Threshold
Starting June 21, 2018, remote sellers must collect and remit sales tax in New York if they exceed $500,000 in gross sales and conduct 100 or more transactions in the state in the current or previous year. This threshold applies to both tangible goods and taxable digital products or services, including pre-written computer software and its subsequent updated versions.
Merchant thresholds by state
Marketplace thresholds by state
The special rules are applicable to the SAAS business.
Software as Service Tax Thresholds by state.
Online Marketplaces
In New York, marketplace facilitators such as Amazon or eBay are required to collect and remit sales tax on behalf of third-party sellers if the marketplace meets certain thresholds. Since June 1, 2019, marketplace facilitators must register for sales tax collection if their sales in New York exceed $300,000 or they conduct more than 100 transactions in a year. This law applies to all taxable sales made through the platform, shifting the tax collection responsibility from individual sellers to the facilitator.
However, if you are selling directly through your own website, you are required to register for sales tax if you meet economic nexus thresholds for remote sellers.
Registration procedure
If you need to register, you can register online through the New York Department of Taxation and Finance website.
Information provided by the company:
- Federal Employer Identification Number (FEIN);
- Legal business name; business address and mailing address (if different than business address);
- Projected monthly sales and monthly taxable sales;
- Products to be sold.
Sales tax payment and filing date
The frequency of filing sales tax returns in New York depends on your annual tax liability:
- Annual Filing: $0 to $3,000
- Quarterly Filing: $3,000 to $300,000
- Monthly Filing: $300,000 and above
Filing and Payment Deadlines
For quarterly filing, the reporting periods are:
- Q1: March 1 – May 31
- Q2: June 1 – August 31
- Q3: September 1 – November 30
- Q4: December 1 – February 28/29
Sales tax returns and payments are due by the 20th day of the month following the end of the filing period. For example, the return for Q1 (ending May 31) is due by June 20.
If the due date falls on a weekend or a public holiday, the deadline is extended to the next business day.
Penalty and interest
- Late filing of fewer than 60 days – 10% for the first month, and 1% for each additional month or cut (maximum – 30%, minimum – $50);
- Failed filling or late filing more than 60 days – 10% for the first month, and 1% for each additional month or cut, (maximum – 30%);
- $100, or 100% of the amount must be paid as tax.
Discount
As long as the sales tax is paid on time, a discount – of 5% (maximum – $200 per quarter, or longer period).
New York Sales Tax Nexus
- Physical Presence: Companies with offices, warehouses, employees, or other physical presences in the state must collect sales tax.
- Economic Nexus: Established if a company has gross sales in New York exceeding $500,000 and conducts 100 or more separate transactions with buyers in the state within the previous four quarters.