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US Supreme Court Says Online Shoppers Can be Forced to Pay Sales Tax

by ECT

The United State Supreme Court ruled Thursday that States will be able to force shoppers to pay sales tax when they make online purchases.

According to the case:

South Dakota v. Wayfair, Inc. (17-494)

Quill Corp. v. North Dakota, 504 U. S. 298, and National Bellas Hess, Inc. v. Department of Revenue of Ill., 386 U. S. 753—which held that a State cannot require an out-of-state seller with no physical presence in the State to collect and remit sales taxes on goods the seller ships to consumers in the State—are overruled.
At least 40-states had asked the Supreme Court to overturn the decision which had cost them billions of dollars in lost revenue each year.  The ruling was overturned in a 5-4 ruling.
According to the 40-page decision, the Justice said the previous laws were flawed. Now, under the overturned ruling, if a business was shipping a customers purchase to a state where they didn’t have a physical presence such as an office, warehouse, the business now could have to collect the states sales tax.
The court explained that the physical presence rule did not apply to modern day e-commerce:
The Quill Court itself acknowledged that the physical presence rule is “artificial at its edges.” 504 U. S., at 315. That was an understatement when Quill was decided; and when the day-to-day functions of marketing and distribu­tion in the modern economy are considered, it is all the more evident that the physical presence rule is artificial in its entirety. Modern e-commerce does not align analytically with a test that relies on the sort of physical presence defined in Quill. (page 19)
Justice Anthony Kennedy added:
Some companies, including the online behemoth Amazon,* now voluntarily collect and remit sales tax in every State that assesses one—even those in which they have no physical presence. See id., at 10. To the extent the physical-presence rule is harming States, the harm is apparently receding with time. (page 37)

 

He also explained how online retailers who have physical presence say the current law was unfair (APPLE, Macy’s, Target, and Walmart) because they were already collecting sales tax whereas online retailers were not–some were able to avoid charging sales tax.

Here is a Press Release from the National Retail Federation:

NRF says Supreme Court sales tax ruling creates ‘fair and level playing field’ between online and local retailers

WASHINGTON, June 21, 2018 – The National Retail Federation issued the following statement from President and CEO Matthew Shay in response to a U.S. Supreme Court ruling in South Dakota v. Wayfair allowing states to require online sellers to collect sales tax the same as local stores.

“Retailers have been waiting for this day for more than two decades. The retail industry is changing, and the Supreme Court has acted correctly in recognizing that it’s time for outdated sales tax policies to change as well. This ruling clears the way for a fair and level playing field where all retailers compete under the same sales tax rules whether they sell merchandise online, in-store or both.”

The court this morning upheld a 2016 South Dakota law that requires online merchants with more than $100,000 in annual sales to state residents or 200 transactions with state residents to collect sales tax.

NRF argued in a friend-of-the-court brief last year that the court’s 1992 Quill Corp. v. North Dakota decision was outdated and that sales tax collection is no longer the burden it might once have been due to changes in technology. In the brief, NRF cited a wide variety of software available to automatically collect the sales tax owed, much of its available free or at low cost.

NRF and other retail groups said in a second brief filed this year that lack of uniform collection is “inflicting extreme harm and unfairness” on local retailers by “distorting the retail market in favor of absentee ecommerce.”

The court agreed, noting “It is unfair and unjust to those competitors, both local and out of State, who must remit the tax; to the consumers who pay the tax; and to the States that seek fair enforcement of the sales tax, a tax many States for many years have considered an indispensable source for raising revenue.”

NRF has been a leading voice for equal sales tax rules for years, saying that Quill gave online sellers an unfair price advantage over local merchants.

Learn more here.

About NRF
The National Retail Federation is the world’s largest retail trade association. Based in Washington, D.C., NRF represents discount and department stores, home goods and specialty stores, Main Street merchants, grocers, wholesalers, chain restaurants and internet retailers from the United States and more than 45 countries. Retail is the nation’s largest private-sector employer, supporting one in four U.S. jobs — 42 million working Americans. Contributing $2.6 trillion to annual GDP, retail is a daily barometer for the nation’s economy.

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1 comment

Greed Jun 21, 2018 - 12:27 pm

Everybody wants a piece of the pie and hardworking people take it up the pooper.

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