WAYFAIR Update - States respond

As anticipated, states have begun to respond to the U.S. Supreme Court's decision in South Dakota v. Wayfair nullifying a 1992 Supreme Court precedent set by Quill Corp. v. North Dakota requiring physical presence before a state can compel the collection and remittance of sales and use tax.

As more states begin to assert economic nexus standards, companies are likely to face challenges in determining nexus exposure based on states various nexus factors.  Monitoring the states response to Wayfair will be key to managing overall tax exposure.