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Understanding the Post-Wayfair Tax Landscape
Posted by Tarra Curran on Fri, May 24, 2019 @ 11:43 AM

On June 21, 2018, the U.S. Supreme Court ruled in favor of South Dakota in the widely-watched South Dakota v. Wayfair case. This ruling overturned the long-held precedent of Quill Corp. v. North Dakota, which stood for the proposition that a state could not impose a collection requirement on a retailer unless that retailer had a physical presence in the state.

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Topics: Tarra Curran, economic nexus, Sales Tax, The Massachusetts Department of Revenue, sales and use tax, tax nexus, new england state and local tax, Wayfair, South Dakota vs Wayfair, Rhode Island Department of Revenue

How Wayfair Changed Sales Tax Collection in New England
Posted by Tarra Curran on Thu, Dec 6, 2018 @ 02:55 PM

In June, the Supreme Court ruled that a taxpayer’s economic activity could be used as the standard for whether a taxpayer owes state and local taxes. The decision in Wayfair v. South Dakota opened the door for states to collect sales taxes on remote retailers with substantial in-state activity. Prior to the decision, states followed the physical presence standard to determine whether a taxpayer would be subject to state and local taxes.

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Topics: Tarra Curran, economic nexus, Sales Tax, The Massachusetts Department of Revenue, sales and use tax, tax nexus, new england state and local tax, Wayfair, South Dakota vs Wayfair, Rhode Island Department of Revenue

Wayfair Decision and the Impact on the Sales Tax Collection Process for Portfolio Companies
Posted by Tarra Curran on Fri, Aug 24, 2018 @ 02:34 PM

The Supreme Court recently ruled that a physical presence in a state is not required for a state's sales and use tax requirements. In response to South Dakota vs. Wayfair (Wayfair), states are rapidly updating their policies to collect state sales taxes from companies that conduct business remotely.

Private equity and venture capital firms and their portfolio companies should be aware of the potential impact the Wayfair decision could have on their existing sales and use tax collection, remitting and reporting processes.  

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Topics: Tarra Curran, economic nexus, Sales Tax, sales and use tax, tax nexus, Wayfair, Private equity, South Dakota vs Wayfair, ASC Topic 450, Private Equity & Venture Capital

Online Retailers Reeling as Supreme Court Overturns Quill in Landmark Sales Tax Ruling
Posted by Chrissy Hammond on Fri, Jun 22, 2018 @ 12:42 PM

Fifty years of sales tax policy in the United States is coming to an end. In South Dakota v. Wayfair Inc. (Wayfair), the U.S. Supreme Court on June 21 ruled in a 5-4 decision that the physical presence standard for sales tax collection is no longer the law of the land. Retailers across the nation must prepare for a profound increase in sales tax collection responsibilities as states adapt their laws to this new judicial standard.

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Topics: Sales Tax, nexus, tax nexus, ecommerce, physical presence standard, Wayfair

Massachusetts Passes New Internet Sales Tax Requirements
Posted by Tarra Curran on Wed, Sep 27, 2017 @ 06:26 PM

Massachusetts recently updated its sales and use tax requirements for vendors making online sales. Rules in 830 CMR 64H.1.7 clarifies which out-of-state businesses would be required to register, collect and remit state sales or use tax for their online sales to state residents. The state issued the changes in part to keep up with the changing retail landscape, which increasingly involves online transactions from businesses without brick-and-mortar locations within the state.

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Topics: Tarra Curran, Massachusetts, Taxes, nexus, tax nexus, Out-of-State Taxes

Rhode Island Updates Out-of-State Sales Taxes
Posted by Tarra Curran on Thu, Aug 24, 2017 @ 05:59 PM

On August 3, 2017, Rhode Island passed the Non-Collecting Retailers, Referrers and Retail Sale Facilitators Act, which imposes new nexus requirements on e-commerce with state residents. The act took effect on August 17 and requires businesses that meet the definitions of non-collecting retailers, referrers or retail sale facilitators to collect sales and use tax from Rhode Island customers or meet new notice and reporting requirements.

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Topics: Tarra Curran, Taxes, nexus, tax nexus, Rhode Island, Out-of-State Taxes

Nexus for Hire
Posted by Tarra Curran on Thu, Feb 23, 2017 @ 11:40 AM

Advances in technology have made it feasible for small to midsize businesses to carry on national and even international operations from a remote location. Not surprisingly, these remote businesses typically rely on a wide variety of independent contractors and other third-party service providers to perform services for out-of-state customers. Although the use of independent contractors may be helpful or even necessary from an operational standpoint, it may bring about unwanted nexus issues. A business that uses an independent contractor in a state may create a sales and use tax collection/reporting responsibility in that state.

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Topics: Tarra Curran, nexus, tax nexus, income tax nexus, Contractor

State Income Tax Nexus: No Physical Presence Required
Posted by Tarra Curran on Mon, Jun 13, 2011 @ 02:45 PM

The CBIZ Tofias client base tends to include many medium to large businesses that sell products and services across state lines, and many of these businesses reach their customers through the internet.  Selling over the internet tends to mean that these businesses only establish a "physical presence"[1] in one or two states, even though they may have customers in all 50 states.  Increasingly, our New England offices are fielding calls from clients who are surprised to discover that they are subject to income tax in states where they have "economic nexus" but no physical presence.

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Topics: Tarra Curran, Sales Tax, state and local tax (SALT), corproate nexus, nexus, tax nexus, new england state and local tax

Amazon Laws: The Rise of “Click-thru Nexus” for Sales Tax Collection
Posted by Michael Corrente on Thu, Mar 3, 2011 @ 01:56 PM

When in 2008 New York enacted Tax Law §1101(b)(8)(vi), popularly referred to as the “Amazon law,” some pundits speculated that New York had discovered the Holy Grail of remote taxation.  For the first time, a state attempted to require an internet retailer to collect and remit sales taxes based on the idea of “click-thru nexus.”  As it turns out, the idea is not necessarily a new one, but (relatively) new technology provides a new approach to requiring sales tax compliance.

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Topics: Michael Corrente, tax, IRS, IRS Updates, Amazon Laws, nexus, tax nexus, Click-thru Nexus

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