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        <p> Federal taxation is far from the end of the cross-border tax story for Canadian companies. State and local taxation (SALT) can significantly impact a company’s cash flow, effective tax rate and risk profile. Every state can have its own income tax and then on top of that, almost any local level of government can also have its own tax. For example, it’s very common for cities or municipalities to have their own taxes.

The intriguing part of state taxation is that it’s completely different than from a federal level. For one, individual states are not required to follow or abide by the United States-Canada Income Tax Treaty. As mentioned earlier, at the federal level the determining factor is whether or not you have an established presence. At the state level, there is a concept called “nexus” as a benchmark for determining whether the state corporate tax revenue department is permitted to assess tax on an out-of-state taxpayer. At its very base, nexus is determined by whether or not you have a sufficient minimum connection to the state to make it fair for the state to tax you. Nexus in its classic form, really comes down to whether or not you have “boots on the ground.” For instance, if you have property, an employee or a contract in said state, that could create nexus.

Nexus, however, has been put into an evolving concept called ‘economic nexus,’ which basically measures whether you have economic activity in the state. For instance, having $500,000 in sales in one particular state could establish economic nexus. It’s important to also know that depending on rules and regulations from state to state, there is a possibility of creating economic nexus without having ever gone to the state. Having a clear understanding of whether you have nexus or not depends on being able to recognize that each state’s rules are different and having an in-depth understanding of...

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