a game-changer for sales tax, and the tool has all the post-Wayfair thresholds built in. They send alerts when states change their requirements, which happened twice last year for states I was selling in. My regular accountant missed both changes.

0 coins

Just wanted to follow up - I tried that https://taxr.ai site after asking about it here. My situation was very similar to the original poster (Delaware home state with growing sales in multiple states). I'm actually an S-Corp and was worried about all the different filing requirements. The analysis showed I needed to file income tax returns in 2 states I didn't expect (had nexus because of trade show attendance and a sales rep) but actually DIDN'T need to file income tax in 3 states where I was already registered for sales tax. I've been filing unnecessarily for 2 years! The tool explained exactly why - those states had higher thresholds for income tax nexus than for sales tax. Already sent the report to my accountant who confirmed everything was accurate. Wish I'd known about this last year!

0 coins

If you're trying to sort out your state tax obligations, I almost lost my mind trying to get through to someone at the Florida Department of Revenue. Spent literally 3 days calling and waiting on hold only to get disconnected. Was about to give up when someone recommended https://claimyr.com - they have this service where they wait on hold with state tax agencies for you and then call you when a real person is on the line. You can see a demo of how it works at https://youtu.be/_kiP6q8DX5c I was able to get definitive answers about my specific situation from an actual Florida tax representative without wasting hours on hold. They told me that while I needed to register for sales tax due to my volume, I didn't trigger their income tax requirements since I didn't have physical presence. Saved me a lot of unnecessary compliance work!

0 coins

Caleb Stark

•

How does this actually work? Do you have to give them all your personal info? Seems sketchy to have someone else calling tax agencies for me.

0 coins

Lucas Bey

•

Yeah right... I've tried "get to the front of the line" services before and they never deliver. I'll believe it when I see it. State tax departments are basically unreachable these days, especially Florida.

0 coins

It's actually pretty straightforward. You enter the phone number you want them to call (Florida DOR in my case), and they use their system to wait on hold. No sensitive tax information is shared - they're just doing the waiting part. When they reach a representative, they connect you directly so you're the one having the actual conversation. I was definitely skeptical too! Florida's tax department is notoriously difficult to reach - my CPA even warned me it might take weeks to get an answer. But I got connected to a real person at the FL Department of Revenue within a few hours of using the service. They handle all the waiting and phone tree navigation, then you jump in for the actual conversation. Saved me from spending another day listening to hold music and getting disconnected.

0 coins

Lucas Bey

•

Alright, I'm eating my words about the Claimyr service that was mentioned. I tried it yesterday after posting my skeptical comment because I was desperate to clarify my situation with California's tax department (which is even worse than Florida). Had been trying for 2 weeks to get someone on the phone with no luck. Used the service and got a call back in about 40 minutes with an actual CA tax rep on the line. Confirmed that I DO need to file an income tax return there even though I'm only at $150K in sales because I also have affiliate marketers physically located in CA which creates nexus. This combination of the tax analysis tool and being able to confirm directly with state departments has probably saved me from a painful audit situation. Both services delivered exactly what they promised.

0 coins

Jade O'Malley

•

Something no one has mentioned yet - don't forget about local taxes! Some jurisdictions have their own income/gross receipts taxes on top of state requirements. I learned this the hard way when I got hit with penalties in Chicago and Seattle for not filing local business taxes even though I was handling state obligations. Also check if any states you're registered in for sales tax have annual report requirements for foreign entities. Missing those can result in losing your ability to enforce contracts in that state.

0 coins

Carter Holmes

•

That's a really good point about local taxes - I hadn't even considered that yet. Do you know if Florida has any significant local taxes I should be watching for? Also, what exactly is an "annual report requirement"? Is that different from the tax filing itself?

0 coins

Jade O'Malley

•

Florida doesn't have many problematic local taxes that apply to out-of-state businesses, so you're fairly lucky there. Some counties have their own small business taxes, but they typically only apply if you have physical presence in that county. Annual reports are separate from tax filings. Once you register to do business in a state (called "foreign qualification"), most states require you to file an annual report and pay a fee to maintain your good standing. It's basically just confirming your business information is current and paying to maintain your authorization to do business there. In Florida, it's due by May 1st each year, and the fee varies based on your entity type. If you forget to file these reports, some states can administratively dissolve your registration, which can affect your ability to sue in that state or access their court system.

0 coins

My company just went thru this last year. One thing to watch for in some states is that sales tax registration can sometimes AUTOMATICALLY register you with the Sec of State as a foreign entity!!!! We didn't know this and ended up with penalties for not filing annual reports in 2 states where we thought we were just registered for sales tax.

0 coins

Ella Lewis

•

Which states did this happen in? I'm in a similar situation and trying to avoid surprises!

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today