In a recent article, Peter Stathopoulos, Partner in Bennett Thrasher’s State and Local Tax practice, provided insight on Bloomberg BNA’s 16th Annual Survey of State Tax Departments, which clarifies each state’s position on the gray areas of corporate income tax and sales and use tax policies. According to the survey, the desire for revenue has led states to more aggressively assert nexus over out-of-state corporations in both the income tax and sales and use tax arenas. Stathopoulos explains how it’s becoming increasingly popular for states to try to enlarge their tax base. “It’s always easier to raise taxes on nonresidents because they are not voters and they won’t make things difficult, so many states want to shift as much as possible of their tax base to residents,” said Stathopoulos. In order to do that, there must be a very low nexus standard. States are always pushing the boundaries of minimum nexus to subject nonresidents to nexus, which is the trend. The situation is comparable to a speed trap designed to get revenue from nonresidents, which is why it is so important for courts to remember why we have the Commerce Clause in the first place. “States will always have the incentive to try to impose their tax burdens on interstate commerce, and that’s why courts should weigh the intent of the Commerce Clause, which was to prevent that,” said Stathopoulos. For the full article, please click here.
For more information on the Marketplace Fairness Act, please contact Peter Stathopoulos or call 770.396.2200.