Learn how evolving economic nexus rules impact sales, income, and franchise tax obligations--and how to ensure compliance.
In today's increasingly borderless digital economy, state tax authorities are aggressively enforcing economic nexus standards that subject businesses to sales, income, and franchise tax obligations--even in states where they have no physical presence. Whether you're advising a remote seller, managing payroll across jurisdictions, licensing digital goods, or running a service-based enterprise, understanding when and where nexus is triggered is critical to ensuring compliance and avoiding costly audits. This practical, case-informed webinar will walk attendees through the full spectrum of economic nexus rules, from the landmark South Dakota v. Wayfair decision to the evolving standards for service providers, licensors, and e-commerce businesses. Through a structured agenda that aligns with key continuing education questions, participants will learn how to identify nexus risks, apply sourcing rules, understand the protections and limitations of P.L. 86-272, and utilize compliance strategies like voluntary disclosure agreements. Designed for CPAs, attorneys, controllers, CFOs, and tax professionals, this 100-minute session will equip you with the tools to map nexus exposure, respond to multistate obligations, and confidently guide clients or your business in a complex and shifting tax landscape.
Learn Some of Today's Unanswered Nexus Questions
- What, if any, level of physical presence falls short of establishing substantial nexus?
- Is the bright line test a safe harbor or minimum threshold?
- Who has the burden of proof (state or taxpayer)?
- How long does nexus last?
- Different Standard Based on Type of Tax (Sales Tax, Franchise Tax, Gross Receipts Taxes, Income-Based Taxes)?
Get Updates on the Federal Legisaltive Efforts
March 2015 – The Marketplace Fairness Act of 2015 (S. 698) - federal legislation pending that would allow SSUTA members to impose collection requirements on remote vendors as well as nonmember states that conformed to specific requirements only if the remote vendor has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $1 million
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Introduction and Foundational Concepts
- Welcome and Webinar Structure
- What Is Nexus? Why It Matters
- The Significance of South Dakota V. Wayfair
- How Nexus Standards Have Evolved
Economic Nexus for Sales Tax: Thresholds and Triggers
- 200 Transactions and $100,000 Revenue Thresholds
- Marketplace Facilitator Laws and Remote Seller Obligations
- Varying State Economic Nexus Rules
- Common Registration Oversights
Income Tax Nexus and P.L. 86-272 Protections
- Overview of Income/Franchise Tax Nexus
- Protected vs. Unprotected Activities Under Public Law 86-272
- Activities That Go Beyond Solicitation
- Why Service Providers Are Rarely Shielded
Service Sourcing: Market-Based vs. Cost of Performance
- Explaining Service Income Sourcing Rules
- Market-Based Sourcing States vs. Cost of Performance States
- Real-World Example: Illinois vs. New York
- How Sourcing Affects Apportionment and Tax Liability
People and Property: Agents, Contractors, and Remote Workers
- Physical Presence: Employees, Agents, Reps
- Nexus Through Contractors and Telecommuters
- Home Offices, Reimbursed Rent, and Equipment
- In-State Solicitation, Customer Support, and Training
Voluntary Disclosure Agreements (Vdas) and Risk Reduction
- What Are Vdas and Who Should Consider Them
- Benefits: Limit Lookback Periods, Penalty Abatement
- Strategic Use When Entering New Jurisdictions
Digital Goods and E-Commerce Nexus
- Overview of Taxable Digital Goods
- Differences Between Computer Software and Digital Content
- Cloud-Based Services, Saas, and Streaming Platforms
Apportionment and the Throwback Rule
- Introduction to Sales Factor Apportionment
- What Is the Throwback Rule and When It Applies
- States That Aggressively Apply Throwback
- Planning Strategies
Inventory, Fulfillment Centers, and Consignment
- Aligns With Q9
- Inventory Presence Creates Nexus
- Drop Shipping and ThirdParty Logistics
- Amazon FBA, Warehouses, Consignment
- Ownership vs. Possession
Protected vs. Unprotected Activities: Understanding Limits
- Aligns With Q10
- Review of Activities Not Protected Under P.L. 86272
- Installations, Credit Reviews, Repairs, Training, etc.
- Key Compliance Risk Areas Often Overlooked
Q&A and Final Takeaways
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 30, 2025.
Call 1-866-352-9540 for further credit information.
- AIPB 1.5
- This program is acceptable for 1.5 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.6
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
- AR CLE 1.5
- This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- GA CLE 1.5
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- IN CLE 1.7
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.7 hours of Distance Education credit.
- MO CLE 2.0
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 95 Minutes.
- NJ CLE 1.9
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.9 hours of total CLE credit.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NV CLE 1.5
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.5
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- TN CLE 1.58
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.58 hours of credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.5
- This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 2.0
- This program has been approved by the West Virginia State Bar MCLE Commission for 2.0 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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- AK CLE 1.5
- Arizona CLE 1.5
- CA MCLE 1.5
- CT CLE 1.5
- HI CLE 1.5
- MO CLE 2.0
- NM CLE 1.6
- VT CLE 1.5
- WV MCLE 2.0
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Alex Oware, CPA, J.D.
O & G Tax and Accounting Services, LLC
- Founder of O & G Tax and Accounting Services, LLC, providing superior financial counsel to individuals and businesses across the globe
- His specialization encompasses diverse areas such as sales/use tax audits, income tax audits, franchise and income tax nexus reviews, and cross-border taxation
- Certified Acceptance Agent working with U.S. resident and non-resident aliens, other foreign taxpayers, and diverse and global clientele
- Extends his expertise to a wide online audience through online consulting at Justanswer.com, where he has answered nearly 12,000 tax-related queries, cementing his role as a trusted and accessible tax advisor
- As an industry thought leader, his insightful perspectives have found their way to the pages of esteemed publications like The Denver Post, WTOP (Washington’s Top News), U.S News & World Report, Yahoo News, Real Simple Online Magazine, The Wall Street Journal, Bloomberg Businessweek, and Ladders News
- Author of several popular articles on complex tax and accounting subjects such as USA – INDIA F-1 & J-1 Tax Treaty, Foreign-Owned U.S. LLCs, and Amazon Foreign Sellers, US Taxation, and 1099-K Reporting
- J.D. Degree, Purdue Global Law School; M.B.A Degree in accounting and finance, Colorado Heights University; B.S. Degree in accounting and finance, Presbyterian University College of Ghana
- Can be contacted at [email protected]
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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