New Jersey's ‘New' Nexus Standard: Attempt to Impose Economic Nexus Retroactively Conflicts With Recent Case Law

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On Jan. 10, the New Jersey Division of Taxation issued a Technical Advisory Memorandum (TAM-6), in which it asserts that a 2002 amendment to the state's Corporation Business Tax Act creates nexus for out-of-state corporations that solicit business within New Jersey or that derive receipts from sources within the state.