NEXUS can simply be defined as a certain minimum connection or presence which must exist before a state can impose a tax on an out-of-state business.
You may have a tax filing requirement in that state if you have:
- workers in another state than where your business is located
- physical or virtual property in another state
- warehouses
- inventory
Once nexus has been established with a state, a company is subject to the state's tax liabilities and reporting requirements. Let's take a look at a few examples where a business could have a nexus out-of-state filing requirement.
Example 1:
Mary Jones has an Etsy store, Mean Mugging, Inc., where she sells custom and personalized tumblers (think travel mugs). She is located in Rhode Island but sells all over the United States, particularly to New Jersey - those Jersey mom's really love her! So much that she sold 4,000 tumblers last year and has gross revenues of $100,000 just in New Jersey alone. Because of this, Mary has a sales tax requirement to New Jersey even though her business is in Rhode Island.
Example 2:
Jane Smith runs an online IT Support company, Clouding with Jane, with employees all over the US. People can call 800-TECH-ME2 and be connected to an IT specialist to help them with their computer challenges like connecting a printer, app development, CRM integrations, and monitoring warehouse cameras with an app. Business is so great that Jane had to hire 400 new tech specialists who will work remotely within the United States just to keep up with her clientele now working remotely. Majority of her staff are in California, New Mexico, Illinois, and New York (within the 4 Time Zones to capture more clients at any time of the day). Jane has a nexus requirement to California, New Mexico, Illinois, and New York because that's where her staff are located and have state taxes withheld from their pay for their home state.
Example 3:
Marco Pollo took advantage of the post-COVID market and purchases sandwich & food wrap storage containers from Alibaba for $3-5 a piece and sells them to Amazon Fulfillment for sometimes a 300% mark-up. Amazon then turns around and fulfills the order when someone purchases this item from his Amazon storefront. Marco even set up an automation to re-order the item when inventory get's below a certain threshold. Business is so good that he quit his 9-5 corporate job and is looking to make $150,000 this year all from the comfort of his home while in his pink bunny slippers. Amazon holds Marco's inventory at their various warehouses. Marco has a nexus filing requirement.
Confusing, isn't it? If only you knew a really great accountant who has extensive knowledge of what and when a nexus filing requirement has been triggered....
oh wait! YOU do!!
Contact us if you need help!!
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