June 25, 2018

Last week the U.S. Supreme Court found in favor of the state of South Dakota in South Dakota v. Wayfair, Inc., overturning a 1992 Quill decision that required businesses to have a physical location in a jurisdiction for the state to collect sales tax. In a 5-4 vote, the Supreme Court overturned the ruling because the 1992 case no longer applied in an era of ecommerce. This new ruling means state and local governments can require internet sellers to collect sales tax, even if they do not have a physical location. Justice Anthony M. Kennedy said the Quill decision could be causing states to lose tax revenue of up to $33 billion annually.