United States: Nevada Enacts Rebuttable Presumption Of Sales And Use Tax Nexus

On May 27, Nevada Governor Brian Sandoval signed legislation which includes clickthrough nexus and affiliate nexus provisions for purposes of the state's sales and use tax.1 The click-through nexus provision, effective October 1, 2015, creates a presumption of nexus for out-of-state retailers that have an agreement to pay a Nevada resident for providing a link to the retailer's Web site.2 Effective July 1, 2015, the affiliate nexus provision creates a presumption of nexus for out-of-state retailers if a component member of a controlled group has physical presence in Nevada and performs certain activities.3

Click-Through Nexus

Beginning October 1, 2015, an out-of-state retailer is presumed to be doing business in Nevada and is required to impose, collect, and remit sales and use taxes if the retailer enters into an agreement with a resident of Nevada under which the resident receives consideration for referring potential customers to the retailer through a link on the resident's Internet website or otherwise.4

This provision only applies if the cumulative gross receipts from sales by the retailer to customers in Nevada through all such referrals exceed $10,000 during the preceding four quarterly periods ending on the last day of March, June, September and December.5

Rebuttable Presumption

The presumption may be rebutted by submitting proof that the residents with whom the retailer has an agreement did not engage in any activity in Nevada that was significantly associated with the retailer's ability to establish or maintain a market in Nevada for the retailer's products and services during the preceding four quarters ending on the last day of March, June, September and December.6 The retailer may prove this by submitting sworn written statements from all of the residents with whom the retailer has an agreement that they did not engage in any solicitation in Nevada on behalf of the retailer during that time frame.7

Affiliate Nexus

As of July 1, 2015, an out-of-state retailer is presumed to be doing business in Nevada if it is part of a controlled group of corporations that has a component member,8 other than a common carrier acting as a common carrier, that has physical presence in Nevada and such component member engages in any of the following activities:

  • Sells a similar line of products or services as the retailers and does so under a business name that is the same or similar to that of the retailer;
  • Maintains an office, distribution facility, warehouse or storage place or similar place of business in Nevada to facilitate the delivery of tangible personal property sold by the retailer to its customers;
  • Uses trademarks, service marks or trade names in Nevada that are the same or substantially similar to those used by the retailer;
  • Delivers, installs, assembles or performs maintenance services for the retailer's customers within Nevada;
  • Facilitates the retailer's delivery of tangible personal property to customers in Nevada by allowing the retailer's customers to pick up tangible personal property sold by the retailer at an office, distribution facility, warehouse, storage place or similar place of business maintained by the component member in Nevada; or
  • Conducts any other activities in Nevada that are significantly associated with the retailer's ability to establish and maintain a market in the state for the retailer's products or services.9

Rebuttable Presumption

The presumptions may be rebutted by providing proof satisfactory to the Department that, during the calendar year in question, the activities of the component member with physical presence in Nevada are not significantly associated with the retailer's ability to establish or maintain the retailer's market in Nevada.10

Department Reporting Requirement

The legislation also requires the Department to report to the Nevada legislature within 30 days all findings, rulings, or agreements made by the Department or the Nevada Tax Commission which exempt any retailer from the legal requirements to impose, collect, and remit sales and use taxes even though the retailer or an affiliate owns or operates a warehouse, distribution center, fulfillment center or other similar facility in Nevada.11


By enacting click-through and affiliate nexus provisions designed to improve sales and use tax collections, Nevada joins the ranks of several other states.12 Although the intent behind the legislation which has been enacted by many states is similar, the enacted wording does have some differences, resulting in a potentially significant burden on companies that only maintain tangential contacts with these states through affiliates or associates.

As noted in the legislative summary, the click-through statute enacted by Nevada is similar to the New York statute while the affiliate nexus provision mirrors Colorado statutes. The New York State Court of Appeals, the state's highest court, has held that New York's click-through nexus statute does not facially violate the U.S. Constitution under either the Commerce or Due Process Clauses.13

Along with the various states that have proposed or enacted sales tax nexus laws, the Marketplace Fairness Act is currently being considered by the U.S. Senate.14 Although previous versions of this bill have failed to gain enough support for passage, it appears that there is renewed legislative interest. U.S. Representative Jason Chaffetz (R-Utah) has publicly referenced plans15 to introduce similar legislation for consideration. Generally, both bills would allow states meeting certain requirements to require remote sellers to collect and remit sales tax to jurisdictions in which their customers are located. Online retailers with out-of-state sales of no more than $1 million a year would be exempt. Presumably, if federal legislation addressing this issue is enacted, the need for the states to enact separate click-through nexus or affiliate nexus legislation will wane.


1 Ch. 219 (A.B. 380), Laws 2015.

2 Ch. 219 (A.B. 380), Laws 2015, §§ 3, 6, and 7.

3 Ch. 219 (A.B. 380), Laws 2015, §§ 2, 5, and 7.

4 Ch. 219 (A.B. 380), Laws 2015, §§ 3.1 and 6.1.

5 Id.

6 Ch. 219 (A.B. 380), Laws 2015, §§ 3.2 and 6.2.

7 Id. The statements must be provided and obtained in good faith.

8 Ch. 219 (A.B. 380), Laws 2015, §§ 2.1 and 5.1. Controlled group" and "component member" are defined as in the Internal Revenue Code of 1986, as amended, § 1563(a) and (b). The terms also include any entity, regardless of corporate form, that would meet these definitions based on ownership relationship alone.

9 Ch. 219 (A.B. 380), Laws 2015, §§ 2.1 and 5.1.

10 Ch. 219 (A.B. 380), Laws 2015, §§ 2.2 and 5.2.

11 Ch. 219 (A.B. 380), Laws 2015, § 1. If the Nevada legislature is not in session, the report must be provided to the Legislative Commission.

12 The following states have enacted click-through nexus laws: Arkansas, California, Colorado, Connecticut, Georgia, Illinois, Kansas, Maine, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Rhode Island and Vermont (contingent on 15 or more states enacting clickthrough nexus legislation). Similarly, the following states have enacted affiliate nexus laws: Arkansas, California, Colorado, Connecticut, Georgia, Illinois, Iowa, Kansas, Maine, Michigan, Missouri, New York, Oklahoma, South Dakota, Texas, Utah, Virginia, and West Virginia.

13 Overstock.com, Inc. v. New York State Department of Taxation and Finance, New York State Court of Appeals, Nos. 33 and 34, March 28, 2013 (cert. denied, U.S. Sup. Court, Dkt. 13-252, Dec. 2, 2013). For a discussion of this case, see GT SALT Alert: New York State Court of Appeals Holds Click- Through Nexus Statute Is Facially Constitutional and GT SALT Alert: U.S. Supreme Court Declines to Consider Whether New York's Click-Through Nexus Statute is Facially Constitutional .

14 S. 698, "Marketplace Fairness Act of 2015," introduced Mar. 10, 2015. A previous version of this bill, S. 743 (113th) passed the U.S. Senate in 2013 but failed to pass the U.S. House.

15 Rep. Chaffetz referenced the "Remote Transaction Parity Act" at the National Conference of State Legislatures meeting on Dec. 10, 2014. To date, the legislation has not been introduced.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.