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Virginia businesses only need to pay sales tax on out-of-state sales if they have nexus in other states. Nexus means that the business has a physical presence in another state.
Virginia is an origin-based state. This means you're responsible for applying the sales tax rate determined by the ship-from address on all taxable sales. For additional information, see 23VAC10-210-2070.
Out-of-state dealers: generally individuals and businesses located outside of Virginia, but with sufficient physical or economic presence to establish nexus in Virginia, must register to collect sales tax as an out-of-state dealer.
List of Destination-Based Sales Tax StatesAlabama.Arkansas.Colorado.Connecticut.District of Columbia.Florida.Georgia.Hawaii.More items...
Sales Tax Exemptions in Virginia Usually exempt in local jurisdictions is food which has been bought from a grocery store, the majority of agricultural supplies, and prescription medicines. These categories may have some further qualifications before the special rate applies, such as a price cap on clothing items.
One of the key areas to know when it comes to sales tax is sourcing, which means the location where a sale is taxed. Origin-sourced sales are taxed where the seller is located, while destination-sourced sales are taxed at the location where the buyer takes possession of the item sold.
For the most part, if you ship taxable items, then all shipping charges are taxable. And if you ship all non-taxable items in a parcel, then the shipping charges for that parcel are non-taxable.
If you are trying to decide which rate to charge based on either shipping or billing address, the short answer is to charge sales tax based on your customer's shipping address.
Virginia: Separately stated shipping charges, including postage, are generally exempt from Virginia sales tax, but handling charges are always taxable. Shipping charges are taxable when not separately stated on the invoice, or if they're combined with handling or other fees as a single charge.
So, in Virginia, if the shipping charges are separately stated on the invoice, they are not taxable. However, if you have a 'shipping AND handling' charge on the invoice, even if they are separately stated from the price of the goods, the shipping and handling charge is taxable.