Click-through nexus also known as “affiliate nexus” happens when an out-of-state business with no physical presence in a state initiates a sales tax duty through online referrals, i.e. click-through originating from within the state the click-through activity derives from.
Not all states have click through nexus allocations, here is a list of the states that do:
To better understand click through nexus, let’s imagine that a social media personality from Nevada posts a viral TikTok with a link raving about this new state-of-the-art desk organizer sold by a furniture retailer located in Michigan.
A follower of this social media personality clicks the link and purchases the new desk organizer for their home. The state of Nevada could then argue that the retailer used the viral social media post produced in Nevada to generate income. Therefore, the furniture retailer would be responsible for paying sales tax to the state of Nevada once they exceed the click-through nexus state threshold.
Click-through nexus state thresholds:
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Rebuttable presumption means you can potentially prove that you do not need to pay the state where you qualify for click-through nexus.
Irrebuttable presumption means that regardless of how strong your evidence may possibly be, the state’s law will not allow you to not pay if you qualify for click-through nexus.
Although click-through nexus can be intricate in the world of sales tax compliance for online sellers, it’s imperative to understand the thresholds in each state to prevent any unanticipated tax liabilities.
Being knowledgeable about referral programs and taking advantage of applicable tax exemptions can help your business maneuver click-through nexus obstacles and ensure that you are sales tax compliant. You can check out our FAQ for even more information and of course, our customer care team can assist you with additional questions!
FAQ
What are referral programs?
These programs or incentives are typically given to individuals who refer new clients, business entities, or service providers to join their sales tax compliance network or program. These incentives or rewards come in many forms such as discounts, credits, gift cards, exclusive access to services or products, etc.
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