Why “just register everywhere” is rarely the right answer for small businesses

When small business owners ask about sales tax compliance, they are often met with advice that sounds reassuringly simple.

Register everywhere you have nexus.
Be conservative.
Err on the side of caution.

I understand why this guidance shows up. It feels responsible. It removes ambiguity. It gives a clear next step in a system that rarely offers one.

And to be clear, registration is often the right decision, especially once a business has meaningful taxable activity or clear exposure in a state.

The problem is not registration itself. The problem is treating registration as automatic rather than intentional.

Sales tax compliance is not simple. Advice that skips context can quietly create more work and more risk than it resolves.

Registration is not a harmless box to check. Once a business registers in a state, it creates an ongoing relationship with that tax authority. There are filing obligations. There are notices. There is recordkeeping. There is audit exposure. Even when no tax is due, returns still have to be filed.

For some businesses, especially those with minimal taxable sales in a state, registration can increase complexity without meaningfully reducing risk, at least in the short term.

This comes up often with B2B sellers, exempt customers, and marketplace-heavy businesses. On paper, economic nexus may exist. In practice, actual tax liability may be close to zero. The ongoing administrative burden, however, is very real.

A more helpful approach asks better questions.

• Are the sales actually taxable?

• Are customers exempt, and are exemption certificates realistic to manage?

• Are marketplaces already collecting and remitting?

• What obligations begin after registration, not just at registration?

• What does it realistically cost to stay compliant in this state over time?

This is where judgment matters.

Sales tax compliance is not a moral purity test. It is a risk management exercise. Businesses are allowed to think about materiality, proportionality, timing, and tradeoffs.

Small businesses do not need advice designed for companies with internal tax departments. They need guidance that acknowledges how limited time, focus, and resources actually are.

Registering is often the right answer. The mistake is assuming it is always the first answer.

The hidden internal cost of sales tax compliance

When people ask me about the cost of sales tax compliance, they usually mean software pricing or consulting fees.

That part is relatively easy to quantify.

What gets discussed far less is the internal cost. And for many small businesses, that is the part that feels heaviest.

Sales tax compliance rarely sits neatly inside a single role. In small companies, it tends to spill across teams. Finance touches it. Operations touches it. Sometimes founders touch it directly. Often, no one feels fully responsible for it, but everyone feels the interruption.

I have watched capable, thoughtful teams get worn down by sales tax work that feels constant and unrewarding. Tracking thresholds. Updating integrations. Researching taxability. Reconciling reports. Following up on exemption certificates.

None of this work helps the business grow. None of it improves the product. None of it creates leverage.

And yet, it still demands attention.

Implementation alone can take months. Even with software, there is setup, testing, cleanup, and ongoing review. Once things are live, the work does not disappear. Laws change. Rates change. Sales patterns change. Someone has to notice, and someone has to respond.

Exemption certificates are a good example. On paper, they look straightforward. In practice, they are fragile. Documents go missing. Forms are incomplete. Certificates expire quietly. Customers promise to send them but never do. 

Faced with this, businesses make understandable trade-offs. Some absorb sales tax rather than going back to customers. Others delay compliance because they cannot justify the internal disruption right away. I have seen businesses quietly decide that the internal cost of compliance outweighs the likely exposure, at least for a period of time.

That decision is not careless. It is human.

Sales tax compliance does not just cost money. It consumes focus. And focus is one of the most limited resources a small business has.

The goal is not to eliminate that reality or pretend it is easy. The goal is to recognize the internal cost for what it is, plan for it honestly, and build systems that reduce the mental load over time.

Wayfair’s unintended consequences: compliance challenges for small remote sellers

To mitigate the impact on small remote sellers, the federal Wayfair ruling required states to include a safe harbor provision in their sales tax laws. These provisions are meant to lessen the compliance burden by exempting businesses that fall below certain thresholds—typically based on sales volume or transaction count, like $100,000 in sales or 200 transactions—from the obligation to collect and remit sales tax.

While this was a step in the right direction, the varying safe harbor thresholds and requirements across states have created an overwhelming burden for small remote sellers. They must first determine where they have economic nexus based on the 46 different safe harbor provisions and then navigate the various requirements related to registration, return filings, notice responses, and audits.

Sales tax compliance in this environment is highly complicated, costly, and stressful for small remote sellers. Unlike large corporations with dedicated tax teams, these small businesses often lack the resources to confidently comply with the myriad state tax laws. Many small remote sellers who decide to pursue compliance turn to software solutions and external consultants, while others attempt to handle compliance in-house, often with less favorable outcomes.

Managing Sales Tax Compliance as a Small Business

If you’re a small remote seller, here are a few strategies to manage compliance more effectively:

1. Evaluate Software Solutions: Look for sales tax software that can automate calculation and reporting to ease (though not replace) the compliance process.

2. Consult an Expert: A sales tax consultant can help you understand nexus thresholds and manage filings across states, saving time and reducing the risk of errors.

Six years after the Wayfair ruling, challenges for small remote sellers persist. The ruling, while addressing inequities for local businesses, has inadvertently created barriers to small business creation, growth, and entrepreneurial spirit. Non-compliance—whether intentional or unintentional—poses a high risk, and many small sellers are increasingly anxious about potential audits in the coming years.