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Online retailer shares pressured by change in United States online tax regime

25 June 2018

Supreme Court clears way for states to collect... They often don't have the resources to handle the patchwork of sales taxes across multiple states, according to the retailers, while larger outlets like Amazon don't have that problem.

The Supreme Court ruled Thursday in South Dakota's favor after the state sued several online retailers in 2016 based on a separate law seeking to get them to collect the tax.

Krist said if he were governor, he would urge the Legislature to pass a bill requiring online retailers start collecting the tax right away. Legislative action has been stalled while the Supreme Court was deciding this case. "This is a big win for states that now they are able to tax more broadly".

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And for local brick and mortar stores, the ruling represents a level playing field. That earlier ruling placed the responsibility of paying the online sales tax on customers who generally did not realize they owed it. The results were published in the April 1 issue of BRAIN.

States can collect sales tax from online sellers even if those companies don't have a physical presence in the state, The Supreme Court ruled Thursday morning in a case with far-reaching implications for the future of online commerce.

The court's 5-to-4 decision could have an impact on millions of Americans nearly immediately.

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The case, known as South Dakota vs. Wayfair, overturned a 1992 ruling made by the high court at a time when e-commerce made up a much less significant portion of the economy. So it passed a law requiring all but the smallest retailers, including Internet companies, to collect taxes on the sales they make in the state, even if they had no physical presence there. "These critiques underscore that the physical presence rule, both as first formulated and as applied today, is an incorrect interpretation of the Commerce Clause", he wrote.

In a statement on Thursday, retail giant Target praised the ruling. "States are already confronting the complexities of defining physical presence in the Cyber Age", he wrote. This will create a new revenue stream from state and local governments. It sent the law back to South Dakota's highest court to be revisited. Besides the NRF, the National Sporting Goods Association and other retail trade groups had supported overturning the Quill decision.

Participating retailers collect a flat 8 percent tax on sales to Alabama, rather than rates that vary across hundreds of city and county tax jurisdictions.

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But many smaller online retailers are women, minorities, veterans and people with disabilities who have taken advantage of the protections granted by the Supreme Court and Congress over the years.

Online retailer shares pressured by change in United States online tax regime