Marketplace facilitator rules — what should I check first?

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Answer

Facilitator rules move the collection duty to the platform for platform sales, leaving direct sales with the seller. One question decides whether this is a filing or a project.

What to check first

Facilitator rules move the collection duty to the platform for platform sales, leaving direct sales with the seller. Reconciling platform-collected amounts to the seller's own returns is the recurring compliance task.

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When it does not bind you

Where a marketplace collects the tax, the seller's obligation changes but rarely disappears: registration, reporting or documentation duties often survive the shift.

How to get this moving

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Marketplace facilitator rules. Ask before the move rather than after it, because most of the useful options expire on the date.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, International Tax, Cross-Border Tax & Transfer Pricing Expert, Legal Quotient Consultants. General guidance only. Your own facts decide the answer, so bring them to a call before relying on this.

What these engagements turn on

Case study 1

A monthly reconciliation built between settlement reports and filed returns

A seller filed its returns from its own sales ledger and kept the platform tax reports in a folder nobody opened, so the two had never been tied together. We worked out where the figures part company — refunds landing in a later period, fees netted from settlement, orders attributed to a different location than the invoice — and built a schedule that runs from gross sales to the platform-collected amount to the figure on the return. The engagement produced that schedule as a monthly routine with a named owner, and a first reconciliation covering the periods already filed.

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Case study 2

Deregistering on the strength of platform collection and having to undo it

A seller cancelled several registrations once the platforms began collecting, on the view that nothing was left for it to do. Its own store kept taking orders into those same places throughout. Direct sales sit outside the facilitator rule, so the duty on them had stayed with the seller and had gone unmet since the cancellations. We fixed the dates, quantified the direct-channel period, re-registered, and separated the channels in the sales system. The engagement produced restored registrations with documented start dates and an unambiguous record of which sales the platform accounts for and which the seller does.

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Case study 3

Separating platform and direct orders inside one accounting system

Every order in this seller ledger looked the same whatever channel it came from, so each return and each threshold test began with a manual sort that rarely reconciled. We designed the channel coding, applied it at the point orders import, and rebuilt the earlier periods so the history sits on the same basis as the future. Tax fields were added where the platform collection had to be recorded. The engagement produced returns that can be prepared from a report rather than assembled by hand, and threshold monitoring that can tell total sales from direct ones.

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Case study 4

An examination asking why taxable sales sat below gross receipts

A state compared the sales figure on this seller returns with the revenue on its other filings and asked for an explanation of the gap. The answer was the facilitator rule, but the seller had no working papers to show it. We assembled the reconciliation for each period under examination, tying gross sales to platform-collected amounts with the platform own reports as support, and set out the treatment applied. The engagement produced a documented answer to the query, and a standing practice of keeping the reconciliation with the return rather than reconstructing it when somebody asks.

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Case study 5

Mapping where a platform collected and where it did not

A seller assumed its platform collected everywhere it sold, and had built no process around the places where it did not. Coverage is not uniform, and a handful of destinations were being invoiced with no tax by anyone. We took the platform own coverage position destination by destination, set it against the seller sales, and identified the gaps. The engagement produced a list of destinations where the duty remained the seller own, registrations where an obligation had already begun, and a standing check tied to the platform changing its coverage rather than to the seller year end.

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Case study 6

Refunds credited by the seller on tax the platform had held

This seller handled goodwill credits itself, including the tax element, on orders where the platform had collected and remitted that tax in the first place. Over time it was refunding amounts it had never held and had no route to recover. We separated credits by channel, established what the platform own process allows for returned platform orders, and rewrote the credit note procedure accordingly. The engagement produced a corrected treatment going forward, a quantification of the period already handled the old way, and a clear division of who adjusts what.

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Case study 7

Unreported Foreign Income Disclosed Before the CRA Asked

A voluntary disclosure has to be genuinely voluntary — once a letter arrives, the route usually closes. The engagement establishes whether the programme is still available, prepares the years, and puts the relief request in with the filing rather than after it.

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Case study 8

An Assignment Priced on an Equalisation Promise

A policy that leaves the assignee no better or worse off has to be computed, not just stated, and the hypothetical deduction runs alongside the real one. The engagement builds both and reconciles them at year end.

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All case studies — every published engagement in one place.

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Questions that come up on Marketplace facilitator rules

If the marketplace collects the tax, do I still register?

Often yes. A facilitator rule moves the duty to collect on platform sales to the platform; it does not generally erase the seller from the picture. Registration, return-filing or documentation duties frequently survive the shift, and they survive it state by state rather than as one answer everywhere. There is also usually a second channel: sales made direct, through the seller own store or by invoice, where nobody else is collecting anything. The useful way to hold this is that the platform has taken over one part of one obligation. What is left belongs to the seller, and what is left differs between the places you sell into.

Do I have to file a return for sales the platform taxed?

In many places you do, and the return is not empty. It typically has to show the gross sales figure and then remove the part on which the platform collected, so the taxable line reconciles to what you actually remitted. That is why a facilitator rule does not remove the compliance work so much as change its shape. Sellers who stop filing on the assumption that no liability means no obligation accumulate missed returns, and missed returns are noticed independently of whether any tax was due. Check, for each place you are registered, what has to be reported rather than what has to be remitted.

How do I reconcile platform collected tax to my own books?

Treat it as a recurring monthly reconciliation rather than a year-end exercise. The inputs are the platform settlement or tax reports, your own sales ledger, and the returns you file. The items that cause the differences are predictable: refunds and returns processed in a later period than the sale, orders shipped from a different place than they were invoiced from, currency conversion, and fees netted off settlement. Agree how each of those is handled and write it down, so the same treatment is applied every period. What you want at the end is a schedule tying gross sales to the platform-collected amount and to the figure on your return.

Do my marketplace sales count towards my own thresholds?

That is a state-by-state question and one worth settling early, because it decides whether your direct sales alone put you over. Some places include everything you sold into them, whoever collected the tax; others leave out sales where the platform took the duty on. The answer changes the size of the figure you are testing, sometimes dramatically for a seller whose volume sits mostly on a platform. So the monitoring has to hold two figures per place — total sales and direct sales — and apply whichever the local rule asks for. One combined number cannot answer both versions of the test.

I sell on a platform and from my own website, what changes?

The split is the whole issue. Platform orders sit under the facilitator rule and the platform collects; orders taken on your own site are ordinary sales and the duty is yours, which means registration where you have an obligation and collection at the right rate. Two channels, two treatments, one set of accounts. The practical requirement is that the accounting system can tell the two apart at transaction level, because every return, every reconciliation and every threshold test depends on that division. Where it cannot, the figures have to be rebuilt by hand each period, and that is where the errors get in.

The platform tax report does not match my sales figures, why?

Usually because the two are measuring different things rather than because either is wrong. Settlement reports are built around when money moved and your ledger around when the sale was made, and the two part company over refunds, cancelled orders, replacement shipments and anything straddling a period end. Fees deducted before settlement narrow the figure further, and orders fulfilled from a different location can be attributed elsewhere. Work through the categories one at a time and quantify each, rather than looking for a single explanation for the whole difference. Once the categories are known the reconciliation becomes a short routine and the gap stops being alarming.

Is the sale of foreign property taxable where I live?

For a resident, yes — worldwide gains are taxable, and the gain is computed in your own currency, so the exchange rate at purchase and at sale changes the number even when the local-currency price did not move. The country where the property sits usually taxes it too, often with a withholding or clearance step before closing, and that tax becomes a credit. A principal residence relief may apply to a home abroad on the same terms as one at home. See principal residence and foreign property.

What is a permanent establishment, and how easily do we create one?

A taxable presence in another country under the treaty — typically a fixed place of business such as an office, branch, factory or workshop, or a dependent agent habitually concluding contracts on your behalf. Some treaties add a services test measured in days. Purely preparatory or auxiliary activity is excluded, but that carve-out is narrower than it sounds: one senior employee working from home in the other country, with authority, has been enough. See business profits and permanent establishment.

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