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Economic Nexus Standards in State Taxation

 

Understand emerging trends in this area and why merely having customers in states with new economic nexus statutes could subject you to new business tax liabilities.

Do you or your clients sell online? Then it is imperative that you understand new business tax liabilities in terms of nexus. A state's ability to impose taxes on a multistate business has historically been limited by nexus standards rooted in the U.S. Constitution. In 2018, the U.S. Supreme Court, in South Dakota v. Wayfair, overturned its long standing rule in Quill Corp. v. North Dakota, that nexus, for state use tax collection purposes, requires some form of physical presence in the taxing state. In today's economy, states are continuing to push nexus limits farther than ever before and are now clearly reaching beyond traditional notions of nexus by relying on economic connections to create nexus. Is merely having customers in a state or generating income from a state enough to create tax obligations? Explore the concept of economic nexus and update of recent judicial and legislative developments. Understand emerging trends in this area and why merely having customers in states with new economic nexus statutes could subject you to new business tax liabilities. Learn how to handle nexus inquiries and which states to look out for in terms of nexus planning. This is a must for any business that sells to or generates receipts from customers in states where they otherwise have no other connections.

Agenda

Faculty

John P. Barrie

John P. Barrie

Bryan Cave Leighton Paisner LLP

  • Partner in the Washington and New York offices of Bryan Cave Leighton Paisner LLP
  • Practice focuses solely in the areas of federal and state tax controversy and transactional matters
  • Regularly represents taxpayers before IRS Appeals Offices and the United States Tax Court
  • Transactional practice includes providing tax advice to public and private businesses in taxable and tax-free mergers, acquisitions, reorganizations, spinoffs, divestitures and restructurings
  • Former attorney-advisor, Judge Leon Irwin, United State Tax Court
  • Adjunct professor in the graduate tax program at Georgetown University Law Center, where he has taught courses in reorganizations and corporate tax planning and at New York Law School where he has taught courses in corporate tax planning, s-corporations and tax court litigation
  • Fellow of the American College of Tax Counsel
  • Listed in Best Lawyers of America and Super Lawyers
  • J.D. degree, University of California-Hastings; LL.M. degree in tax, New York University; B.A. degree, University of California-Los Angeles

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