The study by San Ramon, Calif.-based Sabrix also discovered that 85 percent of participating companies underestimated the number of states they needed to register in by more than 50 percent. Mid-sized companies with customers widely dispersed in the United States were the most likely to miss the mark. Small companies also underestimated, but most have lower non-compliance risk because they do business in fewer states.
Conducted in the current quarter, the survey covered companies in a variety of markets and which had revenue ranging from $3 million to $170 million. Sabrix found that companies typically overlooking the following in assessing nexus:
* Independent contractors. An agent acting on behalf of a company establishes nexus in most status.
* Services. Performing services in a state, even if only once in a year can create nexus.
* Trade shows. If a company spending a single day at a show that can create nexus even if the company does not sell anything.
The company also cited the increased effort by states to tighten audits because of the need for more revenue. For example, California conducted door-to-door visits to more than over 74,000 businesses in more than 130 Zip codes as part of the “Statewide Compliance and Outreach Program”. Sabrix said many other states are preparing such programs. Sabrix also expects states to follow New York's lead in claiming sales tax nexus for affiliates of Amazon.com