Is SaaS Taxable? Economic Nexus and Sales Tax for SaaS Companies, State by State
South Dakota v. Wayfair (2018) established that a state can require an out-of-state seller to register and collect sales tax once it crosses that state's economic nexus threshold — a dollar amount of sales, a transaction count, or both — with no physical presence required. Every state with a sales tax now has its own version of this threshold, and the threshold test itself doesn't care what you're selling: a SaaS company trips the same $100,000-sales trigger a company selling physical goods would.
But nexus only answers "do I have to register and file in this state." It says nothing about taxability — whether your specific product is subject to sales tax there at all. For a SaaS company, that second question has a genuinely different answer than it would for a company selling physical goods, and treating "I crossed nexus here" as "I now charge tax here" is a common, expensive mistake in either direction: overcharging customers in states that don't tax SaaS, or quietly under-collecting (and accumulating real liability) in states that do.
Where SaaS is actually taxed — and where it isn't
This varies enough, and changes often enough, that no single list stays accurate indefinitely — but the broad pattern is well established across multiple tax-compliance sources:
- States that tax SaaS outright: New York and Texas are the clearest, most frequently cited examples. Texas taxes SaaS under its "data processing service" category, notably at a reduced rate — roughly 80% of the charge is taxable, not the full amount. Pennsylvania, Washington, and Hawaii also generally tax SaaS as a digital service.
- States that generally don't tax SaaS: California is the most commonly cited example — SaaS is generally treated as a non-taxable service there, with exceptions when it's bundled with tangible property. Florida is another commonly cited non-taxing state.
- Conditional/partial taxation: some states split the answer by customer type or use case. Connecticut taxes B2B SaaS at a reduced 1% rate but B2C at the full rate; Iowa taxes SaaS sold to consumers but exempts business use.
- Overall, roughly 25 of the states with a sales tax tax SaaS in some form as of 2026 — meaning roughly half don't, or only do so conditionally. That's a much less uniform picture than physical goods, which are taxable in nearly every sales-tax state once you have nexus there.
The practical result: a SaaS company can have economic nexus in 30 states and only actually owe sales tax in a subset of them, and that subset shifts as states revisit their own digital-goods rules — this isn't a "check once and done" list.
Two other SaaS-specific wrinkles worth knowing
- B2B vs. B2C treatment isn't universal. Connecticut and Iowa (above) tax based on who's buying, not just what's being sold — a distinction that doesn't exist in most goods-taxability rules. If your SaaS product has both business and consumer customers, this can mean different tax treatment for the same product in the same state depending on the buyer.
- "SaaS" isn't always the state's own category. Some states tax it under a "digital automated services" or "data processing" label (Texas is the clearest example) rather than a category literally called SaaS or software — which matters if you're trying to map your product against a state's own statute rather than relying on a secondary source's summary.
State-by-state nexus threshold table
The table below covers the nexus/registration question — when you're required to register at all. It's the same for SaaS and physical goods; only the taxability question above diverges.
There are 45 separate jurisdictions with an economic nexus rule, each with its own threshold and its own habit of changing the rules without much notice.
- Most states: $100,000 in annual sales is the trigger.
- Higher-threshold states: California, Texas, and New York sit at $500,000. Alabama and Mississippi sit at $250,000.
- Transaction-count thresholds are being phased out. Illinois dropped its 200-transaction test effective January 1, 2026; Kentucky follows August 1, 2026.
- New York and Connecticut require both the dollar threshold and the transaction threshold to be crossed (an "AND" test) — meaningfully harder to trigger than a typical OR state.
As of May 4, 2026 — sourced from a single secondary aggregator, not independently verified per-state. Confirm the current figure for any state before relying on it for a registration decision.
| State | Dollar Threshold | Transaction Threshold | Logic |
|---|---|---|---|
| Alabama | $250,000 | Specified activities | AND |
| Alaska | $100,000 | Removed (1/1/25) | OR |
| Arizona | $100,000 | None | Single |
| Arkansas | $100,000 | 200 | OR |
| California | $500,000 | None | Single |
| Colorado | $100,000 | Removed (4/14/19) | Single |
| Connecticut | $100,000 | 200 | AND |
| Delaware | No sales tax | N/A | N/A |
| D.C. | $100,000 | 200 | OR |
| Florida | $100,000 | None | Single |
| Georgia | $100,000 | Removed (7/1/24) | OR |
| Hawaii | $100,000 | 200 | OR |
| Idaho | $100,000 | None | Single |
| Illinois | $100,000 | Removed (1/1/26) | Single |
| Indiana | $100,000 | Removed (1/1/24) | Single |
| Iowa | $100,000 | Removed (5/3/19) | Single |
| Kansas | $100,000 | None | Single |
| Kentucky | $100,000 | Removed (8/1/26) | OR |
| Louisiana | $100,000 | Removed (8/1/23) | Single |
| Maine | $100,000 | Removed (1/1/22) | Single |
| Maryland | $100,000 | 200 | OR |
| Massachusetts | $100,000 | Removed (10/1/19) | Single |
| Michigan | $100,000 | 200 | OR |
| Minnesota | $100,000 | 200 | OR |
| Mississippi | $250,000 | None | Single |
| Missouri | $100,000 | None | Single |
| Montana | No sales tax | N/A | N/A |
| Nebraska | $100,000 | 200 | OR |
| Nevada | $100,000 | 200 | OR |
| New Hampshire | No sales tax | N/A | N/A |
| New Jersey | $100,000 | 200 | OR |
| New Mexico | $100,000 | None | Single |
| New York | $500,000 | 100+ transactions | AND |
| North Carolina | $100,000 | Removed (7/1/24) | Single |
| North Dakota | $100,000 | Removed (12/31/18) | Single |
| Ohio | $100,000 | 200 | OR |
| Oklahoma | $100,000 | None | Single |
| Oregon | No sales tax | N/A | N/A |
| Pennsylvania | $100,000 | None | Single |
| Rhode Island | $100,000 | 200 | OR |
| South Carolina | $100,000 | None | Single |
| South Dakota | $100,000 | Removed (7/1/23) | Single |
| Tennessee | $100,000 | None | Single |
| Texas | $500,000 | None | Single |
| Utah | $100,000 | Removed (7/1/25) | Single |
| Vermont | $100,000 | 200 | OR |
| Virginia | $100,000 | 200 | OR |
| Washington | $100,000 | None | Single |
| West Virginia | $100,000 | 200 | OR |
| Wisconsin | $100,000 | Removed (2/20/21) | Single |
| Wyoming | $100,000 | Removed (7/1/24) | OR |
Related Reading
- Economic Nexus for E-Commerce — the nexus rules are the same, but taxability works very differently for physical goods
- US tax coverage — Clearvo's full US sales tax implementation details
One API that knows both answers
Clearvo's Tax Calculations API handles this for SaaS businesses specifically — not just tracking where you have nexus, but correctly determining whether your product is actually taxable in each state, and at what rate, from one integration. No sales call needed.
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