Several states have crafted internet sales tax legislation, which has produced lawsuits by online sellers like Wayfair and Overstock. As a test case, South Dakota has petitioned the U.S. Supreme Court to revisit the Quill case. Specifically, S. Dakota asked the U.S. Supreme Court "to overrule Quill’s physical-presence requirement which currently prevents the State from requiring out-of-state retailers to remit taxes for sales made within South Dakota."
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Of course, plenty of small businesses--brick-and-mortar shops in particular--cheered the decision, which they say levels the playing field for all businesses that sell goods, whether online or off. With it, the High Court moved to overturn a 1992 ruling--Quill v. North Dakota, in which many small businesses gained a competitive advantage--holding that any seller must have a physical presence in a state in order to be required to collect and remit tax. In other words, if your company didn't have a physical presence in Ohio, you could avoid charging taxes on your Ohio sales.
If you are a seller making sales for resale to a marketplace operator in this manner, you should obtain a timely and properly completed resale certificate from your customer to support your claimed sales for resale (see Regulation 1668, Sales for Resale). However, if you are a retailer engaged in business in California and you ship the property directly to the consumer on behalf of a marketplace operator that is not engaged in business in California, you will be responsible for reporting and paying tax as a drop shipper. For additional information, please see publication 121, Drop Shipments.
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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