Marketplace Facilitator Law

Marketplace Facilitator Law refers to state statutes, adopted from 2018 after the Wayfair decision, that require online marketplaces to collect and remit sales tax on sales made by third-party sellers through their platforms.

2018, in all sales tax states by 2023 US state United States Enforced by State revenue departments

What it requires

All 45 states with a statewide sales tax and the District of Columbia require marketplace facilitators that exceed economic nexus thresholds, usually $100,000 in sales, to register, collect tax on facilitated sales, file returns and remit. Missouri's law, effective January 1, 2023, was the last to take effect. Third-party sellers are generally relieved of collecting on those sales but may still need to register, especially where they hold inventory, and must collect on their direct website sales.

Why it matters

These laws split tax responsibility by channel, which matters for any brand selling on Amazon, Walmart or eBay while also running its own web store. Marketplace orders are taxed by the platform, but direct sales shipped from the same 3PL warehouse are the seller's responsibility once nexus exists. For example, a brand whose inventory sits in an Amazon FBA warehouse in Arizona has physical nexus there and must collect Arizona tax on its own website sales.

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Related laws

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Not legal advice.