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Sales Tax Penalties: What Happens if I Fail to Pay Sales Tax?

  • Compliance
Sales Tax Penalties and How to Avoid It | TaxHero
Did you fail to file and pay your sales tax on time? Are you curious about sales tax penalties?
You must be curious about what happens when a business doesn’t pay sales tax. But as an ecommerce business, it is your duty to understand the consequences of not following sales tax rules. Otherwise, the repercussions might get unnecessarily too taxing for you (no pun intended).
All actions (and, for that matter, inactions) have consequences, so always ensure you are up-to-date in filing, collecting, and remitting sales tax. Read this article to learn more about how you can avoid being non-compliant.
 

What are the Common Ways Businesses Fail Sales Tax Rules?

Here are some ways ecommerce businesses stumble with the sales tax rules:
  • Not registering for a seller’s permit once economic nexus has been met – You need to register for sales tax in every state where you have met nexus. If you don’t register, you will become non-compliant with the state laws and regulations and could be fined with sales tax penalties. 
  • Failing to collect sales tax – you must ensure that you charge sales tax to all parties and on all taxable products or goods and services in states that you meet the nexus requirements.
  • Charging the wrong tax rate – Sales tax varies from state to state, with other jurisdictions also collecting local sales tax. You have to make sure you know the different applicable rates and charge the correct amount.
  • Not filing your sales tax returns on time – Every state has a specific due date for sales tax returns based on the frequency of the return. It is the business’s responsibility to file sales tax returns on time.
  • Failing to pay sales tax – If you don’t remit the sales tax you collected to the respective state governments, you might face unfortunate consequences like paying fines or, in extreme cases, legal litigation for civil or criminal offenses.
 

What are the Possible Outcomes if a Business Fails to Collect, Report, and/or Remit Sales Tax? 

Here are some of the ways failure to report and/or remit sales tax may cost your ecommerce business:
 

Accumulate Tax Debt

Before anything else, you should know when your business meets economic nexus in a state, as this would be the baseline that the state governments will use to determine how much your tax obligations are.
Think about it this way: your ecommerce company had already met economic nexus in October 2018 in the state of Wisconsin. Then, you are already required to apply for a seller’s permit and begin collecting sales tax.
But if, for one reason or another, you only started to collect in June 2022. You will also have to pay the total sales tax amount, including penalties and interests that may apply, from your own pocket.
That’s why if you don’t start collecting sales tax from the time you meet economic nexus, you are, in fact, jeopardizing your business’ funds. And if you continue to neglect this, the debt can grow bigger and bigger until it becomes challenging to pay it off.
 

Penalties and Interests

As state governments are always quick to assume “willful neglect” of businesses that fail to submit and/or remit their sales tax dues, they may impose penalties for non-compliance with sales tax rules. The penalties may include fines, additional interests on top of the late charges, and even suspension of business permits in extreme cases, depending on the severity of the offense.
 

State Audit and Back Taxes

If you keep delaying compliance with your sales tax obligations, sooner or later, you may receive an audit from state governments or other tax authorities, which will examine your financial records and check the extent of your non-compliance. If more discrepancies are found, you may be charged with additional penalties, back taxes, and interests on top of the amount you originally owed, which might hurt, especially if you are a startup company.
 But here’s some good news for you: TaxHero offers Back-tax Strategy and Audit Support services to help you streamline your sales tax compliance. You may talk with our CEO to discuss your options and a way out of your sales tax debacle.
TaxHero Services TaxHero services include back-tax strategy TaxHero services include audit support

Legal Consequences

Harsher penalties await those who continue to avoid filing and paying their sales tax, even after numerous attempts by the state governments to reach and remind them of their obligations.
You may also be liable to civil and/or criminal penalties, including prison time and additional late payment charges.
 

Reputational Damage

Sales tax non-compliance may greatly hurt your ecommerce business’ reputation. Customers may lose their trust or brand loyalty to your company if they find that you are not following sales tax regulations.
 

How Will State Governments Try to Collect Your Sales Tax Obligations?

Here are some of the ways state governments will try to reach you to remind you of your sales tax dues:
 

Notice of Non-Compliance

If you miss your deadline for filing or remitting your sales tax, the state where you are liable will send you a notice of non-compliance, reminding you of your obligations and the possible repercussions if you fail to file the return or pay your dues.
The letter will state how much you owe in tax and what could happen next if the notice remains unheeded. It may also include a deadline for your payments, explain when your business will incur interest, and also include any penalty being charged.
 

Gain Interest

If you fail to respond to the warning letter sent out by the state government and still do nothing to settle your sales tax dues, you will begin incurring interest on the tax you owe.
 

Demand for Payment

If the initial notice of non-compliance goes unnoticed and you still do not make an effort to settle your obligations, the state government may issue a demand for payment. This is more formal than the first notice sent to you, which is why it is wise for you not to ignore this any longer.
The demand will include the specific deadline by which the payment must be made.
 

Collection Efforts

If you still did not respond to the payment demand, the state may employ collection efforts through bank levies, wage garnishments, seizure of assets, and others to settle your tax debt.
Some states may also place tax lien on your properties, which could affect your ability to sell or transfer any of your assets until the tax debt is paid.
 

Revocation of Permits and Licenses to Operate

Some states may suspend or unilaterally revoke your business permits or licenses if you fail to comply with your sales tax obligations. This could affect your ability to legally operate as a business.
 

Legal Action

Harsher penalties await those who continue to avoid filing and paying their sales tax, even after numerous attempts by the state governments to reach and remind them of their obligations.
You may also be liable to civil and/or criminal penalties, including prison time and additional late payment charges.
 

How Does Each State Fine Those That Failed to File and Pay Sales Tax?

Civil penalties may be slapped if you are, in good faith, tried to comply with sales tax regulations but encountered a curveball in meeting the deadline or remitting the payment on time.
Meanwhile, criminal penalties may apply if you’re found to:
  • Willfully delayed payment of any sales tax due or intended to evade payment
  • Willfully falsified a return or submitted a fraudulent one
  • Falsely executed or signed a public document intended to cover up a material fact relating to tax
  • Knowingly filed a return with an intent to deceive the state government of your tax liability
Below are the civil and criminal penalties for each state government:
 
STATE PENALTY FAILURE TO FILE SALES TAX RETURNS FAILURE TO FILE COLLECTED SALES TAX
Alabama Civil
  • Greater of 10% of the total sales tax due or $50
  • 10% of the total sales tax due
Criminal
  • Misdemeanor
  • Felony
Alaska not applicable
Arizona  Civil
  • 4.5% of the total sales tax due per month or fraction
  • 0.5% of the total sales tax due per month or fraction (maximum of 10%)
 Criminal
  • Class 5 Felony
  • Class 5 Felony
Arkansas  Civil
  • 5% of sales tax due per month or fraction (maximum of 35%)
  • 5% of sales tax due per month or fraction (maximum of 35%)
Criminal
  • Class D Felony
  • Class C felony
  • Class D Felony 
  • Class C Felony
California Civil
  • 10% of the total sales tax due
  • 10% of the total sales tax due
 Criminal
  • Misdemeanor
  • Felony
  • Misdemeanor
  • Felony
Colorado Civil
  • Greater of 10% of the total sales tax due, in addition to 0.5% of the tax due per month (maximum of 18%) or $15
  • Greater of 10% of the total sales tax due, in addition to 0.5% of the tax due per month (maximum of 18%), or $15
Criminal
  • Misdemeanor
  • Class 5 Felony
Connecticut  Civil
  • Greater of 15% of the total sales tax due, or $50
  • Greater of 15% of the total sales tax due, or $50
 Criminal
  • Up to $1,000 fine and/or up to one (1) year of imprisonment
  • Up to $1,000 fine and/or up to one (1) year of imprisonment
Delaware not applicable
District of Columbia  Civil
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
 Criminal
  • Misdemeanor
  • Felony
  • Misdemeanor
  • Felony
Florida  Civil
  • 10% of the total sales tax due (minimum of $50)
  • 10% of the total sales tax due (minimum of $50)
 Criminal
  • Third-Degree Felony
  • Misdemeanor
  • First, Second, or Third Degree Felony, depending on the total sales tax due
Georgia  Civil
  • Greater of 5% of the total sales tax due or $5 per 30 days (maximum of 25% or $25)
  • Greater of 5% of the total sales tax due or $5 per 30 days (maximum of 25% or $25)
Criminal
  • High and Aggravated Misdemeanor
  • Felony
  • High and Aggravated Misdemeanor
  • Felony
Hawaii  Civil
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
  • Up to 25% of the sales tax due
 Criminal
  • Misdemeanor
  • Class C Felony
  • Embezzlement
Idaho  Civil
  • Greater of 5% of the total sales tax due per month (maximum of 25%) or $10
  • 0.5% of the total sales tax due per month (maximum of 25%)
Criminal
  • Misdemeanor
  • Felony
Illinois  Civil
  • 2% of the total sales tax due (maximum of $250)
  • 2% of the total sales tax due within 30 days, or
  • 10% of the total sales tax due if more than 30 days but within 90 days or
  • 15% of the total sales tax due if more than 90 days but within 180 days or
  • 20% of the total sales tax due if more than 180 days
Criminal
  • Class 4 Felony for failure to file sales tax
  • Class 3 Felony if total sales tax due is $300 or more
  • Class 4 Felony for failure to file sales tax
  • Class 3 Felony if total sales tax due is $300 or more
Indiana  Civil
  • 10% of the total sales tax due
  • 10% of the total sales tax due
 Criminal
  • Class A Misdemeanor
  • Class D Felony
Iowa  Civil
  • 5% of the total sales tax due
  • 5% of the total sales tax due
 Criminal
  • Fraudulent Practice – For willful failure to file sales tax
  • Class D Felony – Attempt to evade
  • Fraudulent Practice – For willful failure to file sales tax
  • Class D Felony – Attempt to evade
Kansas   Civil
  • 1% of the total sales tax due per month or fraction (maximum of 24%)
  • 1% of the total sales tax due per month or fraction (maximum of 24%)
 Criminal
  • $500 to $10,000 fine and/or one (1) to six (6) months imprisonment
  • $500 to $10,000 fine and/or one (1) to six (6) months imprisonment
Kentucky   Civil
  • Greater of 2% of the total sales tax due per 30 days, or fraction (maximum of 20%) or $10
  • Greater of 2% of the total sales tax due per 30 days, or fraction (maximum of 20%) or $10
 Criminal
  • Class D Felony
  • Class D Felony
Louisiana   Civil
  • 5% of the total sales tax due per 30 days, or fraction (maximum of 25%)
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
 Criminal
  • Up to $1,000 fine and/or up to one (1) year imprisonment 
  • If total sales tax due exceeds $1,000, up to $2,000 fine and/or up to two (2) years imprisonment
  • Up to $1,000 fine and/or up to five (5) years imprisonment
Maine  Civil
  • Greater of 10% of the total sales tax due or $25
  • 1% of the total sales tax due per month or fraction (maximum of 25%)
 Criminal
  • Class D Crime; Succeeding offenses are Class C Crime
  • Class D for intent to evade, Class C if the total sales tax due is $2,000 or more, or for succeeding offenses 
  • Class B for the subsequent offense and total sales tax due is $2,000 or more
  • Class D Crime; Succeeding offenses are Class C crime
  • Class D for intent to evade, Class C if the total sales tax due is $2,000 or more, or for succeeding offenses 
  • Class B for the subsequent offense and total sales tax due is $2,000 or more
Maryland  Civil
  • not applicable
  • Up to 10% of the total sales tax due
 Criminal
  • Misdemeanor
  • Misdemeanor
Massachusetts  Civil
  • 1% of the total sales tax due per month or fraction (maximum of 25%)
  • 1% of the total sales tax due per month or fraction (maximum of 25%)
 Criminal
  • Misdemeanor
  • Felony
Michigan  Civil
  • 5% of the total sales tax due if filed within two months and
  • An additional 5% of the total sales tax due per month or fraction (maximum of 25%)
  • 5% of the total sales tax due if filed within two months and
  • An additional 5% of the total sales tax due per month or a fraction of it after two months (maximum of 25%)
 Criminal
  • Felony
  • Misdemeanor
  • Felony
  • Misdemeanor
Minnesota  Civil
  • 5% of the total sales tax due
  • 5% of the total sales tax due per month or fraction (maximum of 15%)
 Criminal
  • Felony if there is a willful attempt to evade
  • Misdemeanor if there is none
  • Gross Misdemeanor – Knowing failure
  • Felony – willful attempt to evade
Mississippi  Civil
  • 10% of the total sales tax due
  • 10% of the total sales tax due for first offense,
  • 15% of the total sales tax due for second,
  • 25% of the total sales tax due for the third and
  • 50% of the total sales tax due for succeeding offenses
 Criminal
  • Misdemeanor
  • Misdemeanor
Missouri  Civil
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
  • 5% of the total sales tax due
 Criminal
  • Up to $10,000 fine and/or up to five (5) years imprisonment
  • Up to $10,000 fine and/or up to five (5) years imprisonment
Montana   not applicable
Nebraska  Civil
  • Greater of 10% of the total sales tax due or $25
  • Greater than 10% of the total sales tax due or $25
 Criminal
  • Class IV Misdemeanor
  • Class IV Felony for attempt to evade
  • Class IV Misdemeanor
  • Class IV Felony for willful failure to pay
Nevada  Civil
  • 10% of the total sales tax due
  • Up to 10% of the total sales tax due
Criminal
  • Misdemeanor
  • Misdemeanor
New Hampshire  not applicable
New Jersey  Civil
  • $100 with an additional 5% of the sales tax due per month or fraction (maximum of 25%)
  • 5% of the total sales tax due
 Criminal
  • Failure to file: disorderly person offense
  • Failure to file with intent: Third-degree crime
  • Disorderly Person Offense – Reckless or negligent failure to pay
  • Third-Degree Crime – Failure to pay with intent
  • Second-Degree Crime – Failure to pay $75,000 and total sales tax due
New Mexico  Civil
  • Greater of 2% of the total sales tax due per month or fraction (maximum of 20%) or $5
  • Greater of 2% of the total sales tax due per month or fraction (maximum of 20%) or $5
 Criminal
  • Felony
  • Felony
New York  Civil
  • 10% of the total sales tax due for the first month plus 1% for every month or fraction (maximum of 30% and minimum of $50) if late by a month or less
  • 10% of the total sales tax due for the first month plus 1% for every month or fraction (maximum of 30%)
 Criminal
  • Misdemeanor
  • Misdemeanor
  • Class E Felony for attempt to defraud the state or a political subdivision of at least $10,000
North Carolina  Civil
  • 5% of the total sales tax due if not more than one month and an additional 5% for each month or fraction (maximum of 25% in aggregate) or $5 or which is greater
  • 10% of the total sales tax due, $5 minimum
Criminal
  • Failure to file: Class 1 Misdemeanor
  • Attempt to evade: Class H Felony
  • Failure to pay: Class 1 Misdemeanor
  • Attempt to evade: Class H Felony
North Dakota  Civil
  • Greater of 5% of the total sales tax due per month or fraction (maximum of 25%) or $5
  • Greater of 5% of the total sales tax due or $5
 Criminal
  • Class A Misdemeanor
  • Class A Misdemeanor
Ohio  Civil
  • Greater of 10% of the total sales tax due or $50
  • Greater of 10% of the total sales tax due or $50
 Criminal
  • $100 to $1,000 fine and/or up to one (2) months imprisonment
  • Class 4 Felony
Oklahoma  Civil
  • 25% of the total sales tax due if not filed within ten days after receipt of written demand
  • 10% of the sales tax due after 15 days from the deadline
 Criminal
  • Misdemeanor – Intentional disregard
  • Felony – Intent to defraud/evade
  • Misdemeanor – Up to $500 fine for 1st offense
  • Up to $1,000 fine and/or up to one (1) month imprisonment for the succeeding offenses
Oregon  not applicable
Pennsylvania  Civil
  • Greater of 5% of the total sales tax due per month or fraction (maximum of 25%) or $2
  • 3% of the total sales tax due per month (maximum of 18%)
 Criminal
  • Misdemeanor
  • Misdemeanor
  • Charges of Embezzlement, misapplication of entrusted property, and/or theft for failure to remit collected tax
Rhode Island  Civil
  • 10% of the total sales tax due
  • 10% of the total sales tax due
 Criminal
  • Felony
  • Up to $10,000 fine and/or up to one (1) year imprisonment
South Carolina  Civil
  • 5% of the total sales tax due if not more than a month, with an additional 5% for each month or  fraction (maximum of 25%)
  • 0.5% of the total sales tax due for the month, with an additional 0.5% for each month or fraction (maximum of 25%)
 Criminal
  • Up to $10,000 fine and/or up to one (1) year imprisonment
  • Up to $10,000 fine and/or up to one (1) year imprisonment
South Dakota  Civil
  • Greater of 10% of the total sales tax due or $10
  • not applicable
 Criminal
  • Class 1 Misdemeanor
  • Class 6 Felony for failure to file two (2) or more within a year
  • Class 1 Misdemeanor
  • Class 6 Felony – Failure to pay two (2) or more within a year
Tennessee  Civil
  • Greater of 5% of the total sales tax per month or fraction (maximum of 25%) or $15
  • Greater of 5% of the total sales tax due per month or fraction (maximum of 25%) or $15
Criminal
  • Class E Felony
  • Class A Misdemeanor if total sales tax due is less than $500
  • Class E Felony
  • Class A Misdemeanor if total sales tax due is less than $500
Texas  Civil
  • Greater of 5% (additional 5% if more than a month late) or $1
  • Greater of 5% (additional 5% if more than a month late) or $1
Criminal
  • Class C Misdemeanor
  • Class B Misdemeanor and/or up to $2,000 fine for second offense
  • Class A Misdemeanor and/or up to $4,000 fine for the succeeding offenses
  • Class C Misdemeanor if total sales tax due is less than $10,000
  • State jail felony if total sales tax due is between $10,000 to $20,000
  • 3rd Degree Felony if total sales tax due is between $20,000 to $100,000
  • 2nd Degree Felony if total sales tax due is $100,000 or more
Utah  Civil
  • Greater of 10% of the total sales tax due or $20
  • Greater of 2%, 5%, or 10% of the total sales tax due or $20
Criminal
  • Third Degree Felony – $1,000 to $5,000 fine
  • Second Degree Felony – $1,000 to $25,000 fine
Vermont  Civil
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
Criminal
  • Up to $1,000 fine and/or up to one (1) year imprisonment 
  • Up to $10,000 fine and/or up to three (3) years imprisonment if total sales tax due exceeds $500
  • Up to $1,000 fine and/or up to one (1) year imprisonment 
  • Up to $10,000 fine and/or up to three (3) years imprisonment if total sales tax due exceeds $500
Virginia  Civil
  • 6% of the total sales tax due per month or fraction (maximum of 30%) or $10
  • 6% of the total sales tax due per month or fraction (maximum of 30%) or $10
Criminal
  • Class 1 Misdemeanor
  • Class 1 Misdemeanor
Washington  Civil
  • 5% of the tax the Department of Revenue has determined to be due
  • To increase to 15% if still not paid on the date in the notice
  • To increase to 25% if not paid within 30 days (minimum of $5)
  • 9% of the tax the Department of Revenue has determined to be due
  • To increase to 19% if still not paid on the date in the notice
  • To increase to 29% if not paid within the next month following the due date (minimum of $5)
Criminal
  • not applicable
  • not applicable
West Virginia  Civil
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
  • 0.5% of the total sales tax due per month or fraction (maximum of 25%)
Criminal
  • Misdemeanor – $100 to $2,500 fine
  • Misdemeanor – $100 to $2,500 fine and/or up to six (6) months imprisonment
  • Misdemeanor – Failure to pay tax collected
  • Felony – Failure to pay tax collected
Wisconsin  Civil
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
  • 25% of the estimate if the sales tax return is not filed
  • 5% of the total sales tax due per month or fraction (maximum of 25%)
Criminal
  • Misdemeanor
  • Felony or Misdemeanor Theft – depending on the amount of total sales tax involved
Wyoming  Civil
  • $10
  • $25 if not filed within a month after the receipt of the notice to file
  • 10% of the total sales tax due
Criminal
  • Misdemeanor
  • Misdemeanor – Failure to collect and pay
  • Misdemeanor – Failure to remit taxes collected
  • Felony – Failure to remit taxes collected
 

 

Can I Ask for the Penalties and Interests to be Waived?

However, don’t fret just yet. Although state governments are quick to impose interests and penalties on sales tax non-compliance, they are also lenient, especially if it’s an honest mistake or if it’s your first time filing and collecting sales tax returns. You need to show that a “reasonable cause” exists in your case, and they may consider waiving the penalties or, on rare occasions, including the interest.
Applications to waive differ from one state to another, so it is important that you consult with the local Department of Revenue where you owe sales tax. If you find this still too complicated and difficult, TaxHero can help you with this.
 

How Do I Avoid Sales Tax Penalties in the Future?

Understandably, filing and remitting sales tax might be overwhelming, especially to ecommerce businesses with a presence in multiple states and have economic nexus.  However, as responsible business owners, you should be on the lookout if ever you have sales tax obligations so that you will avoid getting tagged as non-compliant and avoid the consequences.
If you need help with your sales tax concerns, TaxHero can help you so that you and your business don’t suffer the harsh consequences.

Why Sales Tax Problems Can Escalate Quickly

Sales tax problems often become more serious faster than many business owners expect. This happens because sales tax is typically considered money collected on behalf of the state rather than normal business revenue.
Once a business fails to file or remit taxes correctly, the issue can grow quickly due to penalties, interest, and compliance reviews.
Several factors contribute to this escalation:
  • Unpaid tax balances continue growing: When sales tax is not paid on time, penalties and interest can begin accumulating almost immediately. Even a small balance can grow significantly over several months if the issue is not addressed quickly.
  • Multiple missed filings create multiple penalties: States typically require sales tax returns for every filing period, whether monthly, quarterly, or annually. Missing several periods may result in separate penalties for each unfiled return rather than a single combined charge.
  • States may review past activity more closely: If a business fails to file or pay taxes for a long period, tax authorities may start examining earlier transactions as well. This can lead to additional assessments if unpaid taxes are discovered from previous periods.
  • Collected tax is treated more seriously: If a business charges customers sales tax but does not remit it to the state, authorities often consider it a serious compliance violation. Because the money was collected from customers, the state may treat the situation as misuse of trust funds.

The Difference Between Late Filing, Late Payment, and Failure to Collect

Not all sales tax mistakes are the same, even though they are often grouped. Understanding the difference helps businesses determine what type of compliance issue they are dealing with.
Each type of mistake can trigger different penalties and corrective actions.
  • Late filing occurs when a return is submitted after the due date: Even if no tax was owed for the reporting period, most states still require the return to be filed on time. Missing the deadline can result in penalties because states rely on returns to track business activity.
  • Late payment happens when the return is filed but the tax balance is not paid on time: In this situation, the state receives the filing but not the payment. Interest and late payment penalties may continue accumulating until the outstanding balance is fully paid.
  • Failure to collect sales tax happens when tax should have been charged but was not: This may occur when a business misunderstands nexus obligations or applies incorrect tax settings. In many cases, the business may still be responsible for paying the tax even if it was never collected from customers.
  • Incorrect tax collection can create additional adjustments: Charging the wrong tax rate may cause either underpayment or overpayment. Businesses often need to correct these errors through amended returns or additional filings.

Warning Signs That Your Business May Be Headed Toward Sales Tax Trouble

Sales tax problems rarely appear suddenly. In most cases, small operational issues begin to develop before compliance problems become serious.
Recognizing these early warning signs can help businesses address problems before penalties occur.
  • Sales tax deadlines are frequently missed: If filing deadlines are consistently pushed back or forgotten, it may indicate that the business lacks a reliable system for managing tax obligations. Repeated delays increase the likelihood of penalties and compliance reviews.
  • Sales tax collection appears inconsistent: When some transactions include sales tax and others do not, it may signal incorrect tax settings or missing registrations. This inconsistency can lead to underpayment and reporting discrepancies.
  • Sales reports do not match filed returns: Differences between ecommerce platform reports, accounting records, and filed returns can create confusion during audits. Businesses should regularly reconcile these numbers to ensure accurate reporting.
  • The business is expanding into new states: Growth can trigger new tax obligations when sales thresholds or economic nexus rules are met. Businesses that do not monitor these thresholds may unknowingly create compliance gaps.
  • Sales tax responsibilities are unclear internally: When no specific team member is responsible for managing sales tax filings, important tasks may be overlooked. Clear ownership of compliance responsibilities helps reduce errors.

What Businesses Should Do Immediately After Missing a Sales Tax Deadline

Missing a sales tax deadline does not automatically mean the situation is irreversible. In many cases, the most important factor is how quickly the business takes corrective action.
Taking prompt steps can help limit penalties and prevent the issue from becoming more complicated.
  • Identify the exact filing period that was missed: Start by confirming which state, reporting period, and return type are involved. This helps ensure the correct issue is addressed instead of submitting incomplete corrections.
  • Determine whether the issue involves filing, payment, or both: Some businesses miss only the filing requirement, while others fail to both file and remit taxes. Understanding the nature of the problem allows the business to take the appropriate corrective action.
  • Gather all relevant transaction records: Before filing corrections, businesses should review sales reports, tax collected, and previous returns. Accurate documentation helps prevent additional discrepancies during the correction process.
  • Submit the return and payment as soon as possible: Filing promptly can stop additional penalties from accumulating in many cases. Even if penalties apply, resolving the issue quickly demonstrates good faith compliance.
  • Review overall tax compliance procedures: After resolving the immediate issue, businesses should evaluate whether their systems need improvement. Updating processes can help prevent similar problems in the future.

Why Sales Tax Compliance Becomes Harder as Businesses Grow

Sales tax compliance often becomes more complex as businesses expand their operations. What starts as a simple filing process can become significantly more complicated once sales increase across multiple states.
Understanding these challenges helps businesses prepare for growth more effectively.
  • Different states require different filing schedules: Some states require monthly returns, while others may require quarterly or annual filings. Businesses operating in multiple states must track several filing calendars at the same time.
  • Local taxes add additional complexity: Many jurisdictions allow counties or cities to apply their own sales tax rates. This means businesses must consider both state and local rates when calculating taxes.
  • Economic nexus rules create new obligations: When sales thresholds are exceeded in a particular state, businesses may become responsible for collecting tax there even without a physical presence. Monitoring sales activity helps businesses identify when these thresholds are reached.
  • Multiple sales channels create separate compliance considerations: Businesses that sell through both marketplaces and their own websites may face different tax responsibilities. Even if a marketplace collects tax on some transactions, the business may still be responsible for reporting others.

Frequently Asked Questions

Can I request an extension if I can’t file my sales tax return on the due date?

The simple answer is no. Although most state’s Department of Revenue typically gives due consideration for good causes, for example, natural disasters, extensions are generally not allowed. In this case, failure to file the sales tax return on time may incur late charges.

Do I have to file a sales tax return even on periods where I made no sales?

Yes. A sales tax return must always be filed, even on periods where no tax is due. If you made no sales on a particular period, put zero on the total tax due line and then submit it to the state government.
 

Can I file my sales tax return online? 

Yes, as all states, excluding those that don’t collect, have online submissions for sales tax returns, whether through their websites or email.
 

Want a way out of your sales tax debacle? TaxHero got you!

If you want to avoid facing the consequences of failing to comply with the sales tax rules, TaxHero’s team of sales tax experts and certified public accountants are here to help you. You may book a time with our CEO to help you with your concerns so you will have nothing to worry about more than your business’ success.