To the great disappointment of many small business owners and supporters of federalism, the Supreme Court’s recent decision in Wayfair v. South Dakota opened the door for states to impose an internet sales tax, even on businesses that have no physical presence in their borders. Because Congress has the constitutional authority to regulate interstate commerce, it is now considering ways to address this newfound taxing authority. Congress must take this opportunity to use its power to protect small businesses from these taxes and perhaps to at least work to slow the process down while a long term solution is explored. The strength of the American economy depends on it.
“After I made my comments earlier this year I had the opportunity to talk to several retail stakeholders and realized that by not collecting these taxes we were creating an unfair disadvantage to main street businesses in West Virginia,” said the Governor in a statement released by his office. “By collecting sales tax on transactions with out-of-state internet retailers we level the playing field for our local businesses.”
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CHARLESTON, W.Va. — The West Virginia Retailers Association is pleased with a change of heart by Governor Jim Justice. This week the Justice Administration announced a change in tax policy in which internet companies who do business in the Mountain State will have to collect and remit West Virginia sales tax for online purchases, even though those companies have no brick and mortar presence in the Mountain State. . Earlier this year, Governor Justice announced he would oppose the change out of a concern for putting another burdensome tax on consumers.
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However, that has not necessarily been the case for affiliate sellers on Amazon. Because these sellers didn’t have a physical presence in many, or in some cases any, areas where their products were sold, they often did not charge sales tax. But now that they are required to, it may not be that easy for those sellers to just flick a switch and become compliant.
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