Alert - New Sales Tax Rules - South Dakota v. Wayfair, Inc.

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In a five (5) to four (4) decision, issued June 21, 2018, the Supreme Court ruled that states have the power to make businesses collect sales taxes, even in circumstances where the business does not have a physical presence. Prior to this ruling and commonly observed in the online retailing space, businesses were not required to collect sales tax on transactions if the business did not have a physical presence in the state of the customer. This physical presence standard originated from the Quill Corp. v. North Dakota decision, which ruled that businesses need to have at least some physical connection with a state for that state to require that company to pay taxes. In our current economy, this created what many believed to be a significant loophole and also a means for out of state...
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