Show navigation

Available in:

OnDemand Course
MP3 Download

Nexus: The Costs of Noncompliance

Learn the risks and costs associated with nexus noncompliance.

A threshold issue for any corporation operating in more than one state is determining the states in which it must file returns and pay taxes. A state has jurisdiction to tax a corporation organized in another state only if the out-of-state corporation's contacts with the state are sufficient to create nexus. In National Bellas Hess, Inc. v. Department of Revenue [386 U.S. 753 (1967)], the Supreme Court established the principle that an in-state physical presence is an essential prerequisite to constitutional nexus, at least for sales tax purpose. In Quill Corp. v. North Dakota [504 U.S. 298 (1992)], the Supreme Court reaffirmed the physical presence requirement. In the years following the Supreme Court's decision in Quill, the precise meaning of constitutional nexus in the income tax arena remained a grey area of the law, and numerous states enacted statutes establishing an economic nexus standard for income taxes. Given the dramatic growth of e-commerce during the decades since the Supreme Court's 1992 decision in Quill, it was only a matter of time before the physical presence test for substantial nexus succumbed to the realities of the modern marketplace. In South Dakota v. Wayfair, Inc. [585 U.S. (2018)], the Supreme Court overturned its precedent in Quill and ruled that a state can require an out-of-state seller to collect sales taxes on sales to in-state customers even if that seller does not have a physical presence in the state. The Supreme Court's repudiation in Wayfair of the prior physical presence standard opens the door for the states to more aggressively use the concept of economic nexus to tax the income of out-of-state corporations.

Runtime: 97 minutes
Purchase Options

More Program Information

Why Lorman?

Over 33 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

Learn the Difference Between Nexus for:

  • Net Income Tax States (Public Law 86-272 Is It Still Alive and Well)
  • Non-Net Income Tax States
  • Factor-Based Nexus Standards
  • Economic-Based Nexus Standards

South Dakota v. Wayfair Case

  • How or Will This Decision Affect More Than Just Sales Tax Nexus?
  • What Does Economic Nexus Mean? Does Physical Presence Still Matter?
  • Do We Need to Begin Filing in the 45 States That Have a Sales Taxing System?
  • Does This Case Relate to Internet Sellers Only?

The Cost of Not Being in Compliance: What Can a Business Owner Do?

State Voluntary Disclosure Programs

  • What Is a State Voluntary Disclosure Program?
  • The Benefits of Voluntary Disclosure
  • The Mechanics of Voluntary Disclosure
Purchase Options

More Program Information

Why Lorman?

Over 33 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

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on July 21, 2020.

Call 1-866-352-9540 for further credit information.

  • 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 Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • 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: 1.0 CLE credit(s).
     
  • 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.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • NH MCLE 1.6
     
  • 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: 97 Minutes.
     
  • NJ CLE 2.0
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • 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.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE 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 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 2.0
     
  • This program qualifies for 2.0 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.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • NJ CLE 2.0
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WV MCLE 2.0
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 33 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

Inez M. Mello, M.B.A.

Inez M. Mello, M.B.A.

Independent Contractor

  • Director, state and local taxes for Stowe & Degon LLC
  • Over 35 years of state and local tax experience; a seasoned tax professional, her areas of expertise include all facets of multistate and local tax planning and compliance
  • Wide breadth of state and local tax knowledge is reflected in the numerous seminars and education symposiums that she leads for associations including The Boston Tax Institute, Lorman Education Services and the Massachusetts Society of CPA’s
  • Chair of the Massachusetts Society of CPA’s State Taxation Committee and has served on CCH’s National State Tax Advisory Board and the Governing Board of the Streamlined Sales Tax Project
  • Has continued her scholastic pursuits, serving as an adjunct professor for Bryant University; she is Bryant University’s graduate multistate tax professor and received the 2016 and 2019 Graduate School of Business Award for Outstanding MST Faculty
  • Extremely well-known throughout the business community and was recognized by the U.S. Small Business Administration as the Rhode Island Women in Business Champion of the Year in 2007
  • Prior to becoming a multistate tax consultant, she has served in various director roles for several CPA firms throughout New England; in this capacity, she helped establish and grow their state and local tax practices as well as oversaw all multistate and local tax issues
  • Professional affiliations include chair of the Massachusetts Society of CPA’s State Taxation Committee; Institute of Managerial Accountants – Providence, RI Chapter past president; Rhode Island Accounting Association of Professors (RIAAP)
  • M.B.A. degree in taxation and B.S. degree in accounting, Bryant University
Purchase Options

More Program Information

Why Lorman?

Over 33 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.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 407455
Published 2020
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!