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View Full Version : A "substantial nexus" tax?




Krugerrand
06-23-2009, 07:57 AM
I can't say I understand all of what's going on in this case ... but I don't like the sounds of it. If somebody who knows what's going on here could explain it better, I'd appreciate it.

http://news.yahoo.com/s/ap/20090622/ap_on_go_su_co/us_supreme_court_taxing_out_of_state
Mon Jun 22, 12:03 pm ET

The Supreme Court won't stop Massachusetts from taxing out-of-state corporations that work in that state but don't have in-state buildings or employees.

The court refused on Monday to hear an appeal from Capital One Bank and Geoffrey, Inc., a subsidiary of Toys R Us that licenses the company's giraffe logo and other trademarks.

Massachusetts tax officials say both companies make money in-state, and therefore should pay state taxes. The companies say that the Commerce Clause of the Constitution prohibits state officials from taxing out-of-state companies that do not have a physical presence in that state.

States normally are not allowed to tax out-of-state corporations who do not have a physical presence in those states. Massachusetts's top court ruled, however, that it could tax out-of-state corporations if they have a "substantial nexus" in a state.

CapitalOne banks are based out of Virginia, but offers credit cards that are used by people in Massachusetts and uses collection agencies in that state to go after delinquent accounts. Geoffrey, Inc., licenses the use of Toys R Us trademarks for its stores in Massachusetts.

The cases are Geoffrey, Inc., v. Commissioner of Revenue, 08-1207 and CapitalOne Bank v. Commissioner of Revenue, 08-1169.

DapperDan
06-23-2009, 09:58 AM
"substantial nexus" is the activity connected with the state, and depending on the states ruling...sometimes nexus doesn't have to include a physical presence.

http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1988

maybe that link will shed some light too

mczerone
06-23-2009, 10:03 AM
It opens up any website to be liable for paying each of the 50 different State taxes if they do any more than a few isolated sales to a state.

It basically reaffirms States as the petty thieves they are.

Krugerrand
06-23-2009, 10:28 AM
"substantial nexus" is the activity connected with the state, and depending on the states ruling...sometimes nexus doesn't have to include a physical presence.

http://www.ibls.com/internet_law_news_portal_view.aspx?s=latestnews&id=1988

maybe that link will shed some light too

Great link. Thanks! I tried to find a news story that explained more, but they were pretty much all the same wire feed.

Would that mean a site like Yahoo would have to pay tax to Mass. since they would get money from people in that state looking at advertisements?