News & Analysis as of

South Dakota v. Wayfair State Taxes

Jackson Lewis P.C.

New York Expands Rationale For State Income Tax “Convenience Rule”

Jackson Lewis P.C. on

The November 30, 2023, opinion of a New York administrative law judge in In the Matter of the Petition of Edward A. and Doris Zelinsky upholds the state’s so-called income tax “convenience rule” with an expanded legal...more

Bradley Arant Boult Cummings LLP

A cautionary tale: Challenges for firms in Wayfair compliance

Law firms periodically receive requests for advice from CPAs regarding a client’s need to come into compliance with the relatively new and sometimes confusing “economic nexus” or “Wayfair” rules for selling goods or providing...more

Blank Rome LLP

Limitations on the Ability to Tax

Blank Rome LLP on

In the post-Wayfair age, the challenges to a jurisdiction’s ability to tax have decreased. However, the pandemic brought a slew of new tax considerations and emergency rules and legislation, which have resulted in a steady...more

Troutman Pepper

State Taxation of Remote Sellers: US Supreme Court Declines Review of First Post-Wayfair Decision from a State Supreme Court

Troutman Pepper on

In determining whether the commerce clause of the U.S. Constitution prohibits a state’s taxation of a remote seller, the U.S. Supreme Court for decades has upheld a tax if (1) there is a substantial nexus between the taxing...more

Bowditch & Dewey

The Wayfair Decision: How Technology is Changing State Tax Laws

Bowditch & Dewey on

The U.S. Supreme Court decision in South Dakota v. Wayfair, Inc. 138 S. Ct. 2080 (2018) upended how businesses think about state tax compliance. In Wayfair, the Court upheld a South Dakota sales tax law that taxed...more

Troutman Pepper

Trends to Watch in State and Local Tax

Troutman Pepper on

We have been living with the pandemic for nearly two years. During these two years, much has changed in the workplace and how companies conduct business. Teleworking is certainly one aspect of our “new normal,” however, many...more

Akerman LLP - SALT Insights

Word Play: The Curious Case of Economic Nexus Legislation in Florida

In June 2018, the United States Supreme Court in Wayfair held that the physical presence of the taxpayer was no longer a prerequisite for imposition of a sales tax. In so doing, the Court blessed the concept of “economic...more

Freeman Law

Why State And Local Tax Due Diligence Is Important

Freeman Law on

Why is State and Local Tax (SALT) due diligence important in mergers and acquisitions?  Someone else’s issues may be your headache and cost you a lot of money!...more

Freeman Law

On-line Retailers and Remote Sellers: Sales and Use Taxes

Freeman Law on

The Supreme Court of the United States’ decision in Wayfair, in June 2018, changed the landscape for sales and use taxes nexus for on-line retailers and remote sellers. Due to budgetary deficits the states are facing due to...more

Freeman Law

State and Local Tax Nexus

Freeman Law on

This article is the first of a three-part series regarding the State and Local Tax consequences of doing business in multiple states. Part 1 will discuss Nexus, Part 2 will discuss Voluntary Disclosures, and Part 3 will...more

Freeman Law

State and Local Tax Voluntary Disclosure

Freeman Law on

This article is the second of a three-part series regarding the State and Local Tax consequences of doing business in multiple states.  This article will discuss Voluntary Disclosure, Part 1 discussed Nexus and Part 3 will...more

Farrell Fritz, P.C.

State Taxation Of Telecommuting Employees And Their Nonresident Employers

Farrell Fritz, P.C. on

Mending Walls- “Good fences make good neighbors,” or so Robert Frost’s neighbor from “beyond the hill” says to him when “on a day” they “meet to walk the line and set the wall between” them “once again.” The neighbor...more

McGuireWoods Consulting

Florida Legislative Update: Wayfair

McGuireWoods Consulting on

Online Tax Consideration Expected to Make Headway in 2021 - Online taxation will be a hotly contested issue in the 2021 Florida legislative session, potentially reaching into every industry that sells goods and services...more

Parker Poe Adams & Bernstein LLP

Amicus Brief filed for Council On State Taxation in South Carolina Amazon Dispute

On December 9, Kay Miller Hobart and Madison Felder filed an amicus brief on behalf of the Council On State Taxation (COST) and its more than 500 members in the closely watched case of Amazon Services, LLC v. South Carolina...more

Ward and Smith, P.A.

Web-Based Businesses and Other "Remote Sellers" Beware – A Morass of Sales Tax Obligations Are Upon You

Ward and Smith, P.A. on

Sales Tax Obligations — Businesses with a Physical Presence in a State - It should come as no surprise that almost all states require businesses with a physical presence in a state and that sell goods or services in the...more

Akerman LLP - SALT Insights

Tennessee, North Carolina’s Changing Nexus Standards – Seeking Revenue, and Reducing Economic Nexus Thresholds

On June 30, 2020, the Tennessee legislature passed SB 2932 which reduces the economic nexus sales threshold for remote sellers from $500,000 to $100,000 in the past 12-month period. It also makes the same reduction in the...more

Harris Beach PLLC

Streaming Revenue: Potential Taxing Changes in 2020

Harris Beach PLLC on

This post is part of our ongoing series on issues that municipalities may face in 2020. Will digital streaming services such as Netflix become a source of revenue for municipalities this year? Recent legal decisions may...more

Akerman LLP - SALT Insights

New Hampshire Passes Anti-Wayfair Remote Tax Legislation

Most states impose sales or use tax on tangible personal property sold or consumed in the state. However, five states – Alaska, Delaware Montana, New Hampshire, and Oregon – do not impose such a tax....more

Buckingham, Doolittle & Burroughs, LLC

Ohio Sales / Use Tax: Ohio joins the wave by enacting Wayfair economic nexus standards and expanding collection obligations to...

Nexus for Ohio sales / use tax collection expands effective August 1, 2019 to include out-of-state sellers and marketplace facilitators that deliver at least $100,000 of sales or 200 transactions to Ohio. Ohio’s General...more

Morgan Lewis

State Sales Tax Happenings in the Wake of Wayfair

Morgan Lewis on

Since the US Supreme Court’s June 21, 2018, decision in South Dakota vs. Wayfair, Inc. , many of the 45 sales tax-collecting states have been making moves to put laws and processes in place for tax collections for...more

Williams Mullen

Virginia Issues Guidance for Remote Sellers Concerning Sales and Use Tax Collection Requirements

Williams Mullen on

The Virginia Department of Taxation issued guidelines for the new laws requiring remote sellers, marketplace sellers, and marketplace facilitators to register and collect Virginia sales and use taxes.  (See Guidelines for...more

Akerman LLP - SALT Insights

Removing Transaction Thresholds – Where Does Wayfair Go From here?

Last year, the U.S. Supreme Court ruled in South Dakota v. Wayfair that economic nexus is constitutional for sales tax purposes. South Dakota’s economic nexus statute at issue in the case included an economic threshold of at...more

Akerman LLP - SALT Insights

Annie Get Your Gun: Wayfair And The Unresolved Ambiguities Of Sales Tax Nexus

In the late nineteenth century, Annie Oakley was arguably the most famous woman in the country. She was renowned for her skill as a sharpshooter and traveled the country in Buffalo Bill’s Wild West Show performing...more

Akerman LLP - SALT Insights

In The Wake Of Wayfair, New York Will Enforce Sales Tax Economic Nexus

On June 21, 2018, in its South Dakota v. Wayfair, 138 S. Ct. 2080 (2018), decision, the U.S. Supreme Court reversed its “physical presence” nexus test established over a quarter century earlier in Quill Corp. v. North Dakota,...more

Cole Schotz

Post-Wayfair New York Gearing Up To Enforce Once Dormant Economic Nexus Statute To Collect Sales Tax From Out-Of-State Businesses

Cole Schotz on

Since the U.S. Supreme Court issued its decision in South Dakota v. Wayfair, 138 S.Ct. 2080 (2018), this past summer reversing its long-standing “physical presence” nexus test under Quill Corp. v. North Dakota, 504 U.S. 298...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide