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Multistate Tax  |  June 25, 2021
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State Tax Matters
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Articles:
Income Tax Nexus Limitations in a Post-Wayfair World

Before the Wayfair decision, many states were pushing several theories to impose income tax nexus on out-of-state businesses, with strong resistance from taxpayers. Even though the case involved sales and use tax and not income tax, Wayfair opens the door even wider for states to assert nexus and raises questions for taxpayers as to how and when to fight against assertions of nexus.

 

In this installment of Inside Deloitte, examine possible limits on states’ income tax nexus reach after the US Supreme Court’s Wayfair decision.

 

—

Joe Garrett (Birmingham)

Managing Director

Deloitte Tax LLP

 

 

Amber Rutherford (Nashville)

Senior Manager

Deloitte Tax LLP

 

 

Olivia Schulte (Washington, DC)

Manager

Deloitte Tax LLP

 

Sherfón Coles-Williams (Dallas)

Senior

Deloitte Tax LLP

 



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In this issue

Articles
Income Tax Nexus Limitations in a Post-Wayfair World

Amnesty
Connecticut: New Law Includes Tax Amnesty Program with Potential Waiver of Penalties and Reduced Interest

Income/Franchise
Colorado: New Law Contains Several Combined Reporting Changes and Includes Listed Tax Havens

Colorado: New Law Contingently Provides for Elective Passthrough Entity-Level Taxation

Connecticut: New Law Includes Corporate Tax Surcharge Extension and Delayed Capital Base Tax Phase-out

Indiana: Pandemic-Related Telecommuting Policy on Nexus and P.L. 86-272 Ends June 30

Louisiana: New Law Addresses State Treatment of Federal Partnership Audit Regime Changes and RARs

Louisiana: Enacted Bills Will Ask Voters Whether to Lower Tax Rates and Repeal FIT Deduction

Louisiana: New Mobile Workforce Law Imposes Nonresident Withholding Using a 25-Day Threshold

Louisiana: New Law Provides Individual Income Tax Exemption for Some Qualifying Digital Nomads

Maryland: Administrative Guidance Explains Optional Pass-through Entity-Level Income Taxation

Massachusetts DOR Announces that Special Pandemic-Related Telecommuting Rule Expires September 13

Ohio: Guidance Issued on Financial Institution Tax Decrease for Some Newly Formed Banks

Pennsylvania DOR Says Pandemic-Related Nexus and Telecommuting Provisions Expire June 30

Sales/Use
Colorado: New Law Defines Digital Goods and Codifies their Treatment as Taxable TPP

Washington DOR Explains Destination-Based Sourcing Rules and their Application

Property
Louisiana: New Law Allows BTA to Potentially Hear Ad Valorem Tax Cases

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