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Justice Anthony Kennedy had essentially invited a test case to overrule Quill Corp. v. North Dakota and its physical-nexus rule for the states being able to require out-of-state retailers to collect sales tax. So it was not a huge surprise that Kennedy had the opinion for the court today in South Da
Scott Peterson of Avalara discusses the South Dakota v. Wayfair decision, including how companies and states are faring five years later and what could be next.
This week marks the start of the Supreme Court’s final oral argument sessions of the current term. The justices will hear arguments in several important cases, including challenges to the constitutionality of administrative law judges, state sales taxes for out-of-state online retailers, and the infamous Trump “travel ban,” making this month one to watch. South Dakota v. Wayfair
Small online businesses and consumers around the country will suffer the most from the Supreme Court’s ruling Thursday in South Dakota v. Wayfair Inc. It’s now up to Congress to protect internet retailers from taxes imposed by states other than their own.
Small and midsize online stores are being put out of business one tax bill at a time. The Supreme Court ruled almost two years ago that all 50 states and tens of thousands of local tax jurisdictions are permitted to reach outside their borders and require out-of-state internet retailers to collect and remit local sales taxes. Steve Jenson, a Utah bookseller, told Bloomberg Tax he recently got hit with a $200,000 bill from Washington state for taxes he was not previously required to collect. States across the country are sending bills for 10 years of back taxes.