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Taxes / State tax rules

Selling on eBay, Poshmark or Etsy: sales tax and 1099-K rules by state

In every state below with a general sales tax, a marketplace facilitator law puts the platform in charge of collecting and sending in the tax on sales made through it (except that Oklahoma lets a facilitator over the threshold elect notice-and-reporting instead of collecting; see its page); the table gives each state's statute and start date, and each state's page covers what is still left to the seller. For Form 1099-K, the federal test is over $20,000 in more than 200 transactions, and Illinois, Maryland, Massachusetts, Montana, Vermont and Virginia set their own, while Arkansas, the District of Columbia and New Jersey give dollar figures for state copies of Forms 1099 in general; each page quotes the state's own rule.

General information, not tax advice. Check with a tax professional about your own situation.

State by state

Each row is from that state's revenue department and statute pages, read on the date shown on its page (latest Oct 19, 2026). "Not stated on pages checked" means the state's pages read for this table say nothing about Form 1099-K either way. Federal 1099-K test from the IRS page Understanding your Form 1099-K.
StateGeneral sales taxMarketplace facilitator lawFacilitators collect sinceForm 1099-K
Alabama Yes (4% state) Code of Ala. 1975 § 40-23-199.2 (Act 2018-539, Section 3) Federal test; copy filed with the state
Alaska Local only No state law n/a No personal income tax
Arizona Transaction privilege tax (TPT) A.R.S. § 42-5044 (H.B. 2757, 2019); liability rules in § 42-5043 No separate state threshold
Arkansas Yes (6.5% state) Ark. Code Ann. § 26-52-111 (Act 822 of 2019, Section 19) State figure for copies of Forms 1099: $2,500
California Yes Cal. Rev. & Tax. Code §§ 6040-6049.5 (Marketplace Facilitator Act, AB 147, Stats. 2019, ch. 5) Not stated on pages checked
Colorado Yes (2.9% state) C.R.S. §§ 39-26-102(3)(c), (5.8) and (5.9) and 39-26-105(1.5) (House Bill 19-1240) Not stated on pages checked
Connecticut Yes (6.35% state) Conn. Gen. Stat. § 12-408e (P.A. 18-152, § 4) Federal test; copy filed with the state
Delaware None No state law n/a Not stated on pages checked
District of Columbia Yes (6% state) D.C. Code § 47-2002.01a (D.C. Law 22-258, Internet Sales Tax Amendment Act of 2018) State figure for copies of Forms 1099: $600
Florida Yes (6% state) § 212.05965, Fla. Stat. (Chapter 2021-2, Laws of Florida) No personal income tax
Georgia Yes O.C.G.A. § 48-8-2(8)(M.3) (H.B. 276, 2020) Federal test; copy filed with the state
Hawaii General excise tax (GET), 4% state Act 2, Session Laws of Hawaii 2019 (Tax Information Release 2019-03) Not stated on pages checked
Idaho Yes Idaho Code § 63-3605E (House Bill 259, 2019) Not stated on pages checked
Illinois Yes (6.25% state) Retailers' Occupation Tax Act (35 ILCS 120); 86 Ill. Adm. Code 131.145 State threshold: $1,000 and 4+ transactions
Indiana Yes (7% state) House Enrolled Act 1001 (2019), as described in DOR Sales Tax Information Bulletin #89 Not stated on pages checked
Iowa Yes (6% state) Iowa Code § 423.14A (Senate File 2417, 2018) No separate state threshold
Kansas Yes (6.5% state) Senate Bill 50 (2021), new Sections 1 through 4 No separate state threshold
Kentucky Yes (6% state) KRS 139.450 (HB 354, 2019; amended by HB 249, 2021, and HB 757, 2026) Not stated on pages checked
Louisiana Yes (5% state) La. R.S. 47:340.1 (Act 216 of the 2020 Regular Session) Not stated on pages checked
Maine Yes 36 M.R.S. § 1951-C (P.L. 2019, c. 441) Federal test; copy filed with the state
Maryland Yes (6% state) Md. Code, Tax-General § 11-403.1 (Chapter 735 of 2019, House Bill 1301) State threshold: the IRC § 6041(a) amount
Massachusetts Yes (6.25% state) G.L. c. 64H, § 34 (St. 2019, c. 41, § 32) State threshold: $600
Minnesota Yes Minn. Stat. § 297A.66, subd. 2(b); § 297A.77 Not stated on pages checked
Missouri Yes RSMo 144.752 (with the $100,000 test in RSMo 144.605) Not stated on pages checked
Montana None No state law n/a State threshold: $600
Nebraska Yes (5.5% state) Neb. Rev. Stat. § 77-2701.13(3) (LB 284, 2019) No separate state threshold
Nevada Yes (6.85% state) NRS 372.746 to 372.754 (AB 445, 2019) No personal income tax
New Hampshire None No state law n/a No personal income tax
New Jersey Yes (6.625% state) N.J.S.A. 54:32B-3.6 (P.L.2018, c.132, § 2) State figure for copies of Forms 1099: $1,000
New Mexico Gross receipts tax, 4.875% state NMSA 1978 §§ 7-9-3(J), 7-9-3.3 and 7-9-3.5 (marketplace provider), § 7-9-117 (marketplace seller deduction) Not stated on pages checked
New York Yes (4% state) N.Y. Tax Law §§ 1101(e) and 1132(l) Not stated on pages checked
North Carolina Yes (4.75% state) N.C. Gen. Stat. § 105-164.4J (S.L. 2019-246) Federal test; copy filed with the state
North Dakota Yes N.D.C.C. § 57-39.2-02.3 Not stated on pages checked
Ohio Yes (5.75% state) Ohio Rev. Code 5741.01(E), (I)(4) and (Q) (Am. Sub. H.B. 166, 2019) Not stated on pages checked
Oklahoma Yes (4.5% state) 68 O.S. §§ 1392-1393 (as amended by SB 513, 2019, and SB 1339, 2022) Not stated on pages checked
Oregon None No state law n/a Federal test; copy filed with the state
Pennsylvania Yes (6% state) Tax Reform Code of 1971, § 237(b.1), 72 P.S. § 7237(b.1) (Act 13 of 2019) Not stated on pages checked
Rhode Island Yes (7% state) R.I. Gen. Laws § 44-18.2-3 Not stated on pages checked
South Carolina Yes (6% state) S.C. Code Ann. §§ 12-36-70 and 12-36-71 (Act No. 21 of 2019) Not stated on pages checked
South Dakota Yes (4.2% state) SDCL 10-65-5 (SL 2018 (SS), ch 3) Not stated on pages checked
Tennessee Yes (7% state) Tenn. Code Ann. §§ 67-6-901 to 67-6-902 (Public Chapter 646 (2020)) No personal income tax
Texas Yes (6.25% state) Tex. Tax Code § 151.0242 (HB 1525, 2019) Not stated on pages checked
Utah Yes (4.85% state) Utah Code § 59-12-107.6 No separate state threshold
Vermont Yes (6% state) 32 V.S.A. § 9713 (Act 46 of 2019) State threshold: $2,000
Virginia Yes Va. Code § 58.1-612.1 (2019 Acts, chs. 815 and 816) State threshold: $600
Washington Yes (6.5% state) RCW 82.08.0531 No personal income tax
West Virginia Yes (6% state) W. Va. Code § 11-15A-6b (HB 2813, 2019) Not stated on pages checked
Wisconsin Yes (5% state) Wis. Stat. §§ 77.52(3m)(a) and 77.523(1) (2019 Wis. Act 10); Wis. Admin. Code § Tax 11.555 Not stated on pages checked
Wyoming Yes (4% state) W.S. 39-15-502 (2019 Wyo. Sess. Laws, Enrolled Act No. 23, HB0069) Not stated on pages checked

Not on this table yet: Michigan and Mississippi. A state is added only when its own official pages can be read and checked.

Form 1099-K: the states with their own test

The federal test is over $20,000 in more than 200 transactions through one platform in a calendar year. Of the 49 places on this table, 6 set a 1099-K test of their own, below the federal one, for payees there, 3 give a dollar figure for state copies of Forms 1099 in general, and 6 more have platforms file a copy of the federal form with the state. Each figure below is the state's own wording, from its revenue department or statute; a reporting figure says nothing about tax owed.

States with their own Form 1099-K test, lowest figure first, as read on each state's page (latest Oct 19, 2026). The rule column is the state's citation where the state gives one.
StateFigureTransactionsThe state's wordingRule
Massachusetts $600 No count gross payments to a payee of $600 or greater that are subject to taxation under G.L. c. 62, regardless of the number of transactions 830 CMR 62C.8.1, under G.L. c. 62C, § 8
Montana $600 No count $600, the amount the department's guide lists for Forms 1099-K filed with Montana for a distribution to a Montana resident or Montana business Revenue department guidance
Virginia $600 No count a third-party settlement organization paid $600 or more to a Virginia payee, or to a payee at a Virginia mailing address Va. Code § 58.1-356(B)
Illinois $1,000 4 or more four or more separate transactions with a cumulative total over $1,000, for a payee with an Illinois address 35 ILCS 5/703A (Illinois Income Tax Act § 703A, as amended by P.A. 101-10)
Vermont $2,000 No count a third-party payment processor, gig work platform or marketplace pays an individual $2,000 or more 32 V.S.A. § 5862d(b)
Maryland § 6041(a) amount No count reportable payment transactions to a payee that meet or exceed the filing threshold under § 6041(a) of the Internal Revenue Code (no dollar figure in the statute), for a payee required to file a Maryland return or declaration Md. Code, Tax-General § 10-825 (Chapter 538 of 2020, Senate Bill 192)
State figures for copies of Forms 1099 in general, lowest first. The state's wording covers Forms 1099 generally: it doesn't set a separate 1099-K test or say whether a platform must issue a 1099-K the federal test doesn't require, and each state's page says so.
StateFigureThe state's wordingRule
District of Columbia $600 copies of federal Forms 1099 reporting income of $600 or more paid to a DC resident individual in a calendar year Revenue department guidance
New Jersey $1,000 copies of 1099 information returns when the amount paid or credited is $1,000 or more in a calendar year Revenue department guidance
Arkansas $2,500 $2,500 for filing a 1099 with Arkansas when no Arkansas income tax is withheld Revenue department guidance

Federal test, with a copy filed with the state: Alabama, Connecticut, Georgia, Maine, North Carolina and Oregon. No state personal income tax: Alaska, Florida, Nevada, New Hampshire, Tennessee and Washington. No separate state 1099-K requirement, on the state's own pages: Arizona, Iowa, Kansas, Nebraska and Utah. For the other 23, the state pages read for this table say nothing about Form 1099-K either way, so each of those pages says only that.

$600 or $2,000? Virginia, Vermont and Maryland tie their 1099-K test by statute to the Form 1099-MISC limits of IRC § 6041(a), and the IRS Instructions for Forms 1099-MISC and 1099-NEC (reviewed Jul 1, 2026) say that minimum threshold increased to $2,000 for tax years beginning after 2025. Each of those pages sets the IRS change beside the figure the state's own pages give (Maryland's statute names none); ask the state which figure applies to a given payment year.

How to read the table

  • Marketplace facilitator law: the state statute that treats the platform as the seller (or makes it collect) for sales it facilitates once its own sales into the state pass a threshold. Each state page quotes the statute or the revenue department and says what it means for someone who sells only through marketplaces, including the states that still ask such sellers to register.
  • Form 1099-K: the federal test applies everywhere. Some states set a lower threshold of their own for payees tied to the state (by address, residence or state income tax); others ask platforms to send them a copy of the federal form, and a few give a dollar figure for state copies of Forms 1099 in general. The IRS notes that platforms may send a 1099-K for less than the federal threshold, and the Instructions for Form 1099-K say the box 1a gross amount isn't reduced for credits, discounts, fees, refunds or shipping, so the form shows gross payments, not profit.
  • No sales tax: a state with no general sales tax has nothing for a marketplace to collect, but it may tax sellers another way; the state's page says how.

More on the federal rule: Form 1099-K for resellers. Where the selling apps keep their reports: sales reports for taxes.

General information, not tax advice

These pages summarize each state's own published guidance and statutes. They don't say what you should file, register for or pay. Check with a tax professional, or with the state's revenue department.

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