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ARTICLE · 22 OCTOBER 2004

State Tax Return - Nexus Update: 2003/2004 cont´d

Jones Day
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We keep track of nexus developments each year — legislation, administrative interpretations, the passage of rules and regulations, and court cases. This issue of our newsletter outlines important nexus developments from June, 2003, through August, 2004.

United StatesTax
Maryann Gall
Maryann Gall
Laura Kulwicki
Laura Kulwicki
Phyllis Shambaugh
Phyllis Shambaugh
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E. Affiliate Nexus

For almost 20 years, state tax departments have been arguing that the presence of an in-state corporate affiliate, such as a retail store corporation, automatically creates nexus for an outof- state affiliate, such as a mail order company, a manufacturing/service company, or an internet retailer. The states have almost uniformly lost the litigated cases, but are continuing legislative, administrative enforcement actions, and state court litigation, all as reported herein.

1. ALABAMA

a. Effective August 1, 2003, the Alabama Legislature amended the Alabama code to add Section 40-2A-50 outlining conditions for remote entity nexus. The primary threshold for nexus is based on an affiliated relationship between an out-of-state seller and an in-state business that maintains at least one Alabama location.

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