Last month we reported that a pending U.S. Supreme Court case, South Dakota v. Wayfair, Inc. (U.S. S.Ct., Dkt. No. 17-494, 06/21/2018), might expand the rights of states to impose their sales and use taxes on out-of-state sellers. The Court’s June 21, 2018 Wayfair decision has done exactly that.
The decision overturned the physical presence requirement, a 51-year-old standard for determining when remote sellers must collect sales or use taxes on behalf of states other than their own. Now, a state may impose registration and collection requirements even if there is no physical presence inside the destination state in which the […]