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Tax Nexus Update for Franchisors

By Bruce S. Schaeffer

Franchisors thinking of expanding into new jurisdictions, and even those that are not changing anything, should be wary. State and local governments, in this time of deficits, are constantly looking for ways to increase their revenues by broadening the scope of their taxes.

According to a report for the Council on State Taxation, “Total State and Local Business Taxes 2000-2004,” released in April 2005, over the last 4 years:

  • state and local taxes on businesses have risen faster than total state and local taxes, and business has paid 52% of the increase over those years;
  • the corporate income tax represents only 8% of state and local taxes nationally (and the corporate share of federal taxes is about the same); and
  • individual income taxes paid by owners of non-corporate businesses represent only 4% of total state and local business taxes.

The states, which generally must run on balanced budgets, are searching for revenues from any source so that they don't have to cut domestic programs too drastically.

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