Where Do Online Businesses Source Their Income? Part Two: Income Tax

EPGD Law Income Tax

Just as e-commerce has presented challenges for sourcing sales tax, e-commerce also presents issues for sourcing income taxes. This blog will discuss the income tax implications for online businesses.

What is Income tax?

Income tax is based on the revenue of your business, unlike sales tax that is imposed on the customer at the point of purchase. Just like sales tax, income tax regulations differ by state.

How Does Income Tax Nexus Compare to Sales Tax Nexus?

Income tax nexus and sales tax nexus is essentially the same as sales tax nexus, looking at amount of sales, payroll, and property in the state when determining a business’ connection to that state. Many states have a state income tax, while other states including Florida do not. If a company meets a state’s threshold requirements for income tax nexus in that state, the company must pay income tax on income generated within that state.

State Bright-Line Economic Nexus Rules

Some examples of activities that constitute income tax nexus include:

  • Providing services within the state
  • Storing inventory within the state
  • Accepting payment within the state

Federal law specifically outlines certain activities that do not constitute income tax nexus such as:

  • Solicit sales of goods
  • Offer services that are subsidiary to the sale of goods
  • Display samples of a product
  • Accept orders that are fulfilled out of state

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Founding partner Eric Gros-Dubois established EPGD Business Law in 2013. With over a decade of experience expanding the firm and leading it to its current success, Eric now primarily manages the corporate division of EPGD. Given Eric’s educational background, holding both a JD and MBA, combined with his own unique experience of starting a business from scratch and growing it to a multi-million dollar firm, he brings a specialized and invaluable perspective to those seeking legal assistance for themselves and their businesses. Having now instilled his same values in our team of skilled corporate associates, Eric leads a firm that is always ready, willing, and equipped to handle any and every legal matter that a business owner may have.

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