In the landmark case, South Dakota vs. Wayfair, the U.S. Supreme Court ruled in favor of the States allowing online retailers to collect sales tax from customers in jurisdictions where they do not have physical presence.
Duff & Phelps Managing Director Bob Peters of the Tax Risk Advisory practice said the decision: “ushers in a new era of compliance and sales tax assessment and collection for thousands of online businesses that, since the advent of e-commerce, have been exempt from such taxation. This will create a rush of new capital investment for tax compliance software and allocation of resources to collect, remit, and file sales tax in multiple states.” He went on to say, “It remains to be seen whether Congress might take steps to clarify the Court’s complex ruling and provide certainty to the e-commerce market. In the interim, all internet retailers, large and small, will need to re-examine their sale and use collection and reporting obligations.”