Connecticut Enacts Click-Through-Nexus Legislation

Connecticut Governor Dannel Malloy signed the budget bill for the 2012/2013 biennum which includes a provision enacting click-through-nexus. The provision, effective as of May 4, 2011, amends the definition of “retailer” and “engaged in business” to include anyone making sales of taxable items or services through an independent contractor or representative who is located in Connecticut. Nexus would be imposed on a retailer who enters into an agreement with anyone who directly or indirectly refers potential customers to the retailer for a commission or other consideration, whether by a website link or otherwise. The retailer’s cumulative gross receipts from sales to Connecticut residents who are referred to the retailer by anyone located in Connecticut with this type of agreement must exceed $2,000 during the preceding four quarterly periods ending on the last day of March, June, September, and December. The provision presumes that such retailers are soliciting business through independent contractors or other representatives who are located in Connecticut. The proposed bill included a rebuttable presumption. However, the enacted bill eliminated this provision. (S.B. 1239, Laws 2011; Act 61 (H.B. 6652), Laws 2011)

Posted on September 12, 2011