Sales tax and invoicing in the United States (2026)
US sales tax for small businesses in 2026: no federal VAT, state and local rates, economic nexus after Wayfair, resale certificates, returns and invoice practice.
Clientlly teamUpdated 10 min read
Key takeaways
- There is no federal sales tax or VAT in the United States: 45 states and the District of Columbia levy a statewide sales tax, and 38 states let cities and counties add local rates.
- Since the Supreme Court's Wayfair decision of 21 June 2018, a state can make you collect its sales tax without a physical presence once your sales there pass its threshold, for example $100,000 in Florida or $500,000 in California and Texas.
- Sales to customers who will resell the goods are exempt only when you hold a valid resale or exemption certificate; keep it, because without it you may owe the tax yourself.
- Sales tax is not a VAT: you remit what you collect, and the sales tax you pay on your own business purchases is a cost, not a credit.
- There is no federal e-invoicing mandate; invoice content is mostly a matter of good practice and each state's record-keeping rules.
On this page
If you sell in the United States, forget VAT. There is no federal sales tax or value-added tax. Instead, most states, and many cities, counties and special districts, charge a sales tax on retail sales of goods and some services, collected by the seller from the final customer. Each state sets its own rates, rules, exemptions and filing calendar. This guide explains, for a small business owner, how it fits together: where you must collect, what rate to charge, how exemption certificates work, how returns are filed, what to put on your invoices, and what changed recently. Figures are as of October 2026.
US sales tax at a glance
- 45 states and the District of Columbia levy a statewide sales tax. Alaska, Delaware, Montana, New Hampshire and Oregon do not, although Alaska allows local sales taxes.
- 38 states allow local sales taxes on top of the state rate, so the rate depends on where the goods are delivered or the service is received.
- State rates run from 2.9% to 7.25%; California has the highest statewide rate. Combined with local taxes, the population-weighted national average was 7.53% in mid-2026.
- Sales tax is administered by each state's tax agency, for example the California Department of Tax and Fee Administration (CDTFA), the Texas Comptroller of Public Accounts and the Florida Department of Revenue.
- Use tax is the companion of sales tax: when you buy something taxable for use in a state and the seller did not charge that state's tax, you usually owe use tax yourself. Generally only one of the two applies to a transaction.
Average combined state and local rates on 1 July 2026:
| State | Average combined rate | What makes up the rate |
|---|---|---|
| Louisiana | 10.13% (highest) | State rate plus parish and local taxes |
| Tennessee | 9.61% | State rate plus local taxes |
| California | 9.03% | 7.25% statewide, plus district taxes of 0.10% to 2.00% in most areas |
| Illinois | 8.98% | State rate plus local taxes |
| New York | 8.54% | State rate plus local taxes |
| Texas | 8.20% | 6.25% state, plus up to 2% local, for a maximum of 8.25% |
| Florida | 6.98% | 6% state, plus county discretionary sales surtax |
What is taxable also differs. Many states tax software, digital products and electronically delivered services, but the scope and the sourcing rules vary from state to state, so check each state where you sell.
Nexus: when you must collect a state's sales tax
You must register and collect a state's sales tax when you have nexus there. Having a physical presence in a state, such as an office, staff or stock, has always created nexus. In South Dakota v. Wayfair, Inc., decided on 21 June 2018, the Supreme Court overruled the physical presence rule of the earlier Quill decision and upheld South Dakota's law, which applied to sellers delivering more than $100,000 of goods or services into the state, or making 200 or more separate sales there, each year. Since then the states with a sales tax have adopted economic nexus thresholds for remote sellers, many of them at $100,000 of sales a year:
| State | Economic nexus threshold | Period measured |
|---|---|---|
| California | $500,000 of sales of tangible personal property delivered in California | Preceding or current calendar year |
| Texas | $500,000 of total Texas revenue | Preceding 12 calendar months |
| New York | More than $500,000 of sales of tangible personal property and more than 100 sales | Preceding four sales tax quarters |
| Florida | More than $100,000 of taxable remote sales | Previous calendar year |
| Illinois | $100,000 of retail sales (the 200-transaction test was dropped on 1 January 2026) | Preceding 12 months |
| Colorado | $100,000 of retail sales | Previous or current calendar year |
| Washington | Gross income of more than $100,000 | Current or preceding calendar year |
| Georgia | $100,000 of retail sales or 200 or more sales | Previous or current calendar year |
The trend is towards a sales-only test: Illinois dropped its 200-transaction test on 1 January 2026 and Kentucky on 1 August 2026. Once you pass a threshold you must register for a sales tax permit before you collect. Texas, for example, requires a remote seller that exceeds $500,000 to get a permit and start collecting no later than the first day of the fourth month after the month in which it went over.
Marketplaces: if you sell through an online marketplace, the marketplace may have to collect the tax on those sales for you. Florida, for example, requires marketplace providers that facilitate remote sales to register and collect. Your direct sales still count towards your own obligations, so read each state's rules.
Sales tax IDs: there is no national sales tax number. Each state where you register issues its own permit or account number.
Exemption and resale certificates
Not every sale is taxable. The most common exemption for small businesses is the sale for resale: when a retailer buys your goods to sell them on, it gives you a resale certificate and you do not charge sales tax. Depending on the state, other exempt buyers can include non-profit organisations and government bodies.
- Collect the certificate before or at the time of the sale, check it is complete, and keep a copy for every exempt customer. If you cannot produce it in an audit, the state may assess the tax on you.
- Some certificates expire. Florida's annual resale certificates expire on 31 December each year, and you document each tax-exempt sale with a copy of the customer's certificate or a Department authorisation number.
- Multistate forms: the Multistate Tax Commission's Uniform Sales and Use Tax Resale Certificate has been accepted by 36 states, and the Streamlined Sales Tax Certificate of Exemption can be used in the 23 full member states of the Streamlined Sales and Use Tax Agreement. Each comes with conditions, so confirm with the state.
Sales tax returns and payment
- Frequency: each state assigns you a filing frequency, usually monthly, quarterly or annual depending on how much tax you collect.
- Deadlines are set by each state. In Texas, monthly returns are due on the 20th of the following month, quarterly returns on 20 April, 20 July, 20 October and 20 January, and annual returns on 20 January; a deadline on a weekend or legal holiday moves to the next working day.
- Local taxes: Texas lets remote sellers elect a single local use tax rate (1.75% in 2026) instead of tracking every local rate.
- Remit what you collected. The tax you collect belongs to the state, so keep it apart from your working cash until you pay it over.
Invoices: what to show
There is no federal law that sets out what an invoice must contain, and no VAT-style invoice is needed to reclaim tax. In practice, a clear invoice protects you in an audit and helps your customer check the tax. A good US invoice shows:
- Your business name and address, and your sales tax permit number in the states where you are registered
- A unique, sequential invoice number and the invoice date
- The customer's name, billing address and ship-to address, because the delivery address usually decides the rate
- A description, quantity and price for each line, with taxable and exempt lines clearly marked
- The sales tax rate and amount shown separately from the price (state and local parts if you can)
- For exempt sales, a reference to the customer's exemption or resale certificate
- The total, the payment terms and the due date
Corrections: do not edit or delete an invoice you have sent. Issue a credit memo that refers to the original invoice number, and refund or credit the sales tax on the amount reduced, so your returns and your customer's records match.
Foreign currency: you can quote in another currency, but you report and pay state sales tax in US dollars.
Record keeping: each state sets how long you must keep sales tax records, so check every state where you are registered. For federal income tax, the IRS's general rule is 3 years, longer in some cases (6 or 7 years), and at least 4 years for employment tax records.
E-invoicing: no federal mandate
Unlike Mexico, Brazil or much of Europe, the United States has no federal e-invoicing, invoice clearance or real-time reporting mandate for business-to-business sales, and no federal sales tax to report. A PDF invoice sent by email is normal practice.
There are voluntary developments worth knowing:
- Federal government suppliers submit invoices to many agencies through the Treasury's Invoice Processing Platform (IPP), which is free for agencies and their vendors.
- The DBNAlliance, an industry-led open exchange network, supports the exchange of business-to-business e-invoices in the United States. Joining it is optional.
A worked example in dollars
You sell office furniture from Austin, Texas, and deliver it to a customer in a Texas city where the combined rate is the maximum 8.25% (6.25% state plus 2% local):
| Amount | |
|---|---|
| Price (net) | $2,000.00 |
| Sales tax at 8.25% | $165.00 |
| Total the customer pays | $2,165.00 |
Over a quarter you make $40,000 of such taxable sales, so you collect $3,300 and you remit $3,300. Sales tax has no input tax deduction like VAT:
- The furniture you bought for resale was bought tax-free with your resale certificate, so there is nothing to reclaim.
- The laptop and office supplies you use in your own business are taxed when you buy them. That tax is a business cost, not a credit against what you collected.
- If you bought a taxable item for your own use from an out-of-state seller that did not charge Texas tax, you report use tax on it.
To find the tax in a price that includes it, divide by 1 plus the rate: $1,082.50 ÷ 1.0825 = $1,000.00, so the tax is $82.50.
When customers pay late
There is no general federal rule that sets late-payment interest between private businesses. What you can charge depends on your contract and on state law, so put your payment terms and any late fee or interest rate in writing before you start work, and print them on every invoice.
If you sell to the federal government, the Prompt Payment Act requires agencies to pay proper invoices on time, and in most cases to pay interest when they pay late. The Prompt Payment interest rate for 1 July to 31 December 2026 is 4.75%. Our guide on getting paid faster covers the practical side.
Common sales tax mistakes
- Assuming that no office means no obligation. Economic nexus can make you collect in a state you have never visited.
- Charging your home rate on deliveries instead of the rate at the customer's delivery address.
- Making exempt sales without a certificate on file, or with an expired one.
- Forgetting local taxes in states such as California, Texas or Florida.
- Treating sales tax on your purchases as reclaimable, as if it were VAT.
- Not filing a return for a period with no sales when the state expects one.
- Ignoring use tax on taxable purchases from out-of-state sellers.
How Clientlly helps
Clientlly handles the invoicing side and keeps your books in one place:
- sequential invoice numbering per series, with your tax rate and tax amount on every invoice
- credit notes linked to the original invoice
- invoice PDFs in your client's language, multiple currencies and a card payment link on the invoice
- you can see when an invoice was opened, and automatic reminders go out 3, 14 and 30 days after the due date
- recurring invoices for retainers and subscriptions
- receipts you scan have their tax read automatically
- sales and purchase tax books per rate and tax reports for you and your accountant, with Excel and PDF exports
- importing clients, suppliers, products and opening balances from Excel or CSV, low-stock notifications and reorder suggestions, and a mobile app
Clientlly does not look up the rate for each delivery address or file state returns for you; if you sell into many states, a dedicated sales tax service handles that part. See the invoicing module, the reporting module and pricing.
Frequently asked questions
Is there a VAT in the United States?
No. There is no federal sales tax or VAT. 45 states and the District of Columbia levy their own sales tax, and many cities and counties add local rates. Alaska, Delaware, Montana, New Hampshire and Oregon have no statewide sales tax.
What is economic nexus?
Since the Supreme Court's Wayfair decision in 2018, states can require out-of-state sellers to collect sales tax once their sales into the state pass a threshold, even without a physical presence. Thresholds include $100,000 in Florida and $500,000 in California and Texas.
Do I charge sales tax to a reseller?
Not if the customer gives you a valid resale certificate for goods it will resell. Keep the certificate on file; without it, the state can treat the sale as taxable and assess the tax on you.
Can I reclaim the sales tax I pay on business purchases?
Generally no. Sales tax is not a VAT. Goods you buy for resale are bought tax-free with a resale certificate, and tax you pay on items you use yourself is a business cost.
Is e-invoicing mandatory in the United States?
No. There is no federal e-invoicing or real-time reporting mandate for business-to-business sales. Federal agencies take invoices through the Treasury's Invoice Processing Platform, and industry networks such as the DBNAlliance are voluntary.
Sources
- PwC Worldwide Tax Summaries: United States, other taxes, sales and use taxes (reviewed 4 September 2026)
- Tax Foundation: State and local sales tax rates, midyear 2026 (rates as of 1 July 2026)
- Cornell Law School LII: South Dakota v. Wayfair, Inc., No. 17-494 (21 June 2018)
- Sales Tax Institute: economic nexus state guide (as of 1 August 2026)
- CDTFA: Wayfair implementation, $500,000 threshold for remote sellers
- CDTFA: California sales and use tax rates (7.25% statewide, district taxes)
- Texas Comptroller: sales and use tax (rates, filing frequencies, due dates)
- Texas Comptroller: remote sellers ($500,000 safe harbour, single local use tax rate)
- Florida Department of Revenue: sales and use tax (6% rate, remote sellers, resale certificates)
- Multistate Tax Commission: Uniform Sales and Use Tax Resale Certificate
- Streamlined Sales Tax Governing Board: member states and certificate of exemption
- IRS: How long should I keep records?
- Bureau of the Fiscal Service: Invoice Processing Platform (IPP)
- DBNAlliance: the US open exchange network for e-invoices
- Bureau of the Fiscal Service: Prompt Payment
- Bureau of the Fiscal Service: Prompt Payment interest rates (4.75% for 1 July to 31 December 2026)
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