New York

 

A foreign corporation or limited liability company shall not do business in New York until it has been authorized to do so. A foreign corporation or limited liability company shall not be considered to be doing business in New York if it is:

1) Maintaining or defending any action or proceeding, whether judicial, administrative; arbitrative or otherwise, or effecting settlement thereof or the settlement of claims or disputes;
2) Holding meetings of its directors or its shareholders; or
3) Maintaining bank accounts.
4) Maintaining offices or agencies only for the transfer, exchange and registration of its securities, or appointing and maintaining trustees or depositaries with relation to its securities.

Wayfair Nexus

A remote seller who lacks a physical presence in New York and who operates a website or other digital medium or media to execute sales to purchasers of property subject to sales or use taxes in this state, or who uses a multivendor marketplace platform that acts as an intermediary by facilitating sales between a seller and the purchaser of property subject to sales or use taxes in this state, shall be deemed to be engaged in business in this state if:

(a) Such retailer made total retail sales of property in this state that exceeded five hundred thousand dollars ($500,000) in the previous or current tax year; and
(b) Such retailer made retail sales in this state in one hundred (100) or more separate transactions in the previous or current calendar year.

Endnotes

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