What is a marketplace facilitator?
A business that operates a platform where third parties sell, and that processes the payment or otherwise facilitates the sale. Amazon, eBay, Etsy and Walmart Marketplace are the familiar examples. Under marketplace facilitator laws, the facilitator is treated as the seller for sales tax on those orders: it calculates, collects and remits the tax to the state.
Which states have these laws?
Every state that has a statewide sales tax. The laws spread quickly after the Supreme Court's 2018 decision in South Dakota v. Wayfair, and Missouri's law, effective January 2023, was the last. Alaska, Delaware, Montana, New Hampshire and Oregon have no statewide sales tax, although some Alaska localities have adopted their own marketplace rules. See states with no sales tax.
Platform guides: Walmart Marketplace and TikTok Shop.
Alaska's local commission has its own marketplace rules. See Alaska remote seller sales tax.
What does the marketplace handle, and what stays with you?
| Handled by the marketplace | Still your responsibility |
|---|---|
| Calculating tax on each marketplace order | Sales on your own website, such as a Shopify store |
| Collecting it from the buyer | In-person sales at fairs and markets |
| Remitting it to the state | Sales through channels that do not collect |
| Refunding tax on returns | Registering where a state requires it, even for marketplace-only sellers |
Do marketplace-only sellers need a permit?
It depends on the state. California does not require a seller's permit if all your retail sales are facilitated by a registered marketplace. Texas requires a permit from sellers based in Texas even if they only sell through marketplaces, but not from remote sellers selling only through a certified marketplace below its $500,000 safe harbor. See sales tax for Amazon FBA sellers.
How do marketplace sales appear on your returns?
Where you hold a permit, some states ask you to report marketplace sales in total sales and then exclude them from taxable sales, so they are not taxed twice. Texas, for example, requires marketplace sales in Total Texas Sales but not in Taxable Sales. See how to file a sales tax return.
Do marketplace sales count towards thresholds?
In many states they count towards the economic nexus threshold for your own direct sales, including California and Texas. A seller with large marketplace sales and a small website can therefore have to collect on the website sales. See economic nexus explained.
What should you keep?
- Marketplace tax reports showing tax collected on your behalf, by state.
- Confirmation from the marketplace that it is registered and collects in each state, where a state suggests getting it.
- Sales by channel and by state.
Selling on marketplaces and your own site?
We work out which of your sales are covered by marketplace collection, where you still need permits, and file the returns that remain yours.
Questions people ask
What is a marketplace facilitator law?
A state law requiring online marketplaces to collect and remit sales tax on sales they facilitate for third-party sellers.
Does every state have a marketplace facilitator law?
Every state with a statewide sales tax does. Missouri's, effective January 2023, was the last.
Do I still need a sales tax permit if I only sell on Amazon?
It depends on the state. California does not require one; Texas requires one from Texas-based sellers.
Does the marketplace collect tax on my own website sales?
No. Only on orders placed through the marketplace. Your own website sales are your responsibility.
Sources
Every fee, date and rule on this page was taken from these official and primary sources.
- Streamlined Sales Tax Governing Board: Marketplace facilitator state guidance
- California CDTFA: Tax Guide for the Marketplace Facilitator Act
- Texas Comptroller: Remote Sellers and Marketplace frequently asked questions
- Supreme Court of the United States: South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018)
Rules and fees change. If you are reading this long after September 30, 2026, confirm the figures with the source before you rely on them.
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This guide is general information. It is not tax or legal advice for your situation.