(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.
(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

“We welcome the additional clarity provided by the Court’s decision,” the online home-furnishings retailer, with sales of $4.7 billion in 2017, said in a statement. “We don’t expect (the) decision to have any noticeable impact on our business. … Wayfair has long supported a legislative solution that would establish a level playing field for brick-and-mortar and online retailers by permitting states to collect sales tax on online sales.”
3.  Due Process Clause.  The provisions of M.G.L. c. 64H, § 1 are enforced subject to the limitations of the Due Process Clause of the U.S. constitution.  See Quill Corp. v. North Dakota, 504 U.S. 298 (1992).  In the instance of a vendor with a principal place of business located outside the state, due process generally requires that such vendor purposefully avail itself of the state’s economic market. See id.  The degree to which a vendor must purposefully avail itself of a state’s economic market to meet the requirements of due process can be uncertain in the instance of Internet vendors with a principal place of business located outside the state.  Therefore, 830 CMR 64H.1.7(3) sets a bright line threshold intended to reflect a level of purposeful availment at which the requirements of due process will be met in the case of such vendors.

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A key benefit of using online channels for marketing a business or product is the ability to measure the impact of any given channel, as well as how visitors acquired through different channels interact with a website or landing page experience. Of the visitors that convert into paying customers, further analysis can be done to determine which channels are most effective at acquiring valuable customers.
A key objective is engaging digital marketing customers and allowing them to interact with the brand through servicing and delivery of digital media. Information is easy to access at a fast rate through the use of digital communications. Users with access to the Internet can use many digital mediums, such as Facebook, YouTube, Forums, and Email etc. Through Digital communications it creates a Multi-communication channel where information can be quickly exchanged around the world by anyone without any regard to whom they are.[28] Social segregation plays no part through social mediums due to lack of face to face communication and information being wide spread instead to a selective audience. This interactive nature allows consumers create conversation in which the targeted audience is able to ask questions about the brand and get familiar with it which traditional forms of Marketing may not offer.[29]
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(a)   Statement of Purpose.  The purpose of 830 CMR 64H.1.7 is to explain how the general sales and use tax jurisdictional standard set forth in M.G.L. chs. 64H and 64I applies to vendors making Internet sales, taking into consideration the relevant provisions of the U.S. constitution and federal law. 830 CMR 64H.1.7 includes an explanation of the circumstances under which certain Internet vendors with a principal place of business located outside the state are required to register, collect and remit Massachusetts sales or use tax as set forth in M.G.L. chs. 64H and 64I.
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.
Social media has been one of the fastest growing digital marketing channels for years now and continues to play a major role in brand development and customer acquisition and engagement. Social media now is a critical element to effective content marketing and search engine optimization strategies. These marketing strategies simply can’t exist well without one another.
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