When Is Distance Learning Subject To Taxation? It depends.

Just like the many employees who have been forced to adapt to remote working, students across the nation have transitioned to distance learning as a result of the pandemic. While universities have previously offered online options for a minority of classes, the pandemic has rapidly pushed the majority of instruction online.

As is the case for companies with remote workforces, universities may now be facing changed and possibly increased tax obligations. However, rules on the taxation of online schooling vary wildly by state, and if students are now located in a different state than their school because of displacement by the pandemic, it gets even more complicated.

The Role of Economic Nexus

For a breakdown of economic nexus and the impact it has had over the last two years,  please click here.

The 2018 Wayfair decision paved the way for states to implement economic nexus legislation. Today, over 40 states have implemented some form of economic nexus. In a nutshell, this allows states to require remote sellers to collect and remit sales taxes based on the seller’s economic presence alone, typically measured by way of sales thresholds or the number of sales transactions made per year.

For universities, online education and other training courses offered by these institutions may or may not fall under the purview of economic nexus, depending on the state.

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