Bloomberg BNA - Federal Digital Tax Bills Frozen as High Court Case Heats Up

Steve DelBianco, executive director of NetChoice, a Washington, D.C.-based internet commerce trade association, told Bloomberg BNA that if “Congress were able to step up and stop the chaos occurring in many states” by passing the NRRA, “SST could become a vehicle for standardization.”

DelBianco also believes that Congress is in a holding pattern amid possible U.S. Supreme Court action, and that if Quill were overturned, “it would push Congress to act to the certain outcry of the business community.”

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Business Advocate - South Dakota: State Supreme Court sides with sellers in the battle for online tax revenue

The trade group NetChoice, a ubiquitous leader in the effort to quash sales tax collection rules on internet retailers, issued a widely published statement that ecommercebytes.com included in its article about the lawsuit:

If the high court takes this case, we will be ready to show that the perspective of a few large online retail defendants is only a small part of the story. In fact, many thousands of smaller businesses would bear disproportionate burdens and costs if they are forced to become tax collectors for 12,000 jurisdictions across 46 states.

Even so, in a different statement, NetChoice highlighted its stance that “Congress is best suited to weigh the benefits and burdens of empowering state tax auditors to go after every business in America.”

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TaxNotes - South Dakota High Court Finds Remote Sales Tax Law Unconstitutional

Steve DelBianco of NetChoice, which strongly opposes S.B. 106 and similar laws in other states, said he thinks the perspective of small businesses has been lost in the current fight.

“This ruling gives the state what it wanted all along — a case they could appeal to the U.S. Supreme Court,” DelBianco said. “If the high court takes this case, we will be ready to show that the perspective of a few large online retail defendants is only a small part of the story. In fact, many thousands of smaller businesses would bear disproportionate burdens and costs if they are forced to become tax collectors for 12,000 jurisdictions across 46 states.”

NetChoice has sued South Dakota to stop the law, but that suit is on hold as the current matter makes its way through the courts.

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POLITICO - Morning Tax: Getting on the same page

Those opposed to giving states more power to collect from out-of-state retailers said they’re gearing up for a potential date with the U.S. Supreme Court. “We will be ready to show that the perspective of these three large online retail defendants is only a small part of the story,” said Steve DelBianco of NetChoice, referring to Newegg, Overstock and Wayfair.

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The Consumerist - Why You Should Care About South Dakota’s Controversial Online Sales Tax Law

Shortly after the law was passed, the state asked a judge to proactively declare that retailers must comply with the law. Coming at it from the other side, the American Catalog Mailers Association and NetChoice, an online retail trade group sued to block the law from being enforced, as did online retailers NewEgg, Overstock.com, and Wayfair.

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eCommerce Bytes - New Developments in Online Sales Tax Debate

Some like NetChoice point to the fact states have a way to collect taxes on purchases made by residents from out-of-state retailers – they require their own citizens to pay “use” tax for transactions in which out-of-state retailers don’t collect the “sales” tax. 

NetChoice is a trade association of ecommerce businesses and writes on its website, “most states have done little to educate consumers about their use tax obligation or to provide them with an easy mechanism for compliance. This suggests there may not be enough revenue involved for the states to invest time and resources in its recovery.”

NetChoice Executive Director Steve DelBianco said of today’s developments:

“This ruling gives the state what it wanted all along – a case they could appeal to the US Supreme Court. If the high court takes this case, we will be ready to show that the perspective of a few large online retail defendants is only a small part of the story. In fact, many thousands of smaller businesses would bear disproportionate burdens and costs if they are forced to become tax collectors for 12,000 jurisdictions across 46 states.”

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BNA Bloomberg - South Dakota Supreme Court Strikes Digital Sales Tax Statute

Steve DelBianco, executive director of NetChoice, a Washington, D.C.-based internet commerce trade association, told Bloomberg BNA that if the U.S. Supreme Court takes up the case, NetChoice would be quick to back up smaller remote retailers, who DelBianco argues would be harmed the most if Quill was overturned.

“If the high court takes this case, we will be ready to show that the perspective of the three large online retail defendants is only a small part of the story, since many thousands of smaller businesses would bear disproportionate burdens and costs if they are forced to become tax collectors for 12,000 jurisdictions across 46 states,” DelBianco said.

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BNA Bloomberg - Massachusetts Sets ‘Cookie’ Tax Regulation Without Delay

A representative from Washington, D.C.-based NetChoice, which sued the DOR over Directive 17-1, attended the public hearing but didn’t comment.

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Business Advocate - Massachusetts: Department of Revenue proceeds with proposed nexus regulation

On the other hand, entities representing internet sellers, like Netchoice and the American Catalog Mailers Association (ACMA), oppose remote nexus laws like this one.

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Associated Press - Indiana files lawsuit to defend out-of-state sales tax law

The lawsuit is in response to another lawsuit the American Catalog Mailers Association and NetChoice filed in June challenging the state’s new sales tax law and its implementation. It aims to level the playing field between Indiana businesses and out-of-state businesses that sell products online.

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