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  1. #1
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Park City Utah
    Wyoming and Tax Nexus
    Got this from an colleague working with a merchant who is highly scrutinizing nexus on a state by state basis.

    Even though Wyoming has not enacted a click through nexus statue; in recent ruling the Wyoming Supreme Court complicated the question of whether an online affiliate marketing program establishes sales/use tax nexus for an out-of-state retailer. In LP, et al. v. Wyoming Department of Revenue, the court considered whether online travel companies (OTCs) had a nexus with Wyoming, and, if so, whether the OTCs were liable for collecting sales and lodging tax on hotel bookings.

    Since it is unclear at this time whether the Wyoming Supreme Courtís discussion of online affiliate marketing programs in will be used as justification to assert sales/use tax nexus against other online retailers we have elected to not engage Publishers in this state.
    It is truly unfortunate that states are excluded because of potential rather than actual rulings. But then again there's the New York cases that got everyone scared.

  2. #2
    Affiliate Network Rep JCrooks - AffiliateWindow's Avatar
    Join Date
    March 7th, 2007
    Denver, CO
    That is like comparing apples to bananas! Yes, both are online, but there are very specific issues about Travelocity that involve tax rates on hotel rooms and have absolutely nothing to do with affiliate marketing. Hopefully your colleague can help the merchant understand the difference and know that Wyoming affiliates are quite safe to work with!

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