In the context of sales and use taxes, at least with respect to mail order situations, the Court held that this substantial nexus
standard is not met if the putative taxpayer lacks physical presence in the state.
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Several states have adopted the policy statement as their nexus
standard, and certain other states follow it in practice.
The court found that such de minimis property ownership was insufficient to create nexus
In conjunction with audits, and when cases reach the litigation stage, the Department has demonstrated some willingness to budge from the resident employee requirement and to accept, on a case-by-case basis, claims of nexus
through regular and continuous solicitation by nonresident employees.
Warren Savage, IPextreme CEO, commented, "We're pleased to again partner with Freescale to expand our IP offerings to include the Nexus
Generally, the risk of a state asserting nexus
on an ISC that limits its activities in the state to Internet access and transactions is relatively small.
The court reviewed the twin nexus
requirements: (1) connection between the taxpayer and the taxing state, and (2) connection between the income sought to be taxed and the state.
We received overwhelming positive feedback from the attendees," said Robert Usner, director of Marketing, Product Management and Quality Assurance for Nexus
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Devices Due To Software Bugs
In affirming the Maryland Tax Court, it was determined that the affiliated entities, with no physical presence in the state, do not have unitary or economic nexus