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New York Sales Tax Rate, Rules & Filing (2026)

New York's 4% state rate reaches 8.875% in New York City, where NYC sales tax adds local and MCTD taxes. Its nexus rule is unusual — it takes both $500,000 in sales and 100+ transactions.

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Key Takeaways

New York's state sales tax rate is 4%, plus local and Metropolitan Commuter Transportation District taxes that bring the combined rate to 8.875% in New York City [1]. You have economic nexus only when you exceed both $500,000 in receipts and more than 100 sales delivered into New York over the preceding four sales-tax quarters, an "and" test [2]. Prewritten software including SaaS is taxable, while digital products such as e-books are not; clothing and footwear under $110 per item are exempt from the state rate and food for home consumption is exempt [3][4][5]. Protest a notice within 90 days through the Division of Tax Appeals [7].

What is taxable in New York?

SaaS

Taxable

Clothing

Partial

Groceries

Exempt

Digital Goods

Exempt

What are the sales tax rates in New York?

New York's state sales tax rate is 4%, but county and city taxes plus the Metropolitan Commuter Transportation District (MCTD) surcharge push combined rates to 8.875% in New York City. Most of the state lands between 7% and 8.875%.

Component

Rate

Scope

State

4.00%

Statewide

Local (county/city)

up to ~4.875%

Varies by location

MCTD surcharge

0.375%

NYC + commuter counties

Combined

7.00%–8.875%

Varies by location

New York is destination-based — apply the rate where the buyer takes delivery. To find the combined rate for a specific address, use our US sales tax calculator.

What is the sales tax in New York City?

New York City's combined sales tax rate is 8.875%: New York State's 4%, the city's 4.5% and the 0.375% Metropolitan Commuter Transportation District (MCTD) surcharge [1]. The rate is the same in all five boroughs, which are also the city's five counties: Manhattan (New York County), Brooklyn (Kings), Queens, the Bronx and Staten Island (Richmond). Sales delivered anywhere in the city are reported under one jurisdiction code, 8081, in Publication 718.

Component

Rate

New York State

4%

New York City

4.5%

MCTD surcharge

0.375%

Combined, all five boroughs

8.875%

For rates by ZIP code, see the New York City sales tax rate of 8.875% page.

What is the sales tax registration and nexus threshold in New York?

New York has economic nexus only when you exceed both $500,000 in receipts from sales of tangible personal property delivered into the state and more than 100 sales transactions, measured over the preceding four sales-tax quarters. Because New York uses an "and" test, crossing just one threshold does not create nexus. Physical presence creates nexus immediately.

What is the marketplace facilitator law in New York?

New York has required a marketplace provider without physical presence in the state to register and collect state and local sales tax once, in the preceding four sales-tax quarters, it made or facilitated more than $500,000 of tangible personal property sales delivered in New York and more than 100 such sales — a threshold that replaced a prior $300,000 figure retroactive to 1 June 2019. A registered provider must collect tax on taxable facilitated sales delivered to a New York address regardless of whether the marketplace seller itself would otherwise have to register. A marketplace seller that receives the provider's Form ST-150, Marketplace Provider Certificate of Collection (or is covered by an equivalent public agreement), is relieved of collecting sales tax on those facilitated sales and reports them as nontaxable.[9]

What are the sales tax filing frequencies and deadlines in New York?

New York assigns annual, quarterly, or part-quarterly (monthly) filing based on taxable receipts. Most businesses file quarterly. Returns are due 20 days after the end of the reporting period, so the quarter ending May 31 is due June 20. High-volume vendors remit through PrompTax on an accelerated schedule.

What is exempt from sales tax in New York?

New York exempts most food for home consumption, prescription and over-the-counter medicines, and many medical devices. Clothing and footwear under $110 per item are exempt from the state's 4% tax, and some localities exempt them too. Prewritten software, including most SaaS, is taxable in New York.

How do resale and exemption certificates work in New York?

New York buyers with a valid Certificate of Authority give the seller Form ST-120 (Resale Certificate) to buy goods or services for resale without tax, within 90 days of the purchase [6]. It has no fixed expiration and stays valid while the buyer's registration remains active [6].

For the official form, multistate certificate rules and expiry, see the New York resale certificate guide.

What are the sales tax penalties in New York?

Late filing or payment penalties start at 10% of the tax due for the first month and rise with time, with a $50 minimum even on a zero return. Interest accrues separately from the due date until the balance is paid.

How do sales tax audits and appeals work in New York?

You can protest a Notice of Determination within 90 days by petitioning the Division of Tax Appeals or requesting a BCMS conciliation conference [7]. After a conciliation order, you have another 90 days to petition the Division of Tax Appeals [7].

Frequently Asked Questions

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