Not all states are cheering the Supreme Court's ruling. Officials in New Hampshire, which doesn't have a sales tax, say the decision could force its businesses to collect taxes for other states. Republican Gov. Chris Sununu and Democratic lawmakers also said the ruling will create red tape that hinders the ability of small businesses to grow and create jobs.
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None of them ever passed, though. With the Supreme Court stepping into the fray on the Wayfair decision, it’s unlikely the federal government will be too anxious to dive back into this issue anytime soon. That said, as states get increasingly aggressive in their sales tax collection strategies, legal experts expect a long road of litigation and legislative changes ahead. That could provoke federal lawmakers to get involved.
Regardless of what happens with the proposed federal legislation, the Supreme Court's decision in the Wayfair case is expected to mean the collection of substantially more money for states from sales tax. And for remote sellers, the decision may mean they will need sales tax software to keep up to date on which states and localities collect sales tax and at what rate.
A 1992 Supreme Court decision (the Quill v. N. Dakota case) attempted to address the issue of internet transactions. According to the Tax Foundation, the Quill decision said that a business "must have a physical presence in a state in order to require the collection of sales or use tax for purchases made by in-state customers." This physical presence is called a tax nexus. The tax nexus concept originally meant a physical building, office, warehouse, retail store, or employees selling in the state.
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One small business owner Chad White, the owner of Class-Tech Cars, a Virginia-based small business that sells reproduction automotive parts online, recently testified before Congress that he has a part-time employee who — before the Wayfair decision — was able to collect and remit all applicable sales taxes in just a few hours each week. However, White said the ruling in the case “gives me, and millions of small businesses across the country, pause as we consider what lies ahead for Internet-enabled entrepreneurs.”
On top of that, states are continually introducing new tax laws and modifying old ones to capture revenue on everything from streaming media to bicycles. This last one, oddly enough, was passed in Oregon, arguably one of the more bicycle-friendly states in the country, as part of a transportation bill designed to raise money for infrastructure funding.
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