Sunday, 23 September, 2018

With Quill Protection Gone, What Should Online Sellers Do?

The U.S. Supreme Court building The U.S. Supreme Court building
| 24 June, 2018, 23:50

The 5-4 court opinion finally recognizes the impact of the internet and acknowledges commerce has changed since the court ruled in the 1960s and early 1990s that businesses had to have a physical presence in the state before the state could require them to collect state and local sales taxes. The court ruled Thursday that states can require online retailers to collect sales taxes even if the retailers do not have a physical presence in the state. Some estimates claim that sales tax avoidance was a great benefit to shopping online - possibly worth $8 billion to $33 billion in uncollected taxes per year. B&H doesn't require that buyers pay sales tax if they place orders outside of NY or New Jersey, and while you're supposed to later pay those uncollected funds when tax time comes around, the vast majority of people don't. It may be hard and costly for Kadlubeck to comply as many states will demand that online sellers in other states collect sales tax from buyers in their states.

"When I took office and our state was struggling financially, at that desperate time, I might have considered supporting legislation to enforce West Virginia sales tax on out-of-state transactions", Justice said.

"You will certainly see, absent congressional action, significant litigation as states try to push the envelope on this", said Mike Dabbs, eBay's senior director of government relations. Small and medium size businesses are most negatively impacted These business are faced with a huge problem because compliance is complicated. The Quill decision, based on an interpretation of the Constitution related to interstate commerce, gave a boost to mail-order firms, which would have struggled with the paperwork burdens of collecting and remitting sales taxes nationally.

The decisions had resulted in some companies not collecting sales tax on every online purchase. The use tax Many states have a use tax equivalent to the sales tax that applies to online purchases but most online businesses do not comply with it. Some states have exemptions for collecting sales tax. "I think that needs to be part of the discussion is that the potential of these new sales tax dollars could create a situation where we could lower taxes in other areas", Hawk said.

Washington, Florida, South Dakota, Nevada and Tennessee get more than half of their total revenues from sales taxes, meaning big gains could be in store. He believes the new ruling will "level the playing field" for brick and mortar stores in West Virginia. Brey, who also has an online business, has closed three stores.


"They've been getting an unfair advantage for 20 years".

We asked some vendors of sales-tax services for their advice.

Georgia state officials have been pushing for more internet retailers to pay taxes in recent years.

In Oklahoma and in Norman, the biggest online retailer, Amazon, was already voluntarily remitting sales tax which comes to the city from the Oklahoma Tax Commission as a use tax.

What it means for out-of-state retailers is that sales tax nexus is no longer exclusively based on a physical presence standard. The NRF had argued in a friend-of-the-court brief previous year that there's a wide variety of software available to automatically collect the sales tax owed.

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