Wayfair and Nexus: The Aftermath – Part 4

As states continue to issue guidance on their Wayfair rules, we are beginning to see the slight differences among them that will add to the complexity and cost of compliance. In addition, Hawaii is the first state to enact a Wayfair rule for income tax nexus. This article summarizes recent post-Wayfair activity in Wisconsin, California,…

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Wayfair and Nexus: The Aftermath – Part 3

Indiana issued much-needed guidance to address which sales are used to calculate the economic nexus revenue threshold (other states need to as well), and the City of Philadelphia has joined the party with an economic nexus rule for its local income tax. In previous editions of our SALT Newsletter, we wrote about the flurry of…

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Washington Enacts New Economic Nexus Rules for B&O and Sales Taxes

Recent legislation in Washington will expand Business & Occupation Tax nexus to capture more businesses and imposes certain reporting requirements on marketplace facilitators. By Jeff Glickman, SALT Partner On March 14, 2019, Washington Governor Inslee signed into legislation Substitute Senate Bill 5581, which made changes to certain economic nexus provisions under the states Business & Occupation…

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Texas Rules That Online Clothing Retailer Has Physical Presence Nexus

Even after Wayfair, physical presence can still create nexus, and taxpayers that own property that is temporarily located in a state can establish sales tax nexus, as explained in this Texas private letter ruling. By Tina M. Chunn, SALT senior manager Every day, entrepreneurs are finding new ways to provide goods and services to the market…

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Illinois Adopts Regulation on Trade Show Nexus

The Illinois Department of Revenue adopted a new regulation addressing a safe harbor rule with respect to nexus arising from trade show attendance. Trade shows can be an indispensable means for businesses to promote their products and services. However, depending on the states in which trade shows are held, businesses may end up creating nexus…

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Oregon Court Rules That Banks with No Physical Presence Have Corporate Income Tax Nexus

The Oregon Supreme Court ruled that two banks without physical presence still have income tax nexus in Oregon, impacting the computation of the group’s unitary tax liability. By Jess Johannesen, SALT Manager In states that permit or require unitary (combined) income tax filings, the unitary group will compute one combined apportionment percentage based on the factors…

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Wayfair and Sales Tax Nexus: The Aftermath Part 2

Eleven more states will begin enforcement of their economic nexus sales tax rules beginning on Oct. 1, 2018. In our July 2018 SALT Newsletter, we wrote about the flurry of state activity leading up to and immediately following the United States Supreme Court decision in South Dakota v. Wayfair.[1] Guidance continues to be published by…

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Wayfair and Sales Tax Nexus: Let the Aftermath Begin

There has been a flurry of state activity leading up to and following the Wayfair decision, as states begin the process of sorting out when and how they will enforce these new rules. It has been approximately six weeks since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, which we wrote about…

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