Otherwise Subject to Tax.  Massachusetts sales or use tax jurisdiction over a vendor that is conferred by in-state contacts other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c.  For example, an Internet vendor with a principal place of business located outside the state might maintain inventory in the state or contract with an in-state representative (including a related person) that creates sales or use tax jurisdiction.  Only a vendor that is not “otherwise subject to tax” is potentially subject to the rule set forth in 830 CMR 64H.1.7(3).
(b)  in any of the following activities with respect to the vendor’s products:  1. payment processing services; 2. fulfillment or storage services; 3. listing products for sale; 4. setting prices; 5. branding sales as those of the marketplace facilitator; 6. order taking;  7. advertising or promotion; or 8. providing customer service or accepting or assisting with returns or exchanges.

It is the long established physical presence rule that will apply with regard to Internet sales to customers in Texas. Online sellers with possible in-state agent or related party status should check the rules more carefully. This is a contentious and evolving area of law so be sure to check in periodically with the Texas Comptroller of Public Accounts to see if the rules have changed.


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The Wayfair ruling paves the way for states to reach outside of their own borders when they collect taxes. This means that a small business in Texas with just a handful of single customers in New Jersey may soon have to comply with the Garden State’s taxes — and many small business owners regard this development with concern.   The fear for many of us is that the power to tax outside of state’s border will only be the beginning, and will be followed by the power to regulate businesses outside their jurisdiction.
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Internationally there is the International Consumer Protection and Enforcement Network (ICPEN), which was formed in 1991 from an informal network of government customer fair trade organisations. The purpose was stated as being to find ways of co-operating on tackling consumer problems connected with cross-border transactions in both goods and services, and to help ensure exchanges of information among the participants for mutual benefit and understanding. From this came Econsumer.gov, an ICPEN initiative since April 2001. It is a portal to report complaints about online and related transactions with foreign companies.
Although online marketing creates many opportunities for businesses to grow their presence via the Internet and build their audiences, there are also inherent challenges with these methods of marketing. First, the marketing can become impersonal, due to the virtual nature of message and content delivery to a desired audience. Marketers must inform their strategy for online marketing with a strong understanding of their customer’s needs and preferences. Techniques like surveys, user testing, and in-person conversations can be used for this purpose.
Culp, the Smart Furniture founder, agrees that the lack of clarity is what hurts businesses the most. "I suspect most Americans would agree that both the burden and the benefit of taxes should be shared fairly," he continues. "What freaks online retailers out is less having to pay the taxes, and more having to manage the new burdens of thousands of tax jurisdictions, myriad filings, and compliance at a scale they cannot administer."
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.”

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.


2,  Dormant Commerce Clause. The provisions of M.G.L. c. 64H, § 1 are enforced to the extent allowed by the “physical presence” dormant Commerce Clause standard as set forth in Quill Corp. v. North Dakota, 504 U.S. 298 (1992), where a state sought to impose a use tax collection duty on an out-of-state mail order vendor on sales of tangible personal property shipped into the state. Unlike the mail order vendor at issue in Quill, Internet vendors with a large volume of Massachusetts sales invariably have one or more of the following contacts with the state that function to facilitate or enhance such in-state sales and constitute the requisite in-state physical presence:
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After that, you need to make a choice about how to construct an online presence that helps you achieve that goal. Maybe you need to set up an e-commerce site. If you’re interested in publishing content to drive awareness and subscribers, look into setting up a blog. A simple website or landing page with a lead capture form can help you start developing your brand and generating traffic. A basic analytics platform (like Google Analytics, which is free) can help you start to measure how you are tracking towards your initial goal.

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If you are a seller making sales through an online marketplace in this manner, you are generally considered the retailer for purposes of such sales. However, if the marketplace operator is also providing fulfillment services, the marketplace operator will be considered the retailer if it has possession of the property at the time of sale and it can transfer ownership to the purchaser without further action by you. For additional information, please see publication 114, Consignment Sales. (Please note: If the marketplace operator has the authority to transfer ownership, but a different person, such as a fulfillment center operator, has possession of the property at the time of sale, then neither person would be a consignee, even if the two are related entities, and you would still be considered the retailer.)

Under Texas law, certain items are exempt from sales tax, and certain purchasers may not be required to pay sales tax. For example, most food and food ingredients are exempt from sales tax. You can find information on various exemptions in Rules 3.286 through 3.344 of the subchapter on sales and use tax in the Texas Administrative Code. Also, the TCPA continues to make available online a guide to exemptions, dated September 2007, that focuses on exempt organizations. You may also want to check the TCPA’s Sales and Use Tax FAQ page.
Delivery Company.  An unrelated person who, pursuant to an agreement with a vendor, delivers tangible personal property or services sold by such vendor and may also provide additional services, including order fulfillment, order management, return processing, the preparation of sales reports or other analytics and consumer access to customer service.
Passing legislation that prohibits an internet sales tax would be the best course. But if there isn’t enough political will in Congress to do the right thing to protect taxpayers and consumers, which is too often the case, members should listen to the concerns of their constituents who are small business owners and craft legislation that immediately protects these crucial entrepreneurs from onerous taxes and helps them thrive and sets a responsible tax system.
For further details regarding these examples and California’s use tax registration and collection requirements generally, please see Regulation 1684, Collection of Use Tax by Retailers, publication 77, Out-of-State Sellers: Do You Need to Register in California?, or our frequently asked questions (FAQs) on Use Tax Collection Requirements for Out-of-State Retailers.

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The future trends in the GCC countries will be similar with that of the western countries. Despite the forces that push business to adapt e-commerce as a means to sell goods and products, the manner in which customers make purchases is similar in countries from these two regions. For instance, there has been an increased usage of smartphones which comes in conjunction with an increase in the overall internet audience from the regions. Yuldashev writes that consumers are scaling up to more modern technology that allows for mobile marketing. However, the percentage of smartphone and internet users who make online purchases is expected to vary in the first few years. It will be independent on the willingness of the people to adopt this new trend (The Statistics Portal). For example, UAE has the greatest smartphone penetration of 73.8 percent and has 91.9 percent of its population has access to the internet. On the other hand, smartphone penetration in Europe has been reported to be at 64.7 percent (The Statistics Portal). Regardless, the disparity in percentage between these regions is expected to level out in future because e-commerce technology is expected to grow allowing for more users. The e-commerce business within these two regions will result in a competition. Government bodies at country level will enhance their measures and strategies to ensure sustainability and consumer protection (Krings, et al.). These increased measures will raise the environmental and social standards in the countries, factors that will determine the success of e-commerce market in these countries. For example, an adoption of tough sanctions will make it difficult for companies to enter the e-commerce market while lenient sanctions will allow ease of companies. As such, the future trends between GCC countries and the Western countries will be independent of these sanctions (Krings, et al.). These countries need to make rational conclusions in coming up with effective sanctions.
Contemporary electronic commerce can be classified into two categories. The first category is business based on types of goods sold (involves everything from ordering "digital" content for immediate online consumption, to ordering conventional goods and services, to "meta" services to facilitate other types of electronic commerce). The second category is based on the nature of the participant (B2B, B2C, C2B and C2C);[39]

Otherwise Subject to Tax.  Massachusetts sales or use tax jurisdiction over a vendor that is conferred by in-state contacts other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c.  For example, an Internet vendor with a principal place of business located outside the state might maintain inventory in the state or contract with an in-state representative (including a related person) that creates sales or use tax jurisdiction.  Only a vendor that is not “otherwise subject to tax” is potentially subject to the rule set forth in 830 CMR 64H.1.7(3).
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."
Since the Quill decision, states have become aggressive in expanding the definition of tax nexus in order to stop the outflow of tax revenues. Some states have taken a tax nexus to mean the presence of an affiliate. For example, Amazon sellers have been called affiliates, and California (among other states) has enacted state laws stating that the presence of an affiliate creates a tax nexus in that state, thus the requirement that sales tax be charged on all internet sales taxes from these affiliates.
By using Internet platforms, businesses can create competitive advantage through various means. To reach the maximum potential of digital marketing, firms use social media as its main tool to create a channel of information. Through this a business can create a system in which they are able to pinpoint behavioral patterns of clients and feedback on their needs.[30] This means of content has shown to have a larger impingement on those who have a long-standing relationship with the firm and with consumers who are relatively active social media users. Relative to this, creating a social media page will further increase relation quality between new consumers and existing consumers as well as consistent brand reinforcement therefore improving brand awareness resulting in a possible rise for consumers up the Brand Awareness Pyramid.[31] Although there may be inconstancy with product images;[32] maintaining a successful social media presence requires a business to be consistent in interactions through creating a two way feed of information; firms consider their content based on the feedback received through this channel, this is a result of the environment being dynamic due to the global nature of the internet.[29] Effective use of digital marketing can result in relatively lowered costs in relation to traditional means of marketing; Lowered external service costs, advertising costs, promotion costs, processing costs, interface design costs and control costs.[32]
Using an omni-channel strategy is becoming increasingly important for enterprises who must adapt to the changing expectations of consumers who want ever-more sophisticated offerings throughout the purchasing journey. Retailers are increasingly focusing on their online presence, including online shops that operate alongside existing store-based outlets. The "endless aisle" within the retail space can lead consumers to purchase products online that fit their needs while retailers do not have to carry the inventory within the physical location of the store. Solely Internet-based retailers are also entering the market; some are establishing corresponding store-based outlets to provide personal services, professional help, and tangible experiences with their products.[24]

We combine our sophisticated Search Engine Optimization skills with our ORM tools such as social media, social bookmarking, PR, video optimization, and content marketing to decrease the visibility of potentially damaging content. We also work with our clients to create rebuttal pages, micro-sites, positive reviews, social media profiles, and blogs in order to increase the volume of positive content that can be optimized for great search results.
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