BNA Bloomberg – Minnesota Marketplace Law Ripe for Legal Challenge
Steve DelBianco, executive director of the e-commerce trade association NetChoice, said his policy staff is already reviewing legal options for a court challenge. NetChoice is party to litigation pending in South Dakota and Tennessee over their “economic nexus” regimes that require remote retailers satisfying a specified threshold of in-state sales to collect and remit sales tax.
“Think about the nonsense of a law that would require a shopping mall to be liable for the sales tax on purchases made at stores in the mall,” DelBianco told Bloomberg BNA. “If that sounds absurd, then you understand why this online marketplace law cannot stand up to legal scrutiny or common sense.”