Trump praises Supreme Court ruling in internet sales tax case

Supreme Court rules states can force online shoppers to pay sales tax

Now, as internet sales grow - they reached $123.7 billion in the first quarter of 2018, up nearly 4 percent over the previous quarter, according to the U.S. Department of Commerce - the court has made a different decision, citing studies that suggest states lose out on up to $33.9 billion a year in uncollected online sales taxes. A Bicycle Retailer retailer survey earlier this year found that 40 percent of retailers who responded do some online sales. Then we have a handful of states who don't even charge sales tax at all.

The slight negative is in regards to Amazon's third-party sellers. "Now Congress must respond by passing federal legislation to create a universal federal framework for sales and use tax collection in a way that benefits businesses regardless of the state where their business resides and avoids a patchwork of state-by-state laws".

Justices Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito, and Neil Gorsuch delivered the opinion while John Roberts, Stephen Breyer, Sonja Sotomayor, and Elena Kagan dissented. "Now is the time for Congress to step in and provide clear tax rules, with a strong small business exemption, to help small businesses take advantage of the internet to grow and create local jobs". This gave them an advantage over brick-and-mortar stores.

The decision paves the way for states to force online merchants to collect sales tax on orders from residents, regardless of where the company itself exists.

Most states would need to pass legislation before seeking to collect the additional taxes, although some have already enacted laws or regulations similar to South Dakota's. "Today's Supreme Court decision is an important and overdue update to our system", Herbert spokesman Paul Edwards said in a statement to FOX 13. North Dakota, that dealt with out-of-state taxes collected on catalog purchases, and the 1967 case, National Bellas Hess Inc. v. Department of Revenue of IL. More than a dozen states have already adopted laws like that ahead of the court's decision, according to state tax policy expert Joseph Crosby. Justices determined that the presence rule was becoming "further removed from economic reality" every year, and that the costs of honoring sales taxes were largely disconnected from whether or not a company had a physical footprint.

Consumers can expect to see sales tax charged on more online purchases - likely over the next year and potentially before the Christmas shopping season - as states and retailers react to the court's decision, said one attorney involved in the case.

Small online businesses will be the hardest hit, said Chris Cox, a lawyer for e-commerce industry group NetChoice. While retailers were not required to collect sales tax, that tax was technically still owed. But those rulings applied mostly to mail-order catalog companies.

When the court ruled in 1967 and 1992 that IL and North Dakota could not squeeze sales taxes from sellers with no presence in those states, there wasn't almost as much at stake. But it's also "much bigger than that", Jackley said.

South Dakota specifically brought this lawsuit against Wayfair, Overstock.com, and Newegg.

"E-commerce has grown into a significant and vibrant part of our national economy against the backdrop of established rules, including the physical-presence rule", the dissenting opinion read.

The group described the decision as a "body blow" to customers and small online businesses.

In South Dakota v. Wayfair, the question the High Court considered was this: "Should this Court abrogate Quill'ssales-tax-only, physical-presence requirement?"

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