In this article, Richard Cram, MTC Director of the National Nexus Program, argues that the decision in South Dakota v. Wayfair, which overturned the physical presence requirement in Quill v. North Dakota and National Bellas Hess v. Illinois, did not disturb the holding in National Geographic Society v. California that a state may impose its use tax collection obligation on an out-of-state seller that has physical presence in that state, even when such physical presence is unrelated to the sales activity on which the use tax collection obligation is imposed. National Geographic remains good law in determining nexus when the out-of-state seller’s economic presence falls below the state’s economic nexus threshold.
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