SST Governing Board Considers "Best Practices" Matrix and Marketplace Fairness Implementation; SLAC Contemplates Digital Goods Sourcing

by Eversheds Sutherland (US) LLP
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The Streamlined Sales Tax Governing Board (SSTGB), as well as its State and Local Advisory Council (SLAC) and Business Advisory Council (BAC), assembled in Minneapolis this week to discuss a number of policy matters related to Streamlined Sales and Use Tax Agreement (Agreement). The overarching theme, however, was the continued viability of the Agreement in light of the Marketplace Fairness Act as it moves through Congress. This Legal Alert summarizes the more notable issues addressed in Minneapolis, particularly how the SSTGB plans to hit “refresh” on the Agreement if the Marketplace Fairness Act is signed into law.

“Best Practices” Matrix Proposal -

The SSTGB on May 15 moved forward with proposed amendments to the Agreement that would implement new “best practices” matrix provisions. The best practice matrix will provide a forum by which member states can agree to address an issue without taking the more formal steps of amending the Agreement or adopting an SSTGB interpretive rule. The SSTGB members who sponsored the best practices matrix amendments stated that the process should provide transparency and certainty for taxpayers and flexibility for member states and potential member states. In general, the business community and state legislators present at the meeting agreed with that sentiment.

Although only subject to a majority vote of full member states present to move forward, the SSTGB by a vote of 18 to 1 approved the revisions to the proposed best practices matrix amendments. The final amendments will be subject to a three-fourths vote of full member states at the SSTGB’s annual meeting before becoming part of the Agreement.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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