Posted on 06/21/2018 7:58:37 AM PDT by Reno89519
WASHINGTON (AP) — The Supreme Court says states can force online shoppers to pay sales tax.
The 5-4 ruling Thursday is a win for states, who said they were losing out on billions of dollars annually under two decades-old Supreme Court decisions that impacted online sales tax collection.
The high court ruled Thursday to overturn those decisions.
snip
“Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the States. These critiques underscore that the physical presence rule, both as first formulated and as applied today, is an incorrect interpretation of the Commerce Clause,” he wrote.
(Excerpt) Read more at apnews.com ...
Amazon has a brick and mortar presence in any state that has a Whole Foods. They may still have a presence with their warehouses and distibution services even without WF.
How many states is Amazon not collecting sales tax in these days?
Why is it whenever I like a particular SC decision, it is not considered settled law and seems to get overturned? I love to see Roe get overturned but that has not happened.
Meanwhile, seems to be this may form a basis for national concealed carry. After all, if a company is now going to be required to enforce another states sales taxes, that state should also be required to follow the other states carry rules.
I guess the swing vote here, Kennedy, probably has a gig with Amazon as soon as he leaves office.
Are mail order catalog and phone sales still exempt?
Any programmer out there want to collaborate on a WooCommerce plugin?
As long as they do not turn me into their unpaid tax collector I am sanguine about it.
They say that I have to collect the sales tax from all my customers and remit to all 1000+ tax collecting agency in which they might live and I shut the website down.
Who collects the taxes?
When a citizen from one state buys from another state does that person pay both states’ taxes?.................
Once again, as is almost always the case, it looks like they’ve ruled on something that is not a genuine federal issue.
If this is regarding state taxes within the state, that is not within the authority of the feds or the Supreme Court. If applicable, the ruling should only apply where one state is taxing goods from another state, which I believe would be unconstitutional.
So it would appear this ruling is unconstitutional because it is not a genuine constitutionally-recognized federal issue, or unconstitutional if it involves one state taxing goods coming from another state.
They are just plain desperate. And Sutton's Law is still in force. So for businesses not presently unaffected, fear not, they'll get to you...
When the government services you good, you don't mind paying 50 percent of your money in taxes.
And when legislators didn't take enough, the Supreme Court passed a law to set things right.
As a small business, this is frightening. While South Dakota law has $100K threshold before requirement to collect taxes, will other states?
...
According to what I’ve read in another article, there probably will be legal pressure on other states to keep their laws simple like South Dakota’s and not be a burden on interstate commerce.
What an odd mix. Liberals against; liberals for. Conservatives against; conservatives for.
If I sell on eBay am I required to collect (and remit) sales tax for each location I sell to?
I used to purchase cigarettes online for personal use. One day I got a letter from the State saying they knew I was buying cigs and they wanted me to pay taxes on past purchases. The good news is that it was a small amount of money, so I just paid it. The bad news is that there was no longer any incentive for me to buy online, so I stopped. There is not much that works better than taxes to depress consumer enthusiasm.
I also sell on eBay and Amazon. They both automatically charge CA sales tax to California customers for me. If those sites could collect the various state taxes and automatically sent them to the states, I'd be fine with that. But if I had to file individual state tax forms, I'd just give up on selling online. (I'm nowhere near selling $100K out of state,so this would only matter if there was no ceiling.)
Maybe there should be one sales tax rate for online purchases so companies wouldn't have to fool with all the various state, county, city, special district tax rates. Say there's a universal 6-7% online tax. If I lived in a state where the tax rate was 4%, I'd still buy online for the convenience. I currently pay 9.5% sales tax when I shop locally. I don't think my local/online shopping habits would change just to save 3% on taxes.
I'd prefer to see the taxpayer have to pay the tax directly to the taxing agency, whether it's the state or local government. When the tax is included in the price (or taken out of a paycheck) the taxpayer often doesn't understand the full extent of the taxation.
If people had to write the check for every cent of tax they paid, maybe they would give more attention to how that money was spent.
“’Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the States. These critiques underscore that the physical presence rule, both as first formulated and as applied today, is an incorrect interpretation of the Commerce Clause,’ he wrote.”
That’d be for congress to decide bubba. Legislating from the bench.
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