[cowboysfan]

...i'm sure i can, but I just wanted to make sure. I'm reading posts about web servers in "Affiliate Tax" states can possibly create nexus, so, that got me thinking. would states consider "hired help" nexus?

basically, I may want to hire someone who lives in New York to write for my blog. That's it. I live in Connecticut. I am a affiliate marketer.

can I do this without new york coming after me for some kind of nexus?

i guess i'm just a little paranoid. it's crazy what is going on with these states and what they want to pull with the affiliate tax laws.

thanks,

[Witzer]

Are you "hiring" as an employee?
Are you "hiring" as a contractor?

2 different concepts. 2 different sets of rules.

[MichaelColey]

Originally Posted by Witzer

Are you "hiring" as an employee?
Are you "hiring" as a contractor?

2 different concepts. 2 different sets of rules.

When it comes to the affiliate nexus legislation in NY, there's not much distinction. Affiliates are contractors, but NY says that their presence in NY creates a nexus for merchants.

What cowboysfan is describing, though, is an extra degree of separation. The NY resident is a contractor for the affiliate of the NY merchant. Since the contractor would be doing writing rather than sales, I can't imagine how NY could claim that as a nexus. If the contractor did sales-focused work for the affiliate, I think it's much less clear.

I'm not a lawyer and don't play one on TV, though, so my "legal advice" isn't worth much.

[gcarson]

All makes sense what was posted... Just wondering.. How would NY know? NY would have to get the tax records of every affiliate in the country to see if they hired anyone in the US

[cowboysfan]

witzer: i would be hiring the blogger as a contractor.

i hear what you are saying michael, thank you for the input. well.....if i hire a new yorker to write for my blog...i guess the case could be make they are doing sales...i mean, what if they write an article about a product, or a special deal they get on my website?

gcarson - i'm assuming they would know if you hired a new yorker because you would have to send them a 1099 at year end...but that is a good question.

i'm assuming that if i do hire a new yorker as a contractor, i should be in the clear. with all these crazy laws though, i just want to be safe then sorry.

[Witzer]

I apologize. I was thinking in terms of "other taxes". When discussing "hiring", I think in terms of withholding taxes. etc..........

Sales tax is not on my priority list.

In NY, are services covered by sales tax? Just curious....

[MichaelColey]

Originally Posted by cowboysfan

can I do this without new york coming after me for some kind of nexus?

And to clarify... If you're an affiliate and you create a nexus for merchants, NY won't come after you - they'll come after the merchants.

[cowboysfan]

right. then the merchants will come after me

i will try and find out for sure. i don't think hiring a blogger who lives New York creates a nexus for merchants through out of state affiliates..but who knows these days lol

[gcarson]

Originally Posted by cowboysfan

gcarson - i'm assuming they would know if you hired a new yorker because you would have to send them a 1099 at year end...but that is a good question.

Good point. But the 1099 only tells them your company paid them for something. Doesn't really say for what. But better to be safe than sorry.

[cowboysfan]

Originally Posted by gcarson

Good point. But the 1099 only tells them your company paid them for something. Doesn't really say for what. But better to be safe than sorry.

true. idk. hopefully someone who knows the deal will come along and address this thread.

actually, IF the law says if you hire new yorkers this creates a nexus...i think this will help our fight as affiliates in other states. i mean, not only would the amazon tax cost the states jobs in-states..but potential out of states employers may not be looking to hire as well.

[JailNation]

We have been hiring New Yorkers for many years. They are some of the best affiliates/webmasters we deal with.