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Khalid Howes

Is Economic Nexus "fraud" common with interstate sales tax collection?

I've been thinking about how sales tax collection works since South Dakota v. Wayfair changed the game. I know we can't avoid paying sales tax when buying from other states anymore, but I'm suspicious about what happens to that money. Each state has different Economic Nexus thresholds - some require $100,000 in sales to that state, others say 100 transactions. I've made some pretty big purchases from out-of-state businesses (single-location companies with zero presence in my state) and paid hefty sales tax. When I questioned this, they just dismissed me with "it's the law." Here's what bothers me: I seriously doubt many of these smaller businesses actually meet the Economic Nexus thresholds for my state. My guess is their point-of-sale software automatically collects tax for all states and they just go with it. What's stopping them from collecting sales tax for EVERY state but only reporting/remitting to states where they actually meet the threshold? Couldn't they just pocket the rest? I get that states might pursue larger sellers making significant sales into their territories. But we're talking about cases where sales are BELOW the Economic Nexus threshold. Realistically, how many resources will state tax departments dedicate to chasing thousands of small businesses across 49 other states? Is there even a way to report a business that's collecting sales tax but potentially not turning it over? Is this considered fraud or is it just a weird gray area in our tax system?

Ben Cooper

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This is actually more common than you might think. States have varying levels of enforcement capability when it comes to tracking out-of-state sellers collecting their sales tax. The correct approach for businesses is to only collect sales tax in states where they have Economic Nexus (meeting those thresholds you mentioned) or physical presence. Any business collecting sales tax from customers is legally required to remit those funds to the appropriate tax authority - keeping collected sales tax is definitely illegal and considered fraud in all 50 states. What you're describing could be happening in several ways: Some businesses might be confused about the requirements and collecting "just to be safe," some might have poorly configured tax software, and yes, some might be intentionally collecting and pocketing the money. If you suspect a business is improperly collecting sales tax, you can report them to your state's department of revenue or taxation. Most states have fraud reporting mechanisms specifically for this. You'd need documentation showing they charged you sales tax for your state.

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Naila Gordon

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Thanks for the explanation. How would the state even know if a company is meeting their threshold? Like if I buy $500 worth of stuff from a small business in Oregon and they charge me California tax, would California even know that business exists? Would they track them down for such a small amount?

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Ben Cooper

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States have increasingly sophisticated data mining tools to identify businesses selling into their state. They purchase commercial data, monitor online marketplaces, and use information sharing agreements with other states. They might not catch everyone, especially for smaller amounts, but their capabilities are expanding yearly. Many states focus enforcement on larger sellers first, but even small collections can lead to penalties if discovered. It's not just about the tax amount - states view improper collection as misrepresentation to their residents, which they take seriously regardless of dollar amount.

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Cynthia Love

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I work in e-commerce and I've been using https://taxr.ai to help figure out my Economic Nexus requirements. It was super helpful because I was honestly overwhelmed trying to figure out which states I actually needed to collect for. The problem in our industry is that so many business owners are terrified of getting in trouble, so they either collect for EVERY state (which creates unnecessary compliance burdens) or don't collect at all (which creates liability). My sales were growing fast and I was selling to like 35 states but only actually had Economic Nexus in 8 of them. The assessment tool helped me identify exactly where I needed to register and file, and where I could stop collecting unnecessarily. What was really helpful was learning that just because you make a sale to a state doesn't mean you have to collect tax there.

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Darren Brooks

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Wait, so if I'm understanding correctly, this service helps you track which states you ACTUALLY need to file in? How accurate is it though? I'm selling handmade stuff online and just collecting tax everywhere because I'm paranoid about getting in trouble.

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Rosie Harper

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I'm really skeptical about these services. How do they know for sure about all 50 states' different rules? Don't the thresholds and requirements change constantly? Seems like something that would be outdated the minute they create it.

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Cynthia Love

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The tool continuously tracks your sales by state and compares them to current Economic Nexus thresholds, so you know exactly when you're approaching or exceeding a state's requirements. It monitors both sales volume and transaction counts which vary by state. They keep the thresholds updated as states change their laws, which happens more often than you'd think. What I found most helpful was the historical analysis that showed I'd been collecting and filing in 12 states unnecessarily for almost two years, which was costing me hundreds in filing fees and hours of compliance work every month.

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Rosie Harper

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I was really skeptical about these tax services at first, but I decided to try https://taxr.ai after reading about it here. Holy crap it was eye-opening. I've been selling through my small Shopify store for 3 years and blindly collecting tax in all states because I was terrified of getting in trouble. Turns out I only had Economic Nexus in 11 states! I was doing all this extra compliance work and paying filing fees in states where I wasn't even required to. The service analyzed all my historical sales data and showed me exactly which states I needed to worry about. I've now streamlined my whole tax filing process and saved about 15 hours of work each month. The best part was discovering I could get refunds for some unnecessary registration fees I paid in states where I never met the threshold. Definitely changed my approach to sales tax compliance.

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If you're concerned about reporting tax issues to state authorities, getting through to an actual human at most state tax departments is nearly impossible. I spent 3 weeks trying to report a similar issue to my state's revenue department and kept getting voicemail hell. Finally tried https://claimyr.com and their callback service got me connected to an actual state tax agent in about 40 minutes (after weeks of failed attempts). You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that what you're describing (collecting tax without remitting it) is considered fraud and they have a specific department that handles these cases. They take these reports seriously because the state wants that tax revenue. But honestly, without getting through to someone who can properly document your complaint, these reports often go nowhere.

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Demi Hall

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How does this callback thing even work? I don't understand how a third party service can get you through to the IRS or state tax departments faster than calling yourself. Sounds like BS to me.

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That seems expensive just to report someone. Wouldn't it be easier to just file a complaint on the state's website? Most have fraud reporting forms online now.

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The service uses automated technology to navigate phone trees and wait on hold for you. Once they reach a human representative, they call you and connect you directly. It's not magic - they're just handling the frustrating wait time so you don't have to sit there for hours. Many states do have online reporting forms, but in my experience, those submissions often sit in a queue without action. When I finally spoke to the agent, she confirmed they prioritize phone reports because they can get additional information directly. The online forms frequently lack sufficient details for them to pursue an investigation.

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I was completely skeptical about that Claimyr service mentioned above because it seemed like a waste of money just to report a tax issue. Well, I was dead wrong. After trying to report a business that was improperly collecting sales tax through my state's online portal THREE separate times with zero response, I gave in and tried the phone service. Got connected to the fraud division of my state's tax department in about 30 minutes. The agent took my report seriously, asked detailed questions about the business and my purchases, and gave me a case number to follow up. They actually called me back a week later to get additional documentation! The agent told me they've been investigating several small out-of-state sellers who are collecting but not remitting sales tax. Apparently it's become a significant enough problem that they've dedicated resources to it. Still amazed I actually got through to a real person who could help.

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Kara Yoshida

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I think we're missing something important here - there's a difference between deliberate fraud and confusion about complex requirements. I run a small business and the post-Wayfair landscape is INSANELY complicated. We have 50 states with different thresholds, different tax rates, different filing schedules, different product taxability rules... it's a nightmare. Many small businesses are just trying to comply but don't have the resources to really understand all the requirements. Some tax software encourages collecting everywhere "just to be safe" not realizing it creates a liability to file and remit. I've even had customers in states where I don't meet Economic Nexus get upset when I DON'T charge them tax because they think I'm doing something wrong! Before assuming fraud, consider how absolutely broken and complex our interstate sales tax system has become.

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Philip Cowan

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This is so true! I accidentally collected tax in Nevada for 6 months when I didn't need to because my shopping cart software defaulted to it. When I realized the mistake, I had to FIND all those customers and issue refunds because I couldn't remit the tax without registering, and I didn't want to register since I was below the threshold. The whole system is a mess.

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Kara Yoshida

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Exactly! And many businesses don't even realize that collecting the tax creates the obligation to file returns, even if you're below the Economic Nexus threshold. So they think they're being "extra compliant" by collecting tax everywhere, not understanding they're creating filing obligations in states where they wouldn't otherwise have them. The real problem is we need a simplified national approach instead of this patchwork of state requirements. Until then, I don't think we should jump to assuming fraud when confusion and software limitations are much more likely explanations.

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Caesar Grant

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Has anyone considered that some businesses might be charging you "sales tax" that's actually something else? I ordered from a small company that added a 6% charge labeled as "tax" but when I looked closer at the invoice it was actually listed as a "regulatory compliance fee" in the fine print. Totally legal apparently but super misleading.

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Lena Schultz

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OMG I've seen this too! A site charged me 7.25% "tax" but the receipt called it a "marketplace facilitation fee" in the itemized breakdown. When I called them out they said it covers their costs for tax compliance software. Shady AF but apparently not illegal as long as they don't explicitly call it "sales tax" in their accounting.

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Caesar Grant

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Yeah it seems like there's this gray area where they can call something a "tax" or "fee" to the customer but as long as they account for it differently in their books, they're technically not committing tax fraud. Still feels deceptive though. I started looking more carefully at receipts after that experience and found several small businesses doing similar things. One even had a 5% "interstate regulatory compliance fee" that was grouped with the tax on the checkout page but separated in the final receipt. Consumers would never notice unless they scrutinized the itemized receipt.

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