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Economic Isn’t Everything: Why Physical Nexus Still Matters Post-Wayfair

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1.5 CPE credits
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Have you become laser focused on whether your company has exceeded economic nexus thresholds across the states post-Wayfair? Have you been counting transactions and deciphering what sales count in the threshold calculation? Is that all you are evaluating? You might be overlooking the elephant in the room! Don’t forget that physical presence is still the first consideration in determining nexus!

The #1 misconception about sales tax following the South Dakota v. Wayfair decision is that physical nexus has faded away and no longer applies. This is simply not the case. States continue to apply the physical presence test for nexus. Although some states have repealed their quasi-physical remote seller provisions (click through and affiliate), some haven’t – and those that did were not repealed retroactively.

Physical presence is typically established in a state through people or property. Are you aware of all the activities your company is engaging in across the states?

This webinar will help you pinpoint all the activities that create physical nexus within a state so you can evaluate your sales tax obligations and mitigate your audit risk.

Who should attend?

This webinar is intended for financial and operations personnel—including tax, general accounting, accounts payable, sales, tax technology, purchasing and credit—who deal with sales and use tax as part of their responsibilities. The course is also designed for general practitioners, with minimal to no experience. It is also intended for any seller who makes sales into multiple states, whether as a remote seller, marketplace seller, or brick and mortar seller.

About the Instructor

Diane L. Yetter, President & Founder, YETTER and Sales Tax Institute

Diane L. Yetter is the “Sales Tax Nerd TM” as well as a strategist, advisor, speaker and author in the field of sales and use tax. She is president and founder of YETTER Tax, a sales tax consulting and tax technology firm in business since 1996. She is also the founder of The Sales Tax Institute, which offers live and online courses to educate business professionals about sales and use tax.

More About Diane L. Yetter

“Sales Tax Institute and Diane Yetter deliver concise up to the minute information in the fast paced world of sales tax post-Wayfair. Diane not only pinpoints issues, she’s a problem solver who’s not afraid to give her opinion based on her vast experience.”

Additional Details About the "Economic Isn’t Everything: Why Physical Nexus Still Matters Post-Wayfair" Webinar

In sales tax, there is an important order in nexus determination.

If your company has a physical presence in a state, the post-Wayfair economic nexus thresholds are not relevant since you are deemed to have nexus based on your physical presence. Every state with a sales tax uses a form of the physical presence test to determine if you need to collect and remit sales tax.

The core elements of physical nexus are people and property. You need to understand all the aspects of your company’s business – from manufacturing to sales to distribution – in order to monitor which activities are creating nexus. Do you have traveling salespeople? What about inventory in a third-party warehouse? Do you attend trade shows?

This webinar will help you ask the right questions to determine if your company has physical nexus with a state. You’ll understand how to decipher the different states’ rules and learn about the corrective actions you can take if you have nexus.

Your Teaching Staff

In this 90-minute live webinar, sales tax expert Diane Yetter of the Sales Tax Institute will teach you what you need to know about physical nexus rules across the states. You’ll learn the most common nexus-creating activities so you can stay on top of your sales tax obligations. Diane will share practical advice to track nexus exposure and explain what you need to do if you have nexus.

Learning Objectives for this webinar include:

  • Learn how to conduct a physical nexus review for your company so you can uncover where you have sales tax obligations
  • Identify permanent and temporary places of business to determine where your company may have nexus
  • Discover how individuals working on your company’s behalf can create nexus – even if they’re not employees
  • Understand the implications of having inventory in a state so you can improve inventory tracking mechanisms and avoid costly mistakes
  • Learn ways to get right with the state if you unknowingly had nexus and didn’t register, so you can minimize audit issues and penalties

CPE Information:

Webinar attendees can earn 1.5 hours of CPE credit in the “Taxes” field of study

Prerequisites: This course requires no prerequisites or advance preparation.

Program Level: Basic

Delivery Method: Group Internet-Based


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