Supreme Court's Wayfair tax decision sidelines Quill

Anna Jefferson
June 22, 2018

The National Retail Federation called the decision "a major victory" for retailers.

"It is a big day, especially for Main Street retailers, community retailers", Nustad said. North Dakota, which held that only those businesses with a physical presence in a state had to collect sales taxes from customers in that state. "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".

Strategic Resource Group's Burt Flickinger on the Supreme Court ruling that states can collect sales tax on out-of-state purchases.

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Many bike retailers do some e-commerce to complement their brick-and-mortar sales.

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Mail-order sales totaled around $180 billion in 1992 - today, online sales account for $453.5 billion alone, and traditional mail-order revenues push that figure past a half-trillion dollars, according to the ruling. All Florida taxpayers will benefit from today's ruling, which will bring equity and fairness to Florida's sales and use tax. The results were published in the April 1 issue of BRAIN.

Consumers can expect to see sales tax charged on more online purchases - likely over the next year and potentially before the Christmas shopping season - as states and retailers react to the court's decision, said one attorney involved in the case.

The Court's decision was 5 to 4. Last year, e-commerce retail sales alone were an estimated $453.5 billion. However, nothing will actually change until states (or the federal government) enact new regulations to force the collection of sales tax. Kennedy said that position was archaic, "unsound and incorrect" in the internet age.

The bill, which was signed into law by Gov. John Bel Edwards, positions Louisiana to take advantage of the ruling and start requiring internet retailers to collect sales taxes. Until now, online retailers with no physical presence in a state were not.

Smaller sellers who use eBay and Etsy also haven't been collecting sales tax nationwide.

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The exact impact of the ruling on Florida's sales tax collections is unknown but it could be significant.

Internet companies opposed to the South Dakota law appealed. "For centuries, states have threatened the free flow of interstate commerce by attempting to tax and regulate businesses all across the country, regardless of location".

At issue was the court's 1992 decision in Quill v.

Without that, there's theoretically nothing stopping a state from copying South Dakota's laws and insisting that all online retailers above a certain size collect sales tax.

Some online retailers have already been collecting some state taxes.

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"Some Amazon third-party sellers will now have to assess taxes on shoppers, but I don't think it will come as a shock to customers", Kodali said.

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