Otherwise Subject to Tax. Massachusetts sales or use tax jurisdiction over a vendor that is conferred by in-state contacts other than as referenced in 830 CMR 64H.1.7(1)(b)2.a. through c. For example, an Internet vendor with a principal place of business located outside the state might maintain inventory in the state or contract with an in-state representative (including a related person) that creates sales or use tax jurisdiction. Only a vendor that is not “otherwise subject to tax” is potentially subject to the rule set forth in 830 CMR 64H.1.7(3).
The 5-4 vote overturned this ruling, citing companies like Newegg, Wayfair, and Overstock in the Supreme Court decision, stating that “each easily meets the minimum sales or transactions requirement of the Act, but none collects South Dakota sales tax.” Amazon began voluntarily collecting taxes in the 45 states that require it last year, but only on items from its own inventory, meaning sellers on Amazon Marketplace may be impacted by this ruling.
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