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Thread: Does Nexus Law affects partnership with affiliate network providers for merchants?

 
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  #1  
Old September 14th, 2011, 02:46 PM
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Location: Massachusetts
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Can someone help to answer if CA/NY Nexus Law would affect partnership with Commission Junction/LinkShare for merchants who pay network fees higher than legislative threshold?
  #2  
Old September 14th, 2011, 03:18 PM
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To my knowledge, network payments are not triggering nexus. Consider all the stores still working with CJ and Shareasale. If they were putting stores on the hook for collecting the tax they would have had to move operations somewhere else because it is their entire business.
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  #3  
Old September 14th, 2011, 03:20 PM
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I don't think it has any bearing on network fees. If you have affiliates in the state then according to the law it creates nexus. Either you honor the law or you don't. Consult a tax attorney in those states.
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Old September 16th, 2011, 11:41 AM
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I don't think the networks count as nexus. But, if they are going to consider affiliates nexus, then I would anticipate they would try to also count other forms of sales & advertising as nexus as well in the future. But I'm not a lawyer, so take what I say with a grain of salt.
  #5  
Old September 16th, 2011, 04:34 PM
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appreciate all great feedback, that certainly helps!!
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