In April 2008 the State of New York inserted an item in the state budget asserting sales tax jurisdiction over Amazon.com sales to residents of New York, based on the existence of affiliate links from New York–based websites to Amazon. The state asserts that even one such affiliate constitutes Amazon having a business presence in the state, and is sufficient to allow New York to tax all Amazon sales to state residents. Amazon challenged the amendment and lost at the trial level in January 2009. The case is currently making its way through the New York appeals courts.
31, 1969, organizations requesting rulings or determinations that they are affiliates of a governmental unit must discuss in the request the presence or absence of each of the factors listed (in situations in which no ruling or determination has been received and facts and circumstances relevant to the determination (regarding the otherwise necessary administration of the law).