Supreme Court's Wayfair tax decision sidelines Quill

Supreme Court's Wayfair tax decision sidelines Quill

Supreme Court's Wayfair tax decision sidelines Quill

Louisiana is one of the states that can now collect taxes on retail sales over the internet after a Thursday morning ruling by the U.S. Supreme Court.

The Supreme Court of the United States ruled Thursday that online retailers can add state tax to their sales, even if they do not have a physical location in that state.

But the high court said it was time to overturn those cases.

"The Internet's prevalence and power have changed the dynamics of the national economy", wrote Justice Anthony Kennedy in the majority opinion. 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. States also argued against the previous statute, saying that it reduced their potential revenue from sales taxes as more consumers turn to digital shopping options.

Amazon has always been the "poster child" for this problem/opportunity as they have been the dominant online-only retailer for some time.

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Most states would need to pass legislation before seeking to collect the additional taxes, although some have already enacted laws or regulations similar to South Dakota's. Amazon only charges tax for purchases made directly from the online shop, but independent sellers using the site are not required to do so. "Issues regarding smaller mom-and-pop retailers, and the amount of sales necessary to impose the collection obligation on them, would be decided on a case-by-case basis", he said.

"Any adjustment to those rules with the potential to disrupt the development of such a critical segment of the economy should be undertaken by Congress", Roberts wrote in a dissent joined by Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor.

South Dakota concluded in 2016 that the explosion in online sales changed the market dramatically. The company maintains that it has been collecting tax in all 45 states which require it.

South Dakota specifically brought this lawsuit against Wayfair, Overstock.com, and Newegg.

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