Florida retailers cheer Supreme Court online sales tax decision

Supreme Court rules that states may require online retailers to collect sales taxes

States such as South Dakota, which have no income tax and rely heavily on sales taxes, stand to gain the most from the new ruling, according to a Barclays research note.

The cases the court overturned said that if a business was shipping a customer's purchase to a state where the business didn't have a physical presence such as a warehouse or office, the business didn't have to collect sales tax for the state. That decision established that online retailers only had to collect the state sales tax in states where they had a physical presence.

In 2016, South Dakota passed a law requiring any retailer that conducts at least 200 transactions or has at least $100,000 in annual sales within its borders to collect sales tax, regardless of whether the business has a location in the state.

Meanwhile, a statement release Thursday said the state Chamber was "very pleased" with the decision.

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"Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the States", he wrote in an opinion joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito and Neil Gorsuch.

Brick-and-mortar retailers cheered the decision.

New Yorkers will soon have nowhere to hide from the steep sales tax. "Today, the Supreme Court applied bacon grease to the slippery slope of states taxing and regulating outside their borders", Andrew Moylan, Executive Vice President of the National Taxpayers Union Foundation and head of the organization's Interstate Commerce Initiative, said of the ruling.

"Startups and small businesses may benefit from the physical presence rule, but here South Dakota affords small merchants a reasonable degree of protection", the ruling says.

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Amazon adds the fee for all items it sells directly, though an estimated 52 percent of its sales come from third-party vendors not required to remit taxes. The DOR decided that as long as a company is doing business in MA using computer software or hardware located in the state, or is using Massachusetts-based delivery services or payment processors, that counts as having a physical presence in the state. Consumers were supposed to voluntarily pay sales taxes on remote purchases, although it rarely happened.

That's because lawmakers in Olympia have already moved to expand online sales-tax collections in bits and pieces. All but five states impose sales taxes.

Now it's up to Congress to figure out a system for interstate commerce that's simple enough for small businesses to manage while still allowing states to determine how taxes will be collected. "Big victory for fairness and for our country". Marketplace sellers weren't previously required to automatically collect sales tax on their sales, and the ruling may hurt their sales. First, the Act applies a safe harbor to those who transact only limited business in South Dakota. That position was to target huge retailers, without hitting smaller shops who sell their wares through eBay and Amazon. He also had supported Nebraska joining with 33 other states and the District of Columbia previous year in supporting South Dakota's case before the high court.

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