1 Constitutional Limitations on State Taxation

U.S. Tax Law Essentials · 3:16

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Lyrics

[Verse 1]
When states want to tax across their lines
There are rules they must follow, constitutional designs
Due Process says you need a nexus that's real
A connection to the state that makes the tax deal

[Chorus]
Four parts to test when Commerce flows
Substantial nexus, that's how it goes
Fairly related to services received
Non-discriminatory, fairly conceived
Complete Auto Transit shows the way
Constitutional limits every day

[Verse 2]
Back in twenty-eighteen, Wayfair changed the game
Economic nexus now, physical's not the same
Sales tax reaches far when revenue's high
Two hundred thousand or transactions that fly

[Chorus]
Four parts to test when Commerce flows
Substantial nexus, that's how it goes
Fairly related to services received
Non-discriminatory, fairly conceived
Complete Auto Transit shows the way
Constitutional limits every day

[Verse 3]
Public Law eighty-six, two-seven-two protects
Soliciting tangible goods, that's what it affects
Just taking orders for products you can hold
Safe harbor from state tax, story that's been told

[Bridge]
Dormant Commerce Clause stands guard
Against discrimination, it hits hard
States can't favor their own over others
Interstate commerce, we're all brothers

[Verse 4]
Fairly apportioned is the final test
Internal consistency passes best
Can't tax the same income twice around
Constitutional limits keep states bound

[Chorus]
Four parts to test when Commerce flows
Substantial nexus, that's how it goes
Fairly related to services received
Non-discriminatory, fairly conceived
Complete Auto Transit shows the way
Constitutional limits every day

[Outro]
Due Process, Commerce Clause combined
Keep state taxation well-defined
Nexus and fairness, that's the key
Constitutional tax law, now you see

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