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State Tax Guidance on Remote Sellers Post-Wayfair: State Law on Economic Nexus, Compliance Challenges

Avoiding Liability for Unpaid Taxes and Penalties; State Sales Tax Requirements, Limitations and More

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

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Conducted on Tuesday, December 11, 2018

Recorded event now available

or call 1-800-926-7926

This course will provide tax professionals and advisers guidance on recent state regulatory developments on economic nexus post-Wayfair. The panel will discuss new state regulations affecting remote sellers, tax compliance challenges, and mechanisms to avoid unintended tax consequences for small and mid-size companies.


The U.S. Supreme Court’s decision in Wayfair v. South Dakota, overturning Quill v. North Dakota, instantly changed the landscape of nexus and state taxation for remote sellers and other companies that carry on an interstate business. Under certain circumstances, states may now require a remote seller of taxable goods and services to collect and remit sales tax despite the seller’s lack of a physical presence in the state, forcing tax professionals and advisers to acquire updates on recent state laws and state tax agency announcements, analyze those updates against the background of the new constitutional test and develop tax planning methods to avoid unintended tax liability for taxpayers.

In eliminating the physical presence rule, but not establishing a specific standard for substantial nexus, the Court explained that existing Commerce Clause doctrine would apply to address taxpayer concerns regarding any undue burdens created by state tax laws. The Court did not address the issue of retroactivity and other related challenges but permitted states to enforce existing laws and adopt new economic nexus provisions with varying thresholds to leverage additional tax revenue, provided there is not an undue burden on interstate commerce. The majority of states (but not the largest states of California, Florida, New York and Texas) have already passed and are implementing economic nexus provisions as a result of the Wayfair decision to collect sales tax on sales of taxable products and services delivered to customers in that state.

The ruling affects all sellers of taxable goods and services who make sales into a state where they lack physical presence. Tax professionals and advisers must be aware of myriad challenges facing multistate businesses and monitor client sales activities by state to determine whether they have sales tax nexus and identify available methods to minimize state tax liability. There is also a possible spillover effect of the decision on other state taxes.

Listen as our panel discusses recent state laws and on economic nexus for collection of sales tax, the impact on other state taxes, methods of addressing state tax compliance challenges, and offers vital tax planning considerations for remote sellers of taxable goods and services.



  1. Detailed analysis of South Dakota’s economic nexus law
  2. The impact of Wayfair on multistate tax planning and reporting
  3. Recent state adoption and enforcement of economic nexus and collection of sales tax
  4. Principal considerations and planning strategies to minimize state tax risks


The panel will discuss these and other priority issues:

  • The impact of Wayfair decision on state sales tax regulations and key takeaways for tax professionals
  • Recent state legislation and individual state remote seller requirements
  • The Wayfair decision’s implications for other state taxes, including gross receipts taxes and income taxes
  • Monitoring sales activities of remote sellers to avoid or minimize unintended tax liability
  • Key considerations and planning strategies to minimize state tax risks


Dillon, Michael
Michael T. (Mike) Dillon

Dillon Tax Consulting

Mr. Dillon is an attorney and founder specializing in multistate sales and use tax matters for multistate and...  |  Read More

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

Schaefer, Matthew
Matthew P. Schaefer

State and Local Tax Partner
Brann & Isaacson

Mr. Schaefer regularly advises clients on state sales and use tax issues, including those involving direct mail...  |  Read More

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