Internet Vendor.  A vendor that derives sales from transactions consummated over the Internet, whether such transactions are: (a) completed on a website maintained or operated by the vendor itself, or a website maintained or operated by a related person or a person with which the vendor contracts, including a marketplace facilitator and/or (b) fulfilled by a related person or a person with which the vendor contracts.  An Internet vendor, in addition to its Internet sales, may also derive sales from orders completed other than over the Internet.
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Your social media strategy is more than just a Facebook profile or Twitter feed. When executed correctly, social media is a powerful customer engagement engine and web traffic driver. It’s easy to get sucked into the hype and create profiles on every single social site. This is the wrong approach. What you should do instead is to focus on a few key channels where your brand is most likely to reach key customers and prospects. This chapter will teach you how to make that judgment call.
(a)   830 CMR 64H.1.7(3) does not apply if the vendor’s only contacts with Massachusetts are that in-state customers may access a site on the vendor’s out-of-state computer server.  Further, the mere fact that in-state customers may access such site, without more, will not be considered a factor in determining a vendor’s tax collection obligation.  See ITFA § 1105.

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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.


Some online marketplace operators display the property of various sellers, process the sellers’ transactions and provide various other services, but the terms of sale dictate and the receipts and other documents related to the sales reflect that the consumers are purchasing the property directly from the sellers. In these instances, the marketplace operators are generally just providing a service, and the seller that lists the property on the marketplace is the retailer making a retail sale to the consumer.


If you're not using internet marketing to market your business you should be. An online presence is crucial to helping potential clients and customer find your business - even if your business is small and local. (In 2017, one third of all mobile searches were local and local search was growing 50% faster than mobile searches overall.) Online is where the eyeballs are so that's where your business needs to be. 

If you are a seller making sales through an online marketplace in this manner, you are generally considered the retailer for purposes of such sales. However, if the marketplace operator is also providing fulfillment services, the marketplace operator will be considered the retailer if it has possession of the property at the time of sale and it can transfer ownership to the purchaser without further action by you. For additional information, please see publication 114, Consignment Sales. (Please note: If the marketplace operator has the authority to transfer ownership, but a different person, such as a fulfillment center operator, has possession of the property at the time of sale, then neither person would be a consignee, even if the two are related entities, and you would still be considered the retailer.)


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The challenge to overturn Quill v. North Dakota was brought to the Supreme Court by South Dakota. South Dakota passed a law two years ago demanding that all retailers that, on an annual basis, have more than $100,000 in annual sales or engage in 200 or more separate transactions, pay a 4.5 percent tax on all sales, “as if the seller had a physical presence in the State.” The state government then filed suit to have the case heard by higher courts, and the Supreme Court agreed to hear the argument earlier this year.

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The case confronted the constitutionality of a law South Dakota passed in 2006, which requires online retailers to collect sales taxes if the business generates more than $100,000 in annual sales to South Dakota residents, or more than 200 separate transactions with state residents. Up until this point, remote sellers had taken their lead on this issue from a 1992 Supreme Court ruling – Quill Corporation v. North Dakota – and been only required to collect sales taxes on purchases if they had a physical presence in the state where the goods were bought.

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Online marketing can also be crowded and competitive. Although the opportunities to provide goods and services in both local and far-reaching markets is empowering, the competition can be significant. Companies investing in online marketing may find visitors’ attention is difficult to capture due to the number of business also marketing their products and services online. Marketers must develop a balance of building a unique value proposition and brand voice as they test and build marketing campaigns on various channels.

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Passing legislation that prohibits an internet sales tax would be the best course. But if there isn’t enough political will in Congress to do the right thing to protect taxpayers and consumers, which is too often the case, members should listen to the concerns of their constituents who are small business owners and craft legislation that immediately protects these crucial entrepreneurs from onerous taxes and helps them thrive and sets a responsible tax system.
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