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Full-Text Articles in Tax Law
Only A Name? Trademark Royalties, Nexus, And Taxing That Which Enriches, Sheldon H. Laskin
Only A Name? Trademark Royalties, Nexus, And Taxing That Which Enriches, Sheldon H. Laskin
Akron Tax Journal
This Article asserts that the correct constitutional nexus standard for state taxation of royalty income derived from the use of trademarks and tradenames is the well-established business situs rule for taxing intangibles. Pursuant to the business situs rule, a state may, consistent with federal constitutional requirements, levy an appropriately apportioned tax on the trademark royalty income of a business that has purposefully availed itself of the benefits and opportunities of doing business in that state. That is, intellectual property is presumed to have a taxing situs at any location where it is used to realize income. A state may therefore …
Economic Nexus: Legislative Presumption Or Legitimate Proposition?, Craig J. Langstraat, Emily S. Lemmon
Economic Nexus: Legislative Presumption Or Legitimate Proposition?, Craig J. Langstraat, Emily S. Lemmon
Akron Tax Journal
This article discusses the theory of economic nexus, the present nexus conditions in various states, and the constitutional issues surrounding nexus. These constitutional issues will then be applied to the theory of economic nexus in order to draw conclusions concerning the constitutionality and feasibility of this theory.