Supreme Court rules that states can collect sales tax from online retailers

midian182

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Bottom line: It’s usually the case that buying something online is cheaper than buying it from a physical store. But a landmark ruling means purchasing goods from the internet is likely to become more expensive in the US. In a 5-4 ruling, the US Supreme Court has overturned a 1992 decision that prevented state and local governments from collecting taxes from retailers who lack a “physical presence.”

For those companies who don’t have any offices, warehouses, etc. in a given state, it’s been left to consumers to send the states the taxes on their purchases. This has resulted in billions of dollars of lost sales taxes every year, and given online retailers an advantage over their brick-and-mortar counterparts. Bloomberg estimates that broader taxing power will let state and local governments collect an extra $8 billion to $23 billion a year.

The original 1992 Quill vs North Dakota case related to mail-order catalog purchases. Justice Anthony Kennedy noted the difference between mail-order sales back then, which totaled around $180 billion, and ecommerce sales now. "Last year, ecommerce retail sales alone were estimated at $453.5 billion," he wrote. "Combined with traditional remote sellers, the total exceeds half a trillion dollars."

In 2016, South Dakota passed a law requiring out-of-state companies to collect sales taxes if their total sales exceeded $100,000 or at least 200 transactions.

The court added that companies such as Newegg, Wayfair, and Overstock “each easily meets the minimum sales or transactions requirement of the Act, but none collects South Dakota sales tax.”

While the decision could eventually see online prices rise, it won’t have much of an effect on Amazon. Like most of the other popular online retailers, it already collects sales taxes in all 45 states that require it. However, this only applies to items from its own inventory, not those from third-party sellers.

As reported by CNET, the National Retail Federation, a trade group that includes many of the largest brick-and-mortar US retailers, joined President Trump in hailing the decision as "a major victory."

"This ruling clears the way for 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," Matthew Shay, federation president and CEO, said in a statement.

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Just another tax for the middle class.

"This ruling clears the way for 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," Matthew Shay, federation president and CEO, said in a statement."

Yes, because clearly online sales and brick & mortar are the same /s. The burden this may place on small sellers to collect taxes may cause the few small business left in America to evaporate.

I'm sure everyone all the smaller online retailers are elated that they have to play by the same rules as big business.

If you are going to tax online sales, it has to be federal level. Now we have to deal with a bunch of states fighting over who gets to collect taxes on a transaction and at what rate. Some states collect based on receipt while others where it was shipped. Do small sellers have to file for a certificate of authority in every single state and file paperwork for every single state every month? There goes your weekend :(. How do small sellers account for regional tax rates like in NY? Are you going to have to look at a map to figure out the tax rate or are you going to have to pay a 3rd party a commission of 3% of every sale to handle the taxes for you?

Talk about opening a can of worms.
 
Just another tax for the middle class.

"This ruling clears the way for 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," Matthew Shay, federation president and CEO, said in a statement."

Yes, because clearly online sales and brick & mortar are the same /s. The burden this may place on small sellers to collect taxes may cause the few small business left in America to evaporate.

I'm sure everyone all the smaller online retailers are elated that they have to play by the same rules as big business.

If you are going to tax online sales, it has to be federal level. Now we have to deal with a bunch of states fighting over who gets to collect taxes on a transaction and at what rate. Some states collect based on receipt while others where it was shipped. Do small sellers have to file for a certificate of authority in every single state and file paperwork for every single state every month? There goes your weekend :(. How do small sellers account for regional tax rates like in NY? Are you going to have to look at a map to figure out the tax rate or are you going to have to pay a 3rd party a commission of 3% of every sale to handle the taxes for you?

Talk about opening a can of worms.

Think too of the mom-and-pop shops that also have to pay someone to update their website/online presence to support this if they do not already have tax collection in some simple form. This is potentially no small task and no small fee to develop and maintain since we all know how quickly state laws change regarding taxes EVERY YEAR. :/
 
The silly thing is its totally broken. If your going to collect sales tax at the state level they should collect it from the state the seller is located in. That way the seller only needs to comply with a single set of laws and states are forced to compete for the business since a state with high sales taxes wouldn't be as business friendly as one with lower sales taxes. The justification for collecting sales taxes is to pay for services used, and we play along that the customer is the one paying the sales tax, but since the business has to collect it and the business is the one punished if its wrong or not collected then its only the customer "paying" the tax in fantasy.

Just have the business pay the tax and have them pay the tax for the state they operate out of not the state they ship it too (since that state doesnt actually do anything other then be the packages destination it shouldnt be collecting the proceeds from a sale that occurred at a business outside their state).

Instead it will play out exactly like another commenter said. It will require large extra costs for smaller retailers to collect the taxes in X states, and to update their websites, etc etc. I expect some retailers to restrict sales to some of the more difficult states as well to simply avoid the problem.
 
There are already companies that for a fee provide software and related services to facilitate the collection of sales taxes for various states that have sales taxes (not all do, yet). So it's not so difficult for websites but it will increase their expenses. Don't get me wrong, I dislike this as much as anyone but I'm just saying implementation won't be that difficult for most except for the cost, of course.
 
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