Update: Below is an article on the Internet sales tax rules for this state prior to the Supreme Court's decision in South Dakota v. Wayfair Inc. on June 21, 2018. The Wayfair decision overturned the prior rule established in Quill Corporation v. North Dakota which prohibited states from requiring a business to collect sales tax unless the business had a physical presence in the state. Some states already had laws prior to the Wayfair decision (commonly referred to as Amazon Laws) that require larger Internet sellers without a physical presence in the state to collect and pay sales tax under certain circumstances. It is expected that states will now pass new laws requiring online retailers to collect sales tax for sales within their state. We will update this article as the laws change. For more information, see Internet Sales Tax: A 50-State Guide to State Laws.
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To be clear, the South Dakota case on tax collection applies only to online retailers with more than $100,000 in annual sales or 200 transactions from the state. It remains to be seen how that threshold may play out with other states and whether most states would place the tax collection burden on third-party marketplace operators like Amazon, eBay or Etsy.
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The Wayfair ruling could also have wide-ranging consequences for marketplaces such as Amazon and Etsy, where the companies already collect sales tax on their own products, but not on behalf of third-party sellers. This brings up the question of whether marketplaces will now step in to absorb the cost of collecting sales tax on behalf of partner retailers. In some states, notes Barrett, "marketplace facilitator legislation would require the Amazons and the Etsys to collect sales tax on their behalf. In some respects, that would be easier for the smaller sellers," she adds. Still, it's conceivable that marketplaces could refuse to do so in other states--or sell hefty compliance assistance packages that would hurt their sellers, she suggests.
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