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U.S. Supreme Court,
Tax,
Government

May 3, 2018

Justice should keep use tax precedent

For numerous reasons, the court should affirm the physical presence rule of Quill and allow Congress to decide what new standard -- if any -- should govern use tax collection by remote sellers.

Clark Calhoun

Partner
Alston & Bird LLP

Email: clark.calhoun@alston.com

See more...

Justice should keep use tax precedent
U.S. Supreme Court Justice Stephen Breyer on Capitol Hill in Washington, March 23, 2015. Breyer voiced concern at oral argument in South Dakota v. Wayfair about the lack of a record in the case. (New York Times News Service)

OCTOBER 2017 TERM

On April 17, the U.S. Supreme Court heard oral arguments in South Dakota v. Wayfair. That case reached the court on appeal from a 2016 South Dakota bill that would require any seller of taxable goods or services to South Dakota customers to collect and remit use tax due on those sales if the seller met a threshold of either $100,000 in annual sales or 200 annual transactions to South Dakota. Those ...

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