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State and Local Tax (SALT) Nexus

SALT nexus is the sufficient connection between a taxpayer and a state or local jurisdiction that gives the jurisdiction the right to impose tax obligations on the taxpayer.

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Explanation

Nexus can be established through physical presence (employees, offices, inventory, equipment) or economic activity (meeting sales or transaction thresholds). Post-Wayfair, most states have enacted economic nexus laws for sales tax (typically $100,000 in sales or 200 transactions). For income tax, the standards vary by state — some follow economic nexus, others still require physical presence under P.L. 86-272 protections (which shield certain solicitation activities from income tax). Understanding nexus is essential for compliance and planning.

Key Points

  • Physical nexus: employees, offices, property in the state
  • Economic nexus: exceeding sales/transaction thresholds (post-Wayfair)
  • P.L. 86-272 protects solicitation-only activities from state income tax

Exam Tip

P.L. 86-272 only protects against state income tax for solicitation of tangible personal property — it does not apply to sales tax, services, or intangibles.

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