New Sales Tax for Out Of State Sales

Posted on December 10th, 2018

In June of 2018 the Supreme Court ruled that a state can collect sales tax even when the company does not have a physical presence in that state. South Dakota successfully sued Wayfair arguing that since the residents of South Dakota made purchases from Wayfair that an “economic nexus” exists.

This means states can pass laws to collect sales tax from purchases in their state from a company located in another state. For example, if my company is in Florida and I sell over the internet a product to a person in Georgia, Georgia may have the right to collect sales tax. In such a case the Florida company would need to collect, remit and report these sales on a regular basis.

This sound like a lot of work and expense for the Florida company. Maybe. Today 35 states have laws regarding these sales. In many cases there are exceptions for low volume sales.

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