On Friday, the U.S. Supreme Court agreed to take up South Dakota’s lawsuit against online retailers Wayfair Inc., Overstock.com Inc. and Newegg Inc.
South Dakota contends that the 1992 ruling of Quill v. North Dakota, which finds that retailers with no physical presence in a state are not obligated to collect or remit sales tax from purchases made by shoppers residing in that state, outdated in this day of surging e-commerce sales and should be overturned. If the U.S. Supreme Court overturns Quill, that would free up state and local governments to collect sales tax from all online retailers, even if they don’t have a physical presence in their states. Retailers and various trade organizations are divided on the issue, and no legislation to resolve it has made it out of congressional committees.
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