This section briefly outlines the prevalent arguments for economic nexus-based allocation of taxing jurisdiction at the point of consumption while also considering some of the better-developed ancillary e-commerce tax policy recommendations stemming from these arguments. As e-commerce has sparked considerable debate over the continued viability of the PE rules, numerous reform suggestions have appeared in the tax policy and law literature. Generally speaking, suggestions for improving allocation of taxing jurisdiction in an era of flourishing electronic commerce advocate a move away from PE standards using physical presence tests towards PE standards using tests of economic presence at the location of consumption.
Internet-based businesses might allow nonresident entities to reap considerable gains from sales in another jurisdiction without having sufficient physical presence in the jurisdiction to give it PE status