Your sale of electronic data products such as software, data, digital books (eBooks), mobile applications, and digital images is generally not taxable when you transmit the data to your customer over the Internet or by modem. However, if as part of the sale you provide your customer with a printed copy of the electronically transferred information or a backup data copy on a physical storage medium such as a CD-ROM, your entire sale is usually taxable.
1. General. A vendor that is engaged in making taxable sales in the commonwealth or that sells taxable tangible personal property or services for use in the commonwealth is subject to a sales or use tax collection duty when it is “engaged in business in the commonwealth” within the meaning of M.G.L. c. 64H, § 1 and meets the U.S. constitutional requirements. The provisions of M.G.L. c. 64H, § 1 are generally enforced to the extent allowed under the constitutional limits.
"One vitalizing effect of the Internet has been connecting small, even ‘micro’ businesses to potential buyers" across the U.S., Etsy CEO Josh Silverman said in a blog post on the crafts marketplace's website. "People starting a business selling their embroidered pillowcases or carved decoys can offer their wares throughout the country — but probably not if they have to figure out the tax due on every sale.”
As previously explained either sales or use tax applies to the retail sale of tangible personal to a California consumer through an online marketplace, unless the sale is specifically exempt or excluded from tax. If, as described above, you are a California retailer or an out-of-state retailer that is engaged in business in California and you are the retailer for purposes of the sale, then you are liable for any applicable sales tax or you are responsible for collecting applicable use tax from the customer.
The answer, at its basis, is largely what I convey in a great majority of my books about search engine optimization and online marketing. It all boils down to one simple concept: add tremendous amounts of value to the world. The more value you add, the more successful you become. Essentially, you have to do the most amount of work (initially at least) for the least return. Not the other way around.
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.
Establishment of customer exclusivity: A list of customers and customer's details should be kept on a database for follow up and selected customers can be sent selected offers and promotions of deals related to the customer's previous buyer behaviour. This is effective in digital marketing as it allows organisations to build up loyalty over email.
Meanwhile, in a recent statement regarding the ruling, Wayfair--which generated nearly $5 billion in sales last year and already collects sales tax in most jurisdictions--insisted the decision would not impact its bottom line: "Wayfair already collects and remits sales tax on approximately 80 percent of our orders in the U.S., a number that continues to grow as we expand our logistics footprint," the CEO said.