Few areas of state and local taxation create as much confusion as gross receipts taxes. These taxes, imposed by a handful of state and local jurisdictions, can catch even well-run companies off guard.
Unlike income-based taxes, gross receipts taxes apply to a business’s total revenue with few or no deductions. That structure can lead to unexpectedly high liabilities, particularly for companies with thin margins, complex revenue streams or multistate operations.
Although these taxes have existed for decades, taxing authorities have a renewed interest in them as states look for stable (and sometimes new) revenue sources. As a result, middle market companies should increase their diligence when evaluating whether their business activities are creating filing obligations or tax exposure in states they may not have previously considered.
This overview explains what gross receipts taxes are, why they matter and how companies can navigate them more effectively.
How gross receipts taxes work
Only a handful of states, including Delaware, Ohio, Oregon, Tennessee, Texas, Nevada and Washington, impose gross receipts taxes at the state level. Many local jurisdictions in states such as Pennsylvania and Virginia apply similar business‑activity taxes. These range from general gross receipts taxes to industry-specific taxes.
While each jurisdiction structures the tax differently, the key unifying feature is simplicity of the base: gross revenue.
Unlike income taxes, gross receipts taxes generally do not allow deductions for the cost of goods sold, compensation or other operating expenses. That means even businesses operating at a loss may still owe tax.
Some states apply a single rate across all business activities, while others differentiate by industry or revenue classification.
Washington’s business and occupation tax, for example, applies different rates depending on business activity, such as manufacturing, retailing or services. Texas allows a choice of calculating liability based on total revenue minus either the cost of goods sold or compensation—which introduces planning opportunities, but also complexity.
Even these broad distinctions illustrate why businesses often underestimate their obligations. A company may understand how its income tax footprint works, but may not realize that gross receipts taxes follow independent nexus rules, activity classifications and thresholds.
Finally, some states impose a gross receipts tax in lieu of a traditional sales tax. These “quasi” gross receipts taxes often share characteristics with sales taxes, such as a higher rate, sales tax-like exemptions and compliance obligations. Quasi gross receipts states include Hawaii, New Mexico and West Virginia. These states are not the focus of this article, but may share the considerations discussed.
Why gross receipts taxes are easy to overlook
Gross receipts taxes tend not to command as much attention as sales taxes or income taxes. But they can create substantial obligations, especially for businesses expanding into new states, offering digital services or entering new markets through acquisitions.