Measure your organization’s exposure.
The U.S. Supreme Court test of validity for any particular tax is the same test that was established under Complete Auto Transit v. Brady. This is the test that was reviewed in the Wayfair case and the first prong of the test, the substantial nexus requirement, is the one that was the focus of that case. The substantial nexus requirement basically requires that the transaction being taxed has substantial nexus with the taxing authority seeking to impose the tax. This video reviews the nexus requirement and how to evaluate if your organization has nexus in another state; and takes a look at state tax voluntary disclosure and amnesty programs.
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