Even for Governors, Sales Tax Legislation is Confusing
Share Don’t mess with Texas…or do? As is well known by now, the $269 million dollar bill sent by Texas Comptroller Susan Combs to Amazon for failure to collect and remit sales tax from 2005-2009 triggered state efforts on a national scale to hold the online retailer accountable for lost revenue. The debate has mostly focused on whether or not affiliates should be considered “physically present,” as exemplified by recent showdowns in North Carolina, California, New York, and Rhode Island. This focus stems from the 1992 Supreme Court Case Quill Corp. vs. North Dakota ruling which legally requires retailers that have a physical presence (nexus) in a state – i.e. distribution centers, plants, warehouses, storefronts, etc. – to collect and remit sales tax. Many states have adopted legislation defining nexus at the state level. In the case of Texas, there was a fully operational Amazon distribution center in Irving during the period for which the giant retailer was billed, in addition to thousands of local affiliates. Full Article…
September 26, 2011
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Posted by Luis Cook
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