If a NY online retailer uses a CA manufacturer, do we need to collect CA state tax?
A New York online retailer commissions a California manufacturer to produce and directly ship goods, but the retailer's sales in California do not meet the out-of-state threshold. The core issue is whether the California manufacturer constitutes a sales tax nexus, thereby requiring the retailer to register and collect California sales tax. This article analyzes the tax obligations under this scenario based on existing rules.
My client is an online retailer based in NY, using a manufacturer in California to build and ship its products.
Do we need to collect sales tax in California underneath the out-of-state threshold, or is the outside manufacturer considered nexus?