Supreme Court's online sales tax ruling gives states a win

Supreme Court's online sales tax ruling gives states a win

Consumers can expect to see sales tax charged on more online purchases - likely over the next year and potentially before the Christmas shopping season - as states and retailers react to the court's decision, said one attorney involved in the case.

A 2015 estimate put the total loss to states at $26 billion. The state could bring in up to $40 million more per year from taxing online sales, he estimated. "As much as I like the internet, real harm has been done", says Mike Brey, owner of two Hobby Works stores in Maryland. North Dakota (Quill), in which the Supreme Court held that states could only require a company to gather and submit sales tax on its transactions if it maintained an in-state physical presence.

"The internet's prevalence and power have changed the dynamics of the national economy", Justice Anthony Kennedy wrote in the court's majority opinion. It's rarely enforced on individual purchases, however, according to Grant Thornton sales tax expert and University of Minnesota adjunct professor Dale Busacker.

Big Supreme Court win on internet sales tax - about time!

Jackley says it may take several months before the state law can be applied to all online retailers. USA Today points out that most of the top 20 e-commerce sellers already collect sales taxes in most states because they have warehouses or local showrooms there or because state laws can successfully reach them. Some did this to avoid having to provide state governments with their customer data so that the state could charge consumers directly, says Stephen Kranz, a partner at the law firm McDermott Will & Emery.

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Hearst said MA shoppers who want to avoid paying a state sales tax, travel to New Hampshire. Marketplace sellers weren't previously required to automatically collect sales tax on their sales, and the ruling may hurt their sales. That case involved Colorado's attempt to collect taxes from online retailers indirectly by making them report sales to the state. The company automates the processes of determining taxability and applicable tax rates. While retailers were not required to collect sales tax, that tax was technically still owed.

Governor Eric Holcomb said he wants to take a look at what the ruling will mean for IN, and the taxes collected here.

The 5-4 decision overturns a Supreme Court Ruling made in 1992 that prevented the practice. "This is a victory for Alabama's Main Street retailers".

The retail industry hailed the decision. "Our 4,200 retail members and our association have advocated for this decision for decades".

His administration wrote a brief in defense of South Dakota's position and the president has taken issue with Amazon's tax collection policies over Twitter. Previous efforts have included exemptions for some small sellers and requirements that states offer simplified assessment and remittance procedures.

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