In 2016, South Dakota passed a law that would require out-of-state retailers to collect and pay internet sales tax in the same way and at the same rate as in-state retailers. The only applies to larger retailers who have more than $100,000 in sales or more than 200 sales transactions in a year in the state, sparing smaller sellers from the requirement to collect internet sales taxes. The state law would use the presence of the buyer in the state (a destination-based tax) as the requirement for collecting internet sales tax.
The new digital era has enabled brands to selectively target their customers that may potentially be interested in their brand or based on previous browsing interests. Businesses can now use social media to select the age range, location, gender and interests of whom they would like their targeted post to be seen by. Furthermore, based on a customer's recent search history they can be ‘followed’ on the internet so they see advertisements from similar brands, products and services,[38] This allows businesses to target the specific customers that they know and feel will most benefit from their product or service, something that had limited capabilities up until the digital era.

Ultimately, most seem to agree that a sweeping, federal law regarding internet sales tax is necessary to ease the burden on retailers large and small. "This [issue] is crying out for Congressional attention," adds Mittelstadt. And in a statement last month, Etsy CEO Josh Silverman said: "We believe there is now a call to action for Congress to create a simple, fair, federal solution for micro-businesses."


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