Affiliate Tax – Can You Hide?
Editor’s Note: With the number of states considering the so-called Amazon tax or some similar tax growing it’s nearly impossible to keep up with all the iterations of the issue. Traditional affiliate marketing is not the only advertising channel at risk. Peter Figueredo, CEO of NETexponent, posted an excellent blog on their corporate site (reprinted with his permission) posing the question can any network with CPA model afford not to get involved in shaping the outcome of this issue?
Ever since the “affiliate tax” issue appeared I have been wondering how each state will determine nexus. I mean, where do you draw the line? We already know that affiliates clearly constitute nexus because they are viewed as sales commissioned partners of an advertiser. If an affiliate is based in a state that has passed the affiliate tax law then advertisers working with that affiliate must collect sales tax. I get that. This post is not here to debate the pros/cons of the affiliate tax. I am trying to determine where you draw the line.
Lets take CPA ad networks for example. They pay their publishers (or affiliates) a bounty or revenue share for sales they generate to advertiser websites. Yet nobody mentions CPA ad network publishers when they discuss this tax.
What about Google? They now act as an affiliate for many advertisers who run their affiliate program

through the Google Affiliate Network. Google places product ads in search results and gets paid a bounty or revenue share for those sales. Google has offices in NY and many other cities so should working with Google constitute nexus for advertisers?
How about companies like Skimlinks and VigLink? They both work as a master affiliate and allow other affiliates to promote advertisers through their links. The advertiser pays the network like Commission Junction or LinkShare. The network pays VigLink and Skimlinks. They in turn pay affiliates. Some of those affiliates may be in states who have passed the affiliate tax. What happens then? Clearly companies like these think there is no danger to the advertiser. In fact, Vig Link is even promoting the fact that they will shield affiliates who reside in states who have an affiliate tax. Many advertisers are choosing to sever relationships with affiliates in states that have affiliate tax because they do not want to collect sales tax in those states. VigLink negates that decision by advertisers because it works with many affiliates who are in states that have an affiliate tax…yet an advertiser may never know. Could this hurt the advertiser? I don’t mean to pick on VigLink but they are the only site I have found to clearly advertise this practice as a benefit of working with them.
Where do you draw the line? What about CPC deals, aren’t they performance based?
Our agency has been monitoring this situation diligently and we continue to advise our clients to the best of our ability. However, many questions remain unanswered.








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