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.”
As the National Taxpayers Union argued in endorsing the Sensenbrenner bill, “Absent congressional action, billions of dollars in interstate commerce and millions of small businesspeople face the threat of back-tax bills, complicated collection obligations, and nationwide tax and audit responsibilities simply for having the temerity to use the internet to reach buyers.”
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For basic guidance on how physical presence is defined under Texas law, consult Section 151.107 of the Texas Tax Code (Tax Law), which provides a variety of definitions for “RETAILER ENGAGED IN BUSINESS IN THIS STATE.” The first of the statutory definitions refers to maintaining a place of business in the state directly, or indirectly or through a subsidiary or agent. The fifth definition acts as something of a catch-all, by stating that a retailer who solicits orders by mail or other media can be required to collect and pay sales tax if permitted by federal law.
The other important factor in this equation is that the variables keep changing. It’s not like you can build a massive spreadsheet today and be ready for business tomorrow. Many states who were watching the Supreme Court case from the sidelines are about to pass new legislation. Six of them – Illinois, Iowa, Connecticut, Hawaii, Kentucky, and Vermont – already had laws in the works prior to the Supreme Court decision that were loosely modeled on the South Dakota law, and are slated to go into effect by January of next year. Others, such as Washington, emboldened by the Court’s decision, quickly introduced new legislation. Washington’s Department of Revenue announced the state’s new tax on out-of-state retailers on August 3 which will take effect on October 1 of this year.
Keeping up with the latest trends is a must for any business, but ignoring technology trends in the digital world is the matter of staying in business. Unfortunately, those trends (while easy enough to find mentioned online) are rarely explained well. There seems to be this mistaken idea that anyone who has an interest or need in the practice will just magically get the jargon. As we all know, that is one superpower that doesn’t exist in the real world.
The US Supreme Court has overturned a tax-related ruling from 1992, freeing state and local governments to collect billions in internet sales tax, as reported by Bloomberg. The 1992 ruling from Quill v. North Dakota, focused on mail-order and catalog purchases, requiring that a business must have a physical presence within a state in order for the state to collect sales tax.
Targeting, viewability, brand safety and invalid traffic: Targeting, viewability, brand safety and invalid traffic all are aspects used by marketers to help advocate digital advertising. Cookies are a form of digital advertising, which are tracking tools within desktop devices; causing difficulty, with shortcomings including deletion by web browsers, the inability to sort between multiple users of a device, inaccurate estimates for unique visitors, overstating reach, understanding frequency, problems with ad servers, which cannot distinguish between when cookies have been deleted and when consumers have not previously been exposed to an ad. Due to the inaccuracies influenced by cookies, demographics in the target market are low and vary (Whiteside, 2016). Another element, which is affected within digital marketing, is ‘viewabilty’ or whether the ad was actually seen by the consumer. Many ads are not seen by a consumer and may never reach the right demographic segment. Brand safety is another issue of whether or not the ad was produced in the context of being unethical or having offensive content. Recognizing fraud when an ad is exposed is another challenge marketers face. This relates to invalid traffic as premium sites are more effective at detecting fraudulent traffic, although non-premium sites are more so the problem (Whiteside, 2016).
(a) 830 CMR 64H.1.7(3) does not apply if the vendor’s only contacts with Massachusetts are that in-state customers may access a site on the vendor’s out-of-state computer server. Further, the mere fact that in-state customers may access such site, without more, will not be considered a factor in determining a vendor’s tax collection obligation. See ITFA § 1105.
Social media has been one of the fastest growing digital marketing channels for years now and continues to play a major role in brand development and customer acquisition and engagement. Social media now is a critical element to effective content marketing and search engine optimization strategies. These marketing strategies simply can’t exist well without one another.