Pub. 1 2019 Issue 1

15 nebraska society of cpas W W W . N E S C P A . O R G are tax-free, and to revamp purchase orders and other forms of contracts to achieve clarity on each party’s sales tax obligations. • Companies engaged in merger and acquisition transactions in- volving remote sellers must consider the impact of Wayfair from several angles. For example, has the target entity complied with its collection obligations for past periods, and is it complying with current state enforcement efforts? Further, if compliance has not yet commenced or is ongoing, the time and expense associated with compliance may be an unexpected burden on the acquired business and/or the buyer after closing. • While sellers can hope (or, better yet, rally their elected represen- tatives) for structure, clarity, and relief from the negative effects of Wayfair, it remains important for them — and their advisors — to continue their compliance efforts and the monitoring of the almost-daily activity in this area. t For more information, contact Roberta Chris- tensen at Koley Jessen at roberta.christensen@ koleyjessen.com . Christensen has helped numerous companies navigate state tax nexus, and is a shareholder and member of the firm’s Tax Practice. The Supreme Court had optimistically hoped that the burdens imposed on businesses might be eased because “Congress may legislate to address these problems if it deems it necessary and fit to do so.” Unfortunately, Congress’ response has been too little, too late.