States Continue to Challenge Quill’s Physical Presence Standard
When a client calls us to inquire about sales tax exposure, we instinctively start asking questions about people and possessions: “Do you have property in other states? Where do you have employees? Have you sent any sales representatives to any states where you have made sales?” For decades, tax practitioners have known that a proper sales tax nexus analysis begins with physical presence. It’s black-letter law, after all. States can’t levy sales tax on someone who isn’t there.
We know this because of Quill Corp. v. North Dakota and National Bellas Hess v. Illinois before it. [...]Read more