The Multistate Tax Commission (MTC) National Nexus Program includes a total of 23 states, plus the District of Columbia, on its list of participating states and jurisdictions in the special limited-time voluntary disclosure initiative that began on August 17, 2017, and will run through October 17, 2017. This program generally is being made available to online sellers that have nexus with a participating state as a result of having inventory located in a fulfillment center or warehouse in that state operated by a defined “marketplace provider/facilitator” or from other nexus-creating activities of a marketplace provider/facilitator in the state. Under this program, qualifying participants generally must prospectively collect and remit applicable sales and use taxes, as well as file and pay any appropriate corporate income and franchise taxes, in exchange for waiver of back tax liabilities, penalties, and interest in that state.
The 24 states and jurisdictions that now appear to be participating in this program include: Alabama, Arkansas, Colorado, Connecticut, District of Columbia, Florida, Idaho, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, and Wisconsin. Most states participating in this special time-limited voluntary disclosure initiative have agreed, for eligible taxpayers meeting specified criteria, to waive sales/use and income/franchise back tax liability, including penalties and interest, for prior tax periods, without regard to any lookback period, provided the taxpayer registers as a seller or retailer to collect, report and remit sales/use tax and commences to file sales/use tax returns and remit sales/use tax as of the effective date set forth in the voluntary disclosure agreement; and if the taxpayer is subject to income/franchise tax, the taxpayer commences filing income/franchise tax returns and paying tax due, commencing with the tax year that includes the effective date of the voluntary disclosure agreement.
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