Monday, 16 July, 2018

Supreme Court Rules States Can Charge Online Shoppers Sales Tax

Supreme Court rules that states may require online retailers to collect sales taxes In Wayfair case, Supreme Court to let states collect Internet sales tax
Lloyd Bates | 22 June, 2018, 18:42

El Paso, TX - The Supreme Court ruled on Thursday that local and state governments can now force online retailers to collect sales tax in states where they do not have an online presence such as a storefront or a warehouse.

The case originated from a lawsuit that the state of South Dakota had filed against four online retailers, including the online furniture retailer Wayfair.

Shares of Amazon and other online retailers fell Thursday morning after the Supreme Court ruled that individual states can require tax collection on digital sales.

The National Retail Federation, a trade association, cheered Thursday's ruling, saying it would help to create 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".

For the full story, head on over to CNN Money. The decision was also having an impact on states' bottom line, Kennedy said, citing estimates that states are losing $8 billion to $33 billion a year in sales tax revenue.

South Dakota concluded in 2016 that the explosion in online sales changed the market dramatically.

The Supreme Court said the physical presence rule was "unsound and incorrect".

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It's the smaller businesses - some of which are third-party sellers on eBay and Amazon - that could see a greater impact.

"With the appropriate action by the Legislature and Florida Department of Revenue, not only will the state be able to collect the sales and use tax that has always been legally due, but Floridians will no longer be unknowingly breaking the law".

"The decision leaves e-commerce and especially small sellers extremely vulnerable to states gluttonous for tax revenue particularly from consumers and businesses with no representation in their state", said Tom Giovanetti, president of the Institute for Policy Innovation.

Some retailers argued it's unreasonable to expect businesses to monitor and comply with sales tax regulations in parts of the country where they have customers, but no operations.

Georgia residents will have to pay sales tax on almost all online purchases following a U.S. Supreme Court decision Wednesday in a South Dakota case. "If you're buying online from Walmart or Target, you're still paying sales taxes". "These issues are not before the Court in the instant case; but their potential to arise in some later case can not justify retaining this artificial, anachronistic rule that deprives States of vast revenues from major businesses".

"Attempts to apply the physical presence rule to online retail sales are proving unworkable". That will open the door to more states passing laws similar to South Dakota's. Trump's own online store, TrumpStore.com, only collects sales tax in two states, according to The Wall Street Journal.

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