Saturday, 17 November, 2018

What's that extra in my online cart? Soon, maybe a sales tax

Sales tax now can be collected on online purchases due to a ruling from the U.S. Supreme Court Sales tax now can be collected on online purchases due to a ruling from the U.S. Supreme Court
Lindsey Cook | 24 June, 2018, 23:41

"We'd love to sit down with him and talk about this and educate him about the fairness of it", she said on "Talkline".

The Supreme Court decision ruled local governments can now decide if an online retailer that sells goods into the state, that don't have a physical presence, would have to register as a dealer and collect taxes. Online sellers that don't charge sales tax on goods shipped to every state include jewelry website Blue Nile, pet products site Chewy.com and clothing retailer L.L. Bean.

The problem the additional revenue creates, according to Washington County Commissioner Joe Grandy, is the way those online sales tax dollars are remitted back to local governments.

Likewise, Charles Maniace, Director of Regulatory Analysis for Sovos, said sellers should start preparing. States that don't have laws governing online sales tax are likely to move quickly to follow South Dakota's approach, including its threshold of $100,000 in sales, said Gary Botwinick, a lawyer at Einhorn, Harris, Ascher, Barbarito and Frost in New Jersey. It's also not known if Congress might set a uniform ceiling that all states would have to adhere to.

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

"Other states may, based on how their laws are now structured, may be able to enact economic nexus standards through DOR regulations, which cannot be done immediately but can be done fairly quickly".

Both women say they hope that the state representative will take action to have this law amended. The court gave South Dakota a victory, knocking aside the physical-presence rule as arbitrary and obsolete in the digital age. It is impossible for any one business to know. I don't think it ever went into effect because we were waiting to see (the Supreme Court ruling).

We asked David Campbell, CEO of TaxCloud the same questions.

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The high court decided that states have the right to mandate sales charges from retailers whether or not they have a physical location within the state. "While that is one possible response, we don't believe the situation is quite so absolute", he said.

Rep. Tom Reed, R-N.Y., said he supported the ruling's creation of a level playing field between online sellers and physical retailers.

The Trump administration had urged the justices to side with South Dakota.

"For this answer, it may be easier to answer the second part first: beginning when?" "The retail industry is changing, and the Supreme Court has acted correctly in recognizing that it's time for outdated sales tax policies to change as well". Until that case is resolved, South Dakota has already enjoined itself from enforcing that law on any out-of-state retailers.

Washington, Florida, South Dakota, Nevada and Tennessee get more than half of their total revenues from sales taxes, meaning big gains could be in store.

TaxCloud's Campbell advised sellers, "Take a deep breath".

"This is an issue for the Legislature, and legislation would have to be passed to authorize the state to enforce the collection of out-of-state sales taxes".

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