Several states have crafted internet sales tax legislation, which has produced lawsuits by online sellers like Wayfair and Overstock. As a test case, South Dakota has petitioned the U.S. Supreme Court to revisit the Quill case. Specifically, S. Dakota asked the U.S. Supreme Court "to overrule Quill’s physical-presence requirement which currently prevents the State from requiring out-of-state retailers to remit taxes for sales made within South Dakota."
(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
Recent research clearly indicates that electronic commerce, commonly referred to as e-commerce, presently shapes the manner in which people shop for products. The GCC countries have a rapidly growing market and characterized by a population that becomes wealthier (Yuldashev). As such, retailers have launched Arabic-language websites as a means to target this population. Secondly, there are predictions of increased mobile purchases and an expanding internet audience (Yuldashev). The growth and development of the two aspects make the GCC countries to become larger players in the electronic commerce market with time progress. Specifically, research shows that e-commerce market is expected to grow to over $20 billion by the year 2020 among these GCC countries (Yuldashev). The e-commerce market has also gained much popularity among the western countries, and in particular Europe and the U.S. These countries have been highly characterized with consumer-packaged-goods (CPG) (Geisler, 34). However, trends show that there are future signs of a reverse. Similar to the GCC countries, there has been increased purchase of goods and services in online channels rather than offline channels. Activist investors are trying hard to consolidate and slash their overall cost and the governments in western countries continue to impose more regulation on CPG manufacturers (Geisler, 36). In these senses, CPG investors are being forced to adapt e-commerce as it is effective as a well as a means for them to thrive.
(b) Prior Tax Periods. An Internet vendor may have engaged in in-state contacts other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c. during tax periods prior to September 22, 2017. In these cases, the vendor is liable for tax for such prior tax periods if: 1. the contacts created sales or use tax jurisdiction and; 2. the vendor did not collect and remit the tax. For example, for purposes of illustration only, an Internet vendor with a principal place of business located outside Massachusetts may have previously: a. owned or maintained inventory or other property in the state; or b. contracted with an in-state representative (including a related person) other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c., and thereby created state sales or use tax jurisdiction. In these cases, the Internet vendor would have been subject to tax on all of its Massachusetts sales for the tax periods in question. Such a vendor may seek to use the Department of Revenue’s voluntary disclosure program for such prior periods.
For many years, states argued that they were losing a lot of money by not being able to collect sales tax on Internet sales to customers located in their states. Formerly the burden was on the customer rather than the seller to pay the relevant tax. In that case, the tax generally is called use tax rather than sales tax – and customers often simply did not pay use tax to the state.
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);
While the physical presence rule may seem clear, this is not necessarily the case. In Quill, the Supreme Court discusses not only physical presence, but also several types of potential nexus (connections) between a business and a state. Many states, including Texas, have used the term nexus rather than physical presence in their sales tax laws, regulations, or other official documents, and have sometimes defined nexus in ways that could go beyond physical presence.
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).
In cases where the online retailer does not have to collect sales tax, it is the customer’s responsibility to pay the tax—in which case it is known not as a sales tax but, rather, a use tax. The TCPA states on its use tax FAQ page that one of the most common reasons for a purchaser being subject to use tax is purchasing a taxable item from an out-of-state retailer without paying Texas tax and using the property in Texas. The FAQ page goes on to state that if a purchaser purchases merchandise "through a catalog or the Internet from a seller located outside of Texas and use[s] the taxable item in Texas," then the purchaser owes use tax on the purchase. You can find more formal guidance about the use tax in Rule 3.346 if the Texas Administrative Code.
Internet marketing is not a singular approach to raising interest and awareness in a product. Because of the vast number of platforms the Internet creates, the field encompasses several disciplines. It involves everything from email, to Search Engine Optimization (SEO), to website design, and much more to reach an ever-evolving, ever-growing audience. (See also Web Marketing)
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.
In the 2000s, with more and more Internet users and the birth of iPhone, customers started searching products and making decisions about their needs online first, instead of consulting a salesperson, which created a new problem for the marketing department of a company. In addition, a survey in 2000 in the United Kingdom found that most retailers had not registered their own domain address.These problems made marketers find the digital ways for market development.
Internet Marketing Inc. provides integrated online marketing strategies that help companies grow. We think of ourselves as a business development consulting firm that uses interactive marketing as a tool to increase revenue and profits. Our management team has decades of combined experience in online marketing as well as graduate level education and experience in business and finance. That is why we focus on creating integrated online marketing campaigns designed to maximize your return on investment.