Hey Mary!
Happy to try to answer this a bit further. A lot of this is pasted from a comment I wrote below, but I think it should answer your questions. My TLDR is that I don’t think it’s an issue with Shop Pay, rather, it is the Shop App. If you take a look at it, it will allow you to search ALL Shopify stores that have opted in to allowing their products to be searched via the Shop App. Shopify will automatically opt you in if your store and products meet all the requirements. To be honest, this sounds like a good thing to me once we come to an understanding of how marketplace facilitators work. The Shop App isn’t meant for people that would come directly to your store otherwise. Rather, it is a place similar to Amazon where you can search for a specific product and then Shopify will surface your product and store for them to view and buy. If they buy it via this channel, Shopify will charge the proper tax and report/remit it to the state for you.
If anyone comes to your site specifically, the tax will behave like normal and tax will only be applied if you are shipping to a state in which you have nexus.
Here’s what I wrote below - let me know if you have any questions!
I totally get your frustration—this change has been confusing for a lot of folks. I’ll take a shot at explaining it since there’s a lot of questions around this in this thread. Feel free to ask if anything’s unclear or you’ve got questions.
The Shop App is now acting as a marketplace facilitator. That means Shopify is automatically calculating, collecting, and remitting sales tax on orders processed through the Shop App, even if you don’t have nexus in the state where the customer is located. The reason states are opting for these laws is to try to take the burden of sales tax off of individual merchants plates, like yourself. It’s also a lot easier for the states to work with one company to get tax information rather than hundreds of thousands. Theoretically, this is a move to take weight off of your shoulders, but I get how it might feel like they’re overstepping—especially if you’ve already got your sales tax setup figured out.
Marketplace facilitator laws in many states require platforms like Shopify, Amazon, Walmart, Etsy, eBay, to take on the responsibility for sales tax in certain situations.
The good news for you is that your products are automatically searchable in the Shop App by default (if they’re eligible). The idea is to get your products in front of more potential customers. When someone buys through the Shop App, Shopify handles the sales tax as part of their marketplace facilitator responsibilities.
I want to point out that this is different from Shop Pay. To my knowledge, nothing has changed with Shop Pay itself, just the Shop app.
If someone comes directly to your store and checks out using Shop Pay, your store’s tax calculations will rely on whatever tax service you’re using—probably Shopify Tax.
So, if Shopify started charging sales tax in states where you don’t have nexus for direct purchases on your store, that wouldn’t be correct. But in this case, they’re only charging tax for purchases made via the Shop App, which is now operating more like a marketplace (similar to Amazon, Etsy, or Walmart).
If you’re unsure about how this applies to your store specifically, it’s worth reaching out to Shopify support and asking them to explain it more clearly. I’m happy to help look into it with you, but they probably could do it with more efficiency.
If this change doesn’t work for your business right now, you might want to look at deactivating your visibility in the Shop App instead of turning off Shop Pay altogether.
I believe you can do that by:
- From your Shopify admin, go to Sales channels > Shop.
- Click Settings.
- Under the Shopping section, deactivate Discovery.
My thought is that this might reduce extra traffic coming to your store. The Shop App is more about helping customers discover specific products rather than specific stores, so it could be driving additional sales for you. That said, if it’s causing more headaches than it’s worth, turning off visibility could be the way to go.
Let me know if you need help figuring this out or want me to take a closer look—I’m happy to help!