“For years, brick-and-mortar retailers have suffered at the hands of online sellers, not only from whatever superior service or features are offered by the online sellers, but by the tax exemption they enjoyed under previous law,” he said. “This decision corrects that. If online sellers provide a superior product, that’s the nature of competition, but they should not enjoy a legislated advantage in the tax code.”
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:
Amazon, the elephant in the room of the sales tax discussion, has changed its stand on the internet sales tax issue. Originally, the company fought to have internet sales tax imposed on purchases, but now it has distribution centers (tax nexus) in almost every states. In 2017, the company announced that it would charge sales tax on all its transactions, except for states that don't have sales tax.
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