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California issues emergency regulation to clarify Marketplace Facilitator Act

The regulations provide examples to help taxpayers determine when a seller or facilitator becomes either a “marketplace facilitator” or “retailer” for California sales and use tax purposes and when a taxpayer establishes a tax registration and filing responsibility in California based on its sales activity.

Recent nonstatutory state reactions to Wayfair

Several states have begun extending the economic nexus standard approved in Wayfair beyond sales tax, adopting economic nexus provisions for
corporate income taxes.

M&A considerations in light of Wayfair

Buyers and sellers must now consider how Wayfair affects M&A tax due-diligence efforts, purchase agreement indemnities, and navigating remediation
plans between the parties around prior-period exposures.

Initial perspectives on Wayfair

This decision is the most significant state tax case in the past 25 years and raises new and fundamental issues.