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Economic Nexus Standards in State Taxation - Webinar (ONLINE EVENT: May 30, 2025)

  • Webinar

  • 100 Minutes
  • 30 May 2025 13:00 EST
  • Lorman Business Center, Inc.
  • ID: 6060938

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.

Learning Objectives

  • You will be able to define key concepts such as economic nexus, physical presence nexus, and affiliate nexus, and explain how these impact state tax obligations.
  • You will be able to discuss and apply state-specific sales tax thresholds and marketplace facilitator laws to determine registration and filing requirements for remote sellers.
  • You will be able to describe the difference between market-based and cost-of-performance sourcing methods for income tax apportionment and service revenue attribution.
  • You will be able to identify business activities that fall outside the protections of P.L. 86-272, including installations, repairs, and technical services.

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 Third-Party 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. 86-272
  • Installations, Credit Reviews, Repairs, Training, etc.
  • Key Compliance Risk Areas Often Overlooked
Q&A and Final Takeaways

Speaker(s)

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

Who Should Attend

This live webinar is designed for accountants, CPAs, controllers, attorneys, CFOs, tax managers, finance directors, accounts payable professionals, bookkeepers, and tax preparers.