As of 2026, 46 US states and the District of Columbia have enacted marketplace facilitator laws requiring platforms like Amazon, Etsy, and Walmart to collect and remit sales tax on behalf of third-party sellers. Only the five NOMAD states — Alaska, Delaware, Montana, New Hampshire, and Oregon — have no statewide sales tax and therefore no marketplace facilitator requirements.
The legal shift began after the 2018 South Dakota v. Wayfair Supreme Court ruling, which eliminated the physical presence requirement for sales tax collection. States quickly followed with marketplace facilitator laws, recognizing that placing the compliance burden on thousands of small sellers was impractical. Amazon began collecting in all applicable states by January 2020. eBay, Etsy, and Walmart Marketplace followed within the same year.
What marketplace facilitator laws actually require
Under a marketplace facilitator law, the platform (not the individual seller) is legally responsible for calculating, collecting, and remitting sales tax on each transaction. The seller is generally relieved of the collection obligation for sales made through that platform — though they may still need to track those sales toward their own economic nexus thresholds in some states.
Why Shopify, WooCommerce, and BigCommerce are different
Shopify, WooCommerce, and BigCommerce are e-commerce platforms, not marketplaces. Legally, a marketplace facilitator must bring together buyers and sellers and facilitate the sale. A platform that simply provides software for a merchant to run their own store does not meet this definition. Merchants on these platforms own the customer relationship and are therefore fully responsible for sales tax compliance in every state where they have nexus.
A seller who generates $150,000 in annual revenue through their own Shopify store must independently determine nexus in each state, register for a sales tax permit, configure their store to collect the correct rate, and file periodic returns. The same seller generating $150,000 through Amazon has none of those obligations for the Amazon-facilitated portion — Amazon handles all of it.
Multi-channel sellers: the nexus threshold question
Many states require that marketplace-facilitated sales still count toward the seller's economic nexus threshold, even though the marketplace collects the tax. For example, in California, a seller with $80,000 in Shopify sales and $70,000 in Amazon sales has $150,000 in total California revenue. That exceeds California's $500,000 threshold only when combined — but in states with a $100,000 threshold, both channels together could push the seller over. Tracking total volume across all channels matters, even when some channels collect tax automatically.