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Can States Hold Remote Sellers Liable for Back Sales Tax?

Wednesday, 17 October 2018

When the Supreme Court of the United States overruled the physical presence requirement in its decision on South Dakota v. Wayfair, Inc. (June 21, 2018), it removed the barrier preventing states from taxing remote sales. However, it provided little guidance on how states should or could go about taxing sales by sellers with no physical presence in the state. To prevent making waves, many states are emulating the law that opened the floodgates.

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