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<p>[QUOTE="justafarmer, post: 1271320, member: 3926"]The landscape has changed quite abit since most of the court rulings governing nexus and sales tax were laid down. Quill vs South Dakota almost tipped the scales in the state's favor. With the deregulation and centralization of banking into the multi-state entities we have seen over the last 30 years - I feel new litigation if persued could change the landscape. The fact that now most businesses deposit their funds into banks that maintain branches in other states and that the banks co-mingle their funds without respect to state borders could be enough to establish nexus. It certainly gives the state an avenue to levy and lien an out of state business's banking assets. Being that bank into which their funds are deposited could be subject to a state's jurisdfiction.</p><p><br /></p><p>Take Bank of America as an example. They operate brick and motar branches in 33 states. If a business maintains an account with Bank of America - this might be enough to establish nexus in the other 32 states. It certainly gives these states a backdoor to lein and levy a business's banking assets whether a busness maintains any hard assets in that state due to the fact their bank is subject to the state's jurisdiction.[/QUOTE]</p><p><br /></p>
[QUOTE="justafarmer, post: 1271320, member: 3926"]The landscape has changed quite abit since most of the court rulings governing nexus and sales tax were laid down. Quill vs South Dakota almost tipped the scales in the state's favor. With the deregulation and centralization of banking into the multi-state entities we have seen over the last 30 years - I feel new litigation if persued could change the landscape. The fact that now most businesses deposit their funds into banks that maintain branches in other states and that the banks co-mingle their funds without respect to state borders could be enough to establish nexus. It certainly gives the state an avenue to levy and lien an out of state business's banking assets. Being that bank into which their funds are deposited could be subject to a state's jurisdfiction. Take Bank of America as an example. They operate brick and motar branches in 33 states. If a business maintains an account with Bank of America - this might be enough to establish nexus in the other 32 states. It certainly gives these states a backdoor to lein and levy a business's banking assets whether a busness maintains any hard assets in that state due to the fact their bank is subject to the state's jurisdiction.[/QUOTE]
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