(a)  directly or indirectly, through one or more related persons in any of the following: 1. transmitting or otherwise communicating the offer or acceptance between a buyer and vendor; 2. owning or operating the infrastructure, electronic or physical, or technology that brings buyers and vendors together; 3. providing a virtual currency that buyers are allowed or required to use to purchase products from the vendor; or 4. software development or research and development activities related to any of the activities described in 830 CMR 64H.1.7(2): Marketplace Facilitator(b), if such activities are directly related to a physical or electronic marketplace operated by the person or a related person; and
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.

E-commerce is the activity of buying or selling of products on online services or over the Internet. Electronic commerce draws on technologies such as mobile commerce, electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange (EDI), inventory management systems, and automated data collection systems.
4.  Internet Tax Freedom Act (“ITFA”), Codified as Note to 47 U.S.C. § 151.  ITFA contains certain prohibitions on state taxation of e-commerce transactions.  Among other things, it prohibits discriminatory taxation of e-commerce transactions and prohibits a state from asserting jurisdiction over an Internet vendor on the basis of certain specific factors.  830 CMR 64H.1.7 is non-discriminatory because it asserts jurisdiction over all vendors (Internet or non-Internet) who have the contacts identified in 830 CMR 64H.1.7(1)(b)2.a. through c. and applies the same jurisdictional standards to all vendors (Internet or non-Internet) that are otherwise subject to tax. See 830 CMR 64H.1.7(3), (5) and (6).  Further, 830 CMR 64H.1.7(3) does not assert jurisdiction based on the prohibited factors referenced in ITFA.  See 830 CMR 64H.1.7(4).
If your company sells canned (noncustom) software programs to customers who download them from a server, those sales are generally not subject to tax. However, if you also provide your customers with a backup copy on a CD-ROM, the entire transaction is taxable. Similarly, if you transmit a stock (noncustom) database to your customer over the Internet and also provide a printed copy of the contents, the entire sale is subject to tax. For more information regarding the sale of computer programs and data processing services, you may wish to obtain a copy of Regulation 1502, Computers, Programs, and Data Processing.
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.
If the above conditions apply, you are required by law to collect, report and remit the appropriate state and local sales and use tax on taxable items delivered to customers in Texas. The sales price includes all shipping and handling charges. "Taxable items" include all tangible personal property as well as taxable services. For a list of the services taxable in Texas, see our publication 96-259, Taxable Services (PDF).

Cross-platform measurement: The number of marketing channels continues to expand, as measurement practices are growing in complexity. A cross-platform view must be used to unify audience measurement and media planning. Market researchers need to understand how the Omni-channel affects consumer's behaviour, although when advertisements are on a consumer's device this does not get measured. Significant aspects to cross-platform measurement involves de-duplication and understanding that you have reached an incremental level with another platform, rather than delivering more impressions against people that have previously been reached (Whiteside, 2016).[42] An example is ‘ESPN and comScore partnered on Project Blueprint discovering the sports broadcaster achieved a 21% increase in unduplicated daily reach thanks to digital advertising’ (Whiteside, 2016).[42] Television and radio industries are the electronic media, which competes with digital and other technological advertising. Yet television advertising is not directly competing with online digital advertising due to being able to cross platform with digital technology. Radio also gains power through cross platforms, in online streaming content. Television and radio continue to persuade and affect the audience, across multiple platforms (Fill, Hughes, & De Franceso, 2013).[45]


In addition, e-commerce has a more sophisticated level of impact on supply chains: Firstly, the performance gap will be eliminated since companies can identify gaps between different levels of supply chains by electronic means of solutions; Secondly, as a result of e-commerce emergence, new capabilities such implementing ERP systems, like SAP ERP, Xero, or Megaventory, have helped companies to manage operations with customers and suppliers. Yet these new capabilities are still not fully exploited. Thirdly, technology companies would keep investing on new e-commerce software solutions as they are expecting investment return. Fourthly, e-commerce would help to solve many aspects of issues that companies may feel difficult to cope with, such as political barriers or cross-country changes. Finally, e-commerce provides companies a more efficient and effective way to collaborate with each other within the supply chain.[69]
c.  contracts and/or other relationships with online marketplace facilitators and/or delivery companies resulting in in-state services, including, but not limited to, payment processing and order fulfillment, order management, return processing or otherwise assisting with returns and exchanges, the preparation of sales reports or other analytics and consumer access to customer service.

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.


Most people need to take a step back and understand where money is even coming from on the web. Sharpe says that, when asked, most individuals don't actually even know how money is being made on a high level. How does Facebook generate its revenues? How about Google? How do high-trafficked blogs become so popular and how do they generate money from all of that traffic? Is there one way or many?
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."

Sales taxes bring in big revenue for states, but they have to act carefully. If one state charges more sales tax than its neighbors, people start to cross state lines to buy big-ticket items. If the economy takes a dive and people buy less, states feel the crunch too. And more recently, buyers have started deliberately avoiding state sales taxes by buying on the internet. 

Retargeting is another way that we can close the conversion loop and capitalize on the traffic gained from the overall marketing campaign. Retargeting is a very powerful display advertising tool to keep your brand top of mind and keep them coming back. We track every single touch point up to the ultimate conversions and use that data to make actionable recommendations for further campaign optimization.
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