Today AvantLink received confirmation that the state of Washington has approved an affiliate tax nexus law that will go into effect tomorrow, Tuesday, September 1st, 2015. Unfortunately, the language of this bill suggests that AvantLink's tax nexus solution will not work as a solution for Washington's nexus legislation. Full documentation of the law can be found here:
While not constituting legal advice or recommended courses of action, merchants have proceeded with nexus rulings in the past by:
- Immediate deactivation of all affiliates located in the nexus-affected state currently participating in the affiliate program.
- Requiring those deactivated affiliates to sign an affidavit confirming no solicitation of the brand via the affiliate program to any consumers within the nexus-affected state before reactivation within the affiliate program.
We highly encourage you to consult with your legal advisers as soon as possible for advice on the best course of action for your company and your affiliate program for future affiliate participation in the state of Washington. For more information regarding tax nexus laws, please see the Performance Marketing Associate website at http://thepma.org.