06/18/2026
You can owe income tax to a state you've never lived in.
In some cases — a state you've never even visited.
New Three Things Thursday — three things about state income tax nexus that most business owners and real estate investors were never told:
1️⃣ Physical nexus follows activity. Own rental property in another state? That property is your physical presence there. During the rental years it may not matter much — losses often mean no income to tax anyway. But when the property sells, the gain is sourced to where the property is. Not where you live. Where it sits.
2️⃣ Wayfair changed the rules. Quill v. North Dakota gave businesses a physical presence shield for 26 years. South Dakota v. Wayfair (2018) removed it for sales tax — and states immediately started applying the same economic nexus logic to income tax. You don't have to set foot in a state to potentially owe them taxes anymore.
3️⃣ One remote employee can create nexus you never planned for. The post-COVID shift to virtual work created income tax exposure across state lines for thousands of businesses. Factor-based nexus, convenience of the employer doctrine — these are real obligations most business owners discovered after the fact.
If you have employees in multiple states, own out-of-state real estate, or your clients span state lines — this one's for you.