Wednesday, 14 November, 2018

Internet Sales Taxation Will Limit Growth

Supreme Court Rules States Can Collect Internet Sales Tax Sales tax parity: Supreme Court wisely nixes online retailer benefit
Kayla Schwartz | 29 June, 2018, 01:35

Overstock.com said it will begin expanding its physical and digital operations, including supply chain, marketing, and recruiting, into states in which tax nexus concerns previously prevented the company from having an on-the-ground presence. "Deal, for supporting that legislation, which, in light of the Supreme Court ruling this week, sets Georgia up to bring parity to Main Street stores and needed revenues for cities, counties and schools", said GMA Executive Director Larry Hanson.

Writing for the court, Justice Anthony Kennedy said the 1992 ruling, which involved catalog sales, was obsolete in the e-commerce era. In recent years, as internet sales have become an increasingly large part of commerce, states have become both creative and aggressive in defining what constitutes a "physical presence" for this objective.

Whether the state sales tax now required for online retailers will make consumers run back to brick and mortar stores remains to be seen.

The Streamlined Sales Tax Governing Board released astatement in response to the Supreme Court's decision, saying "As we have done over the last 18 plus years, we will continue to work with the business community to ensure that implementation of this decision is fair, efficient and transparent for all taxpayers and administrable for sellers, purchasers, and the states". But with the new law, you'll have to chip in an extra $600-800 (depending on the state of origin) for sales tax.

However, the potential tax gains may be far lower than hoped. Although Act 41 was patterned after the South Dakota law, there are differences that sellers could focus on to question the law's validity. An error in calculating sales taxes could cause a small retailer to undergo a costly and time-consuming audit, or even audits by multiple state governments.

Boudreau is OK with a nationwide collection of sales taxes for online sales. Those retailers may face headaches complying with various state sales tax laws, though there are software options to help.

US Supreme Court Upholds Trump's Travel Ban
Wade , and he also constrained the bolder conservatives on the court, pulling them back a little bit. Republicans now have a razor-thin, two-vote margin in the Senate, and with Sen.

South Dakota taxes most products at a single rate, exempts small sellers and doesn't allow retroactive collection.

"Retailers have been waiting for this day for more than two decades", Shay said. The Court's 1986 decision in Complete Auto departed from this rigid analysis, and held that a state may tax interstate commerce so long as the tax (1) applies to an activity with a substantial nexus with the taxing state, (2) is fairly apportioned, (3) does not discriminate against interstate commerce, and (4) is fairly related to the services the state provides.

It also has started the process of collecting sales taxes for buying consumers in "more than 12,000 unique USA tax jurisdictions", following the ruling on South Dakota v. Wayfair. The Small Business & Entrepreneurship Council advocacy group said in a statement, "Small businesses and internet entrepreneurs are not well served at all by this decision". Many will face additional costs associated with obtaining software or services created to help them collect the taxes and remit to the appropriate state authorities. This type of federal legislative relief was also advocated by Chief Justice John Roberts in his dissenting opinion. If the business owner doesn't expect to reach a particular state's threshold, the company may not need to collect sales tax.

‘We welcome the additional clarity provided by the Courts decision today. Now, rivals will be charging sales tax where they hadn't before. The South Dakota Supreme Court invalidated the law because Quill Corp. v.

The Quill ruling applied to a case involving mail-order businesses and reflected a long-ago economy.

The Trump administration had urged the justices to side with South Dakota.

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