Sales Tax vs. Use Tax: What Businesses Need to Know

When it comes to state taxes, many businesses are familiar with sales tax but often overlook use tax. While the two are closely related, misunderstanding the difference can lead to unexpected compliance issues and possibly penalties and audits. Understanding how each tax works is essential for businesses that buy, sell, or use taxable goods and services.

What Is Sales Tax?

Sales tax is a tax imposed on the sale of taxable goods and services. It is typically collected by the seller at the point of sale and remitted to the state or local taxing authority.

For example, when a retailer sells office furniture to a customer in California, the retailer charges sales tax on the transaction and sends that tax to the state.

Key Features of Sales Tax

  • Collected by the seller
  • Paid by the customer
  • Applied at the time of purchase
  • Commonly charged on retail sales of tangible personal property

Businesses that make taxable sales are generally required to:

  • Register for a sales tax permit
  • Collect the correct amount of tax
  • File sales tax returns
  • Remit collected taxes on time
Customer paying with a credit card at a retail checkout counter where sales tax is collected at the point of sale

What Is Use Tax?

Use tax complements sales tax. It applies when sales tax was not collected on a taxable purchase, but the item is still used, stored, or consumed in a state where tax is due.

In simple terms, if you purchase a taxable item without paying sales tax, you may owe use tax directly to the state. This is why proactive tax compliance planning matters for every business.

Business owner reviewing an out-of-state vendor invoice on a laptop that may trigger a use tax obligation

Common Use Tax Scenarios

Businesses often trigger use tax obligations when they:

  • Purchase equipment online from an out-of-state vendor
  • Buy items from sellers who do not collect sales tax
  • Withdraw inventory for internal business use
  • Purchase software, supplies, or furniture tax-free for use in their home state

For example, if a California business purchases machinery from an Oregon supplier that does not charge California sales tax, the California business may owe California use tax on that purchase. For a broader overview, you can also refer to the IRS guidance on sales and use tax for businesses.

The Main Difference Between Sales Tax and Use Tax

The primary distinction comes down to who remits the tax.

Sales TaxUse Tax
Collected by the sellerSelf-assessed by the buyer
Charged at the point of salePaid after purchase if tax was not collected
Common in retail transactionsCommon in out-of-state or untaxed purchases
Seller remits to the stateBuyer remits directly to the state

Why Use Tax Is Often Overlooked

Many businesses mistakenly assume that if a vendor does not charge sales tax, no tax is due. However, states are increasingly enforcing use tax compliance, especially as interstate e-commerce continues to grow.

State tax agencies routinely identify unpaid use tax during audits by reviewing:

  • Fixed asset purchases
  • Vendor invoices
  • Expense accounts
  • Accounts payable records

Failure to report use tax can result in interest charges, penalties, and increased audit exposure.

  • Interest charges
  • Penalties
  • Additional audit exposure

Staying Compliant

To reduce risk, businesses should implement processes to identify untaxed purchases and properly accrue use tax at the time of purchase.

Best Practices Include:

  • Reviewing vendor invoices regularly
  • Tracking out-of-state purchases
  • Training accounting staff on use tax rules
  • Automating tax calculations when possible
  • Performing periodic sales and use tax reviews
Accountant reviewing vendor invoices and a tax compliance checklist at an office desk to manage sales and use tax obligations

Businesses operating in multiple states should also monitor nexus rules and changing tax laws, as requirements vary by jurisdiction. Learn more about staying ahead of regulations as a contractor.

Sales tax and use tax are two sides of the same coin. While sales tax is collected by sellers during a transaction, use tax ensures states still receive tax revenue when sales tax is not charged.

For businesses, understanding both taxes is critical to avoiding potential, and sometimes costly compliance issues. A proactive approach to sales and use tax management can help minimize audit risk and encourage accurate reporting.

If you need assistance with sales and use tax compliance, we are happy to help you navigate complex state requirements and stay ahead of changing regulations.

~ the addtech crew

*The information provided in this blog post is for general informational purposes only and does not constitute accounting, tax, financial, or legal advice. It is not intended as a substitute for professional consultation tailored to your specific circumstances.*

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at adding technology, we know you want to focus on what you do best as a contractor. in order to do that, you need a proactive back office crew who has financial expertise in your industry.

the problem is that managing and understanding key financial compliance details for your business is a distraction when you want to spend your time focused on building your business (and our collective future).
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Ready to run your business with the same
confidence you have on the job site?

At adding technology, we know you want to focus on what you do best as a contractor. In order to do that, you need a proactive back office crew who has financial expertise in your industry.

The problem is that managing and understanding key financial compliance details for your business is a distraction when you want to spend your time focused on building your business (and our collective future).

We understand that there is an art to what contractors do, and financial worries can disrupt the creative process and quality of work. We know that many contractors struggle with messy books, lack of realtime financial visibility, and the stress of compliance issues. These challenges can lead to frustration, overwhelm, and fear that distracts from their core business.

That's where we come in. We're not just accountants; we're part of your crew. We renovate your books, implement cutting-edge technology, and provide you with the real-time job costing and financial insights you need to make informed decisions. Our services are designed to give you peace of mind, allowing you to focus on what you do best - creating and building.

Here’s how we do it:

  1. Schedule a conversation. Let’s break ground on your financial renovation.
  2. We work through an assessment together that leads to a plan based on your specific needs. Then, we execute, and you have the opportunity to evaluate us on progress from day 1.
  3. Enjoy the freedom to build our future!

Schedule a conversation today, and in the meantime, download the Contractor’s Blueprint for Financial Success: A Step by-Step Guide to Maximizing Profits in Construction.” So you can stop worrying about accounting, technology, and compliance details and be free to hammer out success in the field.