TaxValet | Sales Tax Blog | State laws, E-commerce, SaaS

2026 Sales Tax Year in Review | TaxValet

Written by Richard Reynolds | Oct 20, 2026, 11:22:52 AM

Compared to the challenges of 2025, sales tax in 2026 was a lot calmer for ecommerce businesses.

Sure, there were a few tricky changes, but there were also many big and small wins.

This sales tax review explores the major national trends, state highlights, important legal stories, and what you can do to prepare for 2027.  

 

3 Major National Sales Tax Trends in 2026

Across the country, these are the top three sales tax trends for 2026.

1. Simpler Nexus Thresholds

If you sell a high volume of lower-priced items, you may know how easy it is to cross a transaction threshold before your sales volume justifies it.

Thankfully, the move away from using transaction-count nexus thresholds continued in 2026:

  • Illinois removed its 200-transaction limit on January 1, 2026.

  • Kentucky dropped its 200-transaction limit on August 1, 2026.

Both states now use a single revenue test of $100,000 in sales.

Besides these two states, New Jersey has introduced a bill to drop its own transaction threshold.

 

2. The Tax Base Kept Widening

One of the biggest trends of 2026 was states expanding their taxable base to include more software and digital goods. For ecommerce sellers, this can be tricky since products that they treated as tax-free for years are now taxable.

Here are some of the biggest changes to note across the US:

  • As of January 1, 2027, California's law SB 122 will tax prewritten software and online software (SaaS), while custom software will remain tax-exempt.

  • Under Senate Bill 162, Utah clarified that streamed and downloaded digital products, like subscription access to music, movies, books, and gaming, are officially taxable as of July 1, 2026.

  • In Kentucky, official guidance from the DOR states that prewritten software with AI features is taxable. House Bill 757 also added data brokering to the state's list of taxable services starting August 1, 2026.

  • Colorado moved to narrow its existing exemption for downloadable software.

  • While Connecticut rolled out exemptions for traditional school supplies this year, it notably singled out that electronic school supplies will remain fully taxable.

 

3. Advertising and Digital-Services Taxes Became a New Target

The last trend to highlight is states taxing digital advertising and social media activity.

However, these efforts are already facing lots of legal pushback, with Maryland’s digital ad tax being struck down by the court (more on this in the Legal Spotlight section).

That said, a few of the states are still making moves that are worth noting:

  • Illinois: Starting January 1, 2027, Senate Bill 3019 will impose a 10% tax on targeted advertising services, add a monthly fee for large social media platforms, and create a brand-new tax on digital asset businesses.

  • Utah, Pennsylvania, and Minnesota: All three states introduced or advanced bills this year aimed at taxing digital advertising or social media platforms.

💡 Click to view full image

 

State Highlights 

While tax trends shifted nationwide, a handful of states stood out for major rule changes this year.

 Illinois

Illinois was easily one of the busiest states in 2026:

The Change Effective What It Means
Simpler nexus rules & automatic account updates Jan 1, 2026

As noted earlier, Illinois officially dropped the 200-transaction threshold.

If you triggered nexus under the old 200-transaction rule but didn't hit $100,000 in sales, your account was changed to “voluntary use tax” status, and notices were sent to explain your status.

Local grocery taxes Jan 1, 2026

 Under Public Act 103-0781, the 1% state grocery tax was eliminated, but it gave local cities the green light to set up their own 1% tax instead. 

Chicago lease tax Jan 1, 2026

Chicago bumped its Personal Property Lease Transaction Tax from 11% to 15%, raising the tax bill for cloud software and digital services used in the city. 

Targeted ad tax Jan 1, 2027

As noted above, effective January 1, 2027, there will be a 10% digital ad revenue tax and fees for major social media platforms. 

Tax amnesty window Aug 1 – Oct 31, 2026

Illinois held a Remote Retailer Amnesty Program from August 1 to October 31, 2026. Out-of-state sellers could pay unpaid taxes from January 1, 2021, to June 30, 2026, at a flat rate, with no penalties or interest.

 

State Amnesty Programs

Beyond Illinois (detailed above), states rolled out an unusually high number of tax amnesty programs this year. These give remote sellers a rare chance to step forward, pay past-due taxes, and wipe out penalties and interest.

These are all the amnesty windows that apply to ecommerce businesses:

State Amnesty Window What It Offered
 Indiana  Jul 15 – Sep 9, 2026

Covered unpaid taxes from before 2024 and waived penalties, interest, and collection fees for eligible businesses.

 New York  Sep 1 – Dec 31, 2026

 The PAID program waived 100% of penalties and cut accrued interest in half for eligible past-due sales tax bills paid in full. 

 Rhode Island  Dec 3, 2026 – Feb 15, 2027

 An end-of-year window to wipe out penalties and reduce interest by 25% for taxes owed through the end of 2025. 

 

Sales Tax Legal Spotlight

A few big moves have happened in court this year that affect ecommerce businesses. 

Maryland’s Digital Ad Tax Struck Down

On August 14, 2026, the Maryland Tax Court struck down the state’s digital advertising tax and ordered refunds for the collected money with interest.

The court identified two massive constitutional flaws:

 
1. Taxing online ads while letting traditional analog formats (like print and billboards) slide directly violates the federal Internet Tax Freedom Act.
 
2. As Apple, Google, and Peacock TV proved in court, Maryland tried to base its tax tiers on a company’s worldwide revenue instead of local, in-state activity. The court ruled this a clear violation of the Commerce Clause.

The comptroller has appealed the court's ruling, so this isn't the final decision. For now, it raises doubts about advertising taxes in other states.

 

Follow Up: Supreme Court Tariff Ruling

Last year's review flagged the tariff case as a big one to watch.

On February 20, 2026, the U.S. Supreme Court ruled in the case of Learning Resources v. Trump that the International Emergency Economic Powers Act (IEEPA) doesn’t permit the president to impose tariffs. 

This ruling struck down the 2025 Liberation Day tariffs.

However, the Trump administration quickly pivoted to replace the struck-down tariffs under a different law (Section 122 of the Trade Act of 1974). So while the legal reasons have changed, the cost pressure on your supply chain remains largely the same.

 

Business and Industry Impact

As with almost every year in sales tax, how this year's changes truly affect you depends on what you sell and how you operate. 

If your business is... …it means
Software & digital products You’re affected by the taxable base expansions to capture SaaS, downloaded goods, and AI tools.

Reliant on digital ad spend There’s a new tax category to keep an eye on. States are testing taxes on digital advertising and social media, though Maryland’s court ruling shows these proposals face steep legal hurdles.

High-volume, lower-priced items You gained helpful breathing room. With Illinois and Kentucky dropping their transaction thresholds, you can build order volume in those states without triggering early tax registration requirements.

Everyday ecommerce  With broader product taxability, new threshold rules, and local rate changes, you’re left doing a lot more sales tax admin.

 

What Ecommerce Businesses Should Do to Be Ready for 2027

To be ready for 2027, you can work on these 6 things: 

What to do     How to do it
Check state amnesty eligibility If you owe back taxes in New York or Rhode Island, compare their amnesty rates and lookback periods with a standard Voluntary Disclosure Agreement (VDA) to find the best option. Make sure to apply before these remaining windows close.

Re-map software and digital products Check your product catalog in your tax software before California's new SaaS tax starts on January 1, 2027. Make sure to update your product tax codes and billing contracts so that taxes are calculated correctly during checkout.

Review nexus status quarterly Run sales reports quarterly instead of once a year. With thresholds changing more often, an annual check is no longer enough to catch changes in time. Also check that your tax software turned off the old 200-transaction rules for Illinois and Kentucky.

Track use tax on purchases Check your own software subscriptions and vendor bills. If a vendor didn't charge you sales tax on a taxable purchase, report and pay consumer use tax on your own tax return.

Keep audit-ready records Collect full street addresses (not just ZIP codes) for every order, verify resale certificates from wholesale buyers, and keep all sales and purchase records for 3 to 5 years.

Use address-level tax rates Switch from ZIP-code rates to exact street-address lookup in your tax software so you don't miscalculate rates across overlapping local tax districts.

 

What to Watch Out For in 2027

Looking ahead to 2027, expect states to double down on the changes they started this year.

Here are the four biggest trends to keep on your radar:

  • More states dropping transaction thresholds: Expect other states to drop their transaction-count rules, with New Jersey already pushing a proposal forward.
  • A wider tax net for tech: With California’s SaaS tax officially starting in 2027, more states are likely to view digital products as their next major revenue source.
  • The Maryland appeal: The outcome of that appeal will impact whether other states abandon their own ad tax proposals or push them through.
  • More tax amnesty programs: Expect to see more amnesty windows pop up as states try to balance strict enforcement with financial incentives to get sellers registered on the books.

 

How to Handle Sales Tax in 2027

With so many businesses prioritizing cost optimization, dealing with sales tax right now can be a big hurdle for teams working toward that goal.

Instead, you can get a dedicated Fractional Sales Tax Department that manages your sales tax end-to-end with TaxValet. Plus, you get this for a fraction of the cost of one internal sales tax specialist.

Ready to get rid of this hurdle once and for all?