Posted on 01/14/2018 11:34:10 AM PST by JeepersFreepers
The Supreme Court on Friday said it would consider whether states can broadly require online retailers to collect sales taxes even if they lack a physical presence in the state, taking a case that could have a major impact on online commerce.
The justices on Friday took up that call, explicitly agreeing to consider whether the earlier high-court precedent should be overruled.
“My bet is that they are looking at it to overturn,” said Edward Zelinsky, a tax-law professor at Yeshiva University’s Cardozo School of Law. The alternative, he said, would be to point to this issue as an example of where the legislative process should be primary and kick it back to Congress.
The high court could hear oral arguments in the case as soon as April. If the court does schedule the case for the spring, a decision would be expected by the end of June.
(Excerpt) Read more at wsj.com ...
It now seems certain that a sales tax will be imposed on all on-line purchases by court edict; an issue that should be decided through the legislative process.
“Also ‘Justice Neil Gorsuch also voiced skepticism about the 1992 decision when he was an appeal court judge, describing it as having created “a sort of judicially sponsored tax shelter.”’
Another John Roberts in the making.
When SCOTUS rules in our favor we don’t call it a “court edict”. We only call it that when we don’t like the ruling.
Just sayin’.
Hey,I thought that when SCOTUS spoke it became “settled law”.Maybe we can look at abortion...or “automatic citizenship at birth” for kids whose parents have no legal connection to the US.Maybe we can look at counting wetbacks in the census to determine Congressional representation.
I like Washington's approach, responsibility is upon the state resident to declare taxes due for purchases made out-of-state, leaving the matter to one between the resident and their state.
Besides, if I don't have an office in that state, are they going to charge me and extradite me to answer for failing to collect a few dollars of tax?
“When SCOTUS rules in our favor we don’t call it a “court edict”. We only call it that when we don’t like the ruling.
Just sayin’.
That’s because we are always right.
Didn’t get past the pay wall.
Are these states which want purchasers of goods in their state to pay state sales tax on goods sold and delivered to them in the state which is collecting its tax pursuant to the state’s legislative enactments?
And Kennedy is a damned moron!
:)
Yes. Long arm of the law.
Seems that taxes should be due for the jurisdiction from where sold. I'm in Nevada, thus I should only be responsible for taxes when selling to a fellow Nevada resident, else for anything I sell from Nevada. Not my concern about where the buyer is. Consider, for me, that I sale online training. It doesn't have a home state and my buyer can be anywhere, which might change from week-to-week over an eight week course. Further, one of my instructors may not be here in Nevada. They too, might be traveling and teaching via the Internet from a different state or even country each week.
No, taxing Internet sales is complicated. If a no-tax solution won't work, then from where the company is located. Corporate havens like Nevada and Delaware win out, both small with little congressional representation, so figure that won't fly for long.
But please, don't ask me to collect taxes for states and cities where I do not have a presence.
It’s bad news. If we were going to win this they could have done nothing. Gorsuch comment is a tell. Us rubes don’t deserve this “ free ride” with online commerce. Kennedy needs to go but won’t. At this point it looks like we will gain nothing at the SC unless Trump gets a second term. I really doubt Gorsuch is going to end up being an even trade for Scalia. Way better then Obongo’s pick but that’s a pretty low bar.
The Supreme Court decided for all of us that marriage is no longer what it was for 5,000 years of civilization.
Citizenship for illegal alien children has never made it to the Supreme Court.
It’s just been done administratively and unquestioningly.
This is about a federal sales tax not state and local. The federal sales tax would be in addition to all other taxes...maybe even tax them too.
I was all for these tax free internet site UNTIL I moved from Maryland (tax free for Amazon) to Florida where they tax internet sales. Now I say that Gorsuch is awesome for putting internet taxes on Maryland and other slacker states.
God Bless Gorsuch....one of the best Supreme Court Justices in history.
I think you skipped that first sentence.
” Now I say that Gorsuch is awesome for putting internet taxes on Maryland and other slacker states.”
Yeah, it’s soo awesome when Judges tax us more!
“This is about a federal sales tax not state and local.”
I don’t think so.
This is about South Dakota collecting its state sales tax from merchants in New Hampshire.
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