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Economic Presence Nexus for State and Local Taxes: Emerging Trends in Gross Receipts, Income, Sales and Use Tax

Meeting the Challenges of Developing State Standards

Note: CLE credit is not offered on this program

Recording of a 110-minute CPE webinar with Q&A

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Conducted on Thursday, February 16, 2023

Recorded event now available

or call 1-800-926-7926

This course will provide business tax advisers with thorough and up to date guidance on various states' responses to Wayfair. The panel will discuss specific states' responses to Wayfair, including nexus requirements and reporting thresholds.


Perhaps the most troubling development in state taxation post-Wayfair is keeping up with each state's response to the Supreme Court decision. Each of the 45 states that have a sales and use tax law as well as the District of Columbia have adopted economic nexus laws. In addition, local jurisdictions in Alaska and home rule municipalities in Colorado have adopted economic nexus laws, further adding to the burden of sales tax collection. Taxpayer nexus in a state is now triggered by no more than a sufficient economic or virtual presence in a state.

Economic thresholds and factor presence tests are increasingly common for sales tax, gross receipts taxes, income taxes, and even franchise tax. The standards limit planning options and increase the complexity and likelihood of tax payment and filing requirements across multiple states. A significant number of states use the economic or factor presence tests, with other states imposing a market-based standard as a means of increasing tax revenues.

Listen as our expert panel provides a practical guide to the current state of nexus standards and key nexus developments in state taxation of nonresident corporate taxpayers and remote business activity.



  1. Nexus standards and implications for state and local sales taxes
  2. Nexus standards and implications for income taxes
  3. Nexus standards and implications for gross receipts taxes and franchise taxes
  4. Status of challenges to nexus laws
  5. Other nexus developments impacting remote sellers
  6. Planning strategies to minimize state tax risks based on nexus
  7. Special nexus issues regarding services


The panel will discuss these and other relevant topics:

  • States and localities that have changed or are contemplating changing nexus standards
  • Current status of state nexus initiatives
  • Multistate planning in light of the shift in nexus standards
  • Other key state nexus developments


Eisenstein, Martin
Martin Eisenstein

Managing Partner
Brann & Isaacson

Mr. Eisenstein is one of the nation’s leading experts in state and local taxation of information...  |  Read More

Szal, Jamie
Jamie E. T. Szal

Brann & Isaacson

Ms. Szal focuses her practice on assisting businesses in all aspects of state and local tax controversy, from...  |  Read More

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