Over the past several decades nexus has been at the forefront of the state and local tax world. Since the Quill ruling in 1992, states have aggressively created ways in which a company can have a sufficient connection to their state. Once the connection, or “nexus,” is made, a state can require a company to charge collect and remit sales tax to it. As the economy has changed more to an online model, states continue to play catchup to get their fair share of the taxes.
Perhaps the most popular issue on a national multi-state tax level is whether a company has nexus with a state if they use the Fulfillment by Amazon (FBA) services. In short, if Amazon houses a company’s inventory in a distribution center, does that inventory create nexus – ie – an obligation for that company to collect and remit taxes to that particular state. That question has been affirmatively answered in most jurisdictions and companies have been blindsided by huge tax obligations often spanning many years.
For those companies that have been living in fear of large tax assessments, a Multi-State Tax Amnesty was recently released by the Multi-State Tax Commission (MTC). Effective August 17, 2017 through October 17, 2017, several states will allowed companies who used FBA programs to come forward and comply. Under the program, if a company complies, the state will forgive back taxes, interest and penalties in exchange for several requirements on a go forward basis. To date, the participating states are: