The Nielsen Global Connected Commerce Survey conducted interviews in 26 countries to observe how consumers are using the Internet to make shopping decisions in stores and online. Online shoppers are increasingly looking to purchase internationally, with over 50% in the study who purchased online in the last six months stating they bought from an overseas retailer.
For basic guidance on how physical presence is defined under Texas law, consult Section 151.107 of the Texas Tax Code (Tax Law), which provides a variety of definitions for “RETAILER ENGAGED IN BUSINESS IN THIS STATE.” The first of the statutory definitions refers to maintaining a place of business in the state directly, or indirectly or through a subsidiary or agent. The fifth definition acts as something of a catch-all, by stating that a retailer who solicits orders by mail or other media can be required to collect and pay sales tax if permitted by federal law.
(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.
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