Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Clarifies Nexus Creating Activities Subject to Sales and Use Tax

Author: Scarinci Hollenbeck, LLC

Date: October 6, 2015

Key Contacts

Back

The New Jersey Division of Taxation Regulatory Services Branch recently issued a Technical Bulletin regarding the guidelines that create a nexus in the state and subject an individual to the sales and use tax.

This Technical Bulletin comes in response to a U.S. Supreme Court decision which held that a person must have an established physical presence in a state before that state’s government can impose sales tax, as stated in the Commerce Clause of the Constitution.

New Jersey defined activities that create a nexus as an individual with a physical presence in the state that sells taxable items and services. This individual must then register with the New Jersey Department of Revenue, whereupon the person is required to collect and remit sales tax when the items sold are delivered to a location within state borders, or if the act of the sale itself was performed in New Jersey.

Activities that create a nexus in New Jersey

Activities that trigger a nexus in New Jersey include the sale, leasing or renting of tangible personal property as well as digital products and services. Further, if an individual maintains an office, warehouse, service enterprise or other place of business. These activities also involve having personnel within state borders to include any employees, independent contractors, agents and representatives. An individual may also be subject to the sales and use tax if the person sells, stores, delivers or transports energy to customers. Finally, various other activities include parking or storing motor vehicles, delivering goods sold in the seller’s own vehicle and collecting membership fees for health, fitness, athletic, sporting, or shopping club property or facilities.

E-commerce sales and use tax exemption

Under N.J.S.A. 54:32B-2(i)(1), a rebuttable presumption is created that a foreign seller who makes taxable sale of tangible personal property, specified digital products or services is soliciting business in New Jersey. Therefore, the person has created a nexus in New Jersey if the seller enters into an agreement with a resident of New Jersey, who is an independent contractor and/or representative for compensation in exchange for referrals. The customer referrals to a foreign seller may be made via a website link or other means. The next condition is that the foreign seller has more than $10,000 in sales revenue from these referrals to customers in New Jersey for the prior four quarterly periods ending March, June, September and December.

If the foreign seller meets both of these requirements, the person has created a nexus because he or she is presumed to be soliciting business within the state boundaries of New Jersey. The seller must then register with the NJ Department of Revenue to collect and remit the sales tax on all taxable sales delivered in New Jersey.

Significance of the Technical Bulletin

As the presumption of a nexus is rebuttable, the foreign seller is eligible to provide proof that the independent contractor and/or representative did not solicit business on the seller’s behalf in New Jersey. Therefore, the burden of proof is on the seller to provide a detailed explanation as to why he or she is not subject to the state sales and use tax.

In light of the state budget woes and pension deficit, this revision is not unexpected. Although consumers may resent the imposition of sales tax on purchases that escaped tax, one sees the benefit to local retailers who have complained for years about being disadvantaged. Unfortunately for local retailers and the state, the grasp of the new rule can be avoided by using non-New Jersey sources fro referrals.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!