Guide · Tax

State Business Taxation: A Comprehensive Guide to Nexus, the Unitary Business Principle, Apportionment Formulas, Combined Reporting, and Federal Limits

15 U.S.C. § 381

Type
Guide
Jurisdiction
National
Date
2024-10-31
Topic
Tax

This guide covers state business taxation systematically. Part one sets out the constitutional test governing state taxation of interstate commerce and the nexus doctrine that changed decisively when physical presence was abandoned. Part two covers the narrow federal statutory protection for solicitation activity. Part three covers the unitary business principle, which determines what income enters the apportionable base, and the decisions marking its boundary. Part four covers apportionment formulas, the shift to single sales factor, and receipts sourcing, which is now the dominant issue. Part five covers combined reporting and separate reporting with add-back. Part six covers discrimination and internal consistency. The guide closes with nexus studies, audit defense, remote work, and practical guidance.

State Business Taxation: A Comprehensive Guide to Nexus, the Unitary Business Principle, Apportionment Formulas, Combined Reporting, and Federal Limits

Tax > State Tax Nexus, Apportionment, and Combined Reporting | Published 31 October 2024 - Updated 3 June 2026 | UpLaw - uplaw.us

Part I: the constitutional framework

The governing test

Complete Auto Transit, Inc. v. Brady replaced formalistic inquiry into whether a tax was imposed on interstate commerce with a practical four-part test. A state tax is valid where it is applied to an activity with a substantial nexus with the taxing state, is fairly apportioned, does not discriminate against interstate commerce, and is fairly related to services provided by the state.

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