BNA Bloomberg – Expect Tax Overhaul if South Dakota Loses E-Retail Litigation

BNA Bloomberg – Expect Tax Overhaul if South Dakota Loses E-Retail Litigation

“I think that gets to the root of what we’re saying,” NetChoice Executive Director Steve DelBianco told reporters April 27. He said a state imposing rates, rules and audits “needs to be a regime where I have a physical presence allowing me to have some say in my state government and in my regulations.”

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WBUR – Mass. Will Collect Sales Taxes On Online Purchases July 1 (If There’s Not A Legal Fight First)

WBUR – Mass. Will Collect Sales Taxes On Online Purchases July 1 (If There’s Not A Legal Fight First)

Steve DelBianco is on the shameless side. He leads NetChoice, a national trade association representing e-commerce and online businesses.

“Massachusetts has this unique theory of electronic presence,” DelBianco said. “But under that theory, your business is subject to the taxation [and] regulation in any state where a user simply enters your website address. That can’t hold up to legal scrutiny, ’cause it certainly doesn’t hold up to common sense.”

For DelBianco, the only option left is a legal challenge to fight the idea that a cookie on your computer is the same thing as a storefront on Newbury Street. He said his group has sued a number of other states for online sales tax laws and he’s looking at a legal fight in Massachusetts too.

“We’re researching the legal arguments and raising the funds to pursue a lawsuit right now,” DelBianco said. He said it’s “too soon to say when we’ll be ready.”

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International Lawyers Network – States’ online tax laws continue to prompt lawsuits

International Lawyers Network – States’ online tax laws continue to prompt lawsuits

There is no end in sight for legal challenges to state government efforts to tax remote sales. The latest involves a lawsuit that Bloomberg made available online, filed by NetChoice and the American Catalog Mailers Association.

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Boston Business Journal - Retail groups blast Baker sales tax gambit as ‘budget gimmick’

Boston Business Journal – Retail groups blast Baker sales tax gambit as ‘budget gimmick’

BNA Bloomberg - High Court May Soon See South Dakota Online Sales Tax Case

Another state-court case has been on hold pending the federal proceedings—the American Catalog Mailers Association and NetChoice brought suit last April challenging the facial constitutionality of S.B. 106.

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Keloland TV - South Dakota Testing Online Sales Tax

Another group suing South Dakota, NetChoice, issued this statement:

“If this law were allowed to stand, South Dakota businesses will suffer when other states impose unreasonable administrative and tax collection burdens on South Dakota-based retailers… Indeed, if every state followed South Dakota’s lead, online retailers across the country would be responsible to over 12,000 different tax jurisdictions and face legal jeopardy from 46 state tax auditors.”

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Retailers unite! Counter divide-and-conquer tactics on online sales tax

If other states copy a South Dakota law, businesses would face sales tax audits from across the country and costly software changes.

Divide-and-conquer is a tried-and-true strategy to defeat a superior enemy. It works in war and in business, but perhaps nowhere more so than in politics.  When it comes to online sales tax, state tax administrators and legislators managed to divide the retail business community in their drive to gain new tax powers at the expense of consumer choice and small business growth.

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Tax-News - US Bill Introduced To Halt Online Sales Taxes

“Without meaningful action from Congress, catalog and online merchants across the country could be subjected to the whims of nearly 10,000 tax jurisdictions and 46 state auditors,” said Hamilton Davison, President and Executive Director of American Catalog Mailers Association, one of the four industry organizations comprising TruST, while Steve DelBianco, Executive Director of NetChoice, another TruST organization, added that, “with states like South Dakota and Alabama already harassing online retailers, it is more urgent than ever for Congress to pass legislation that would simplify the collection of sales and use taxes.”

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Yahoo News - TruST Coalition Applauds Introduction of 'No Regulation Without Representation' Bill

“With states like South Dakota and Alabama already harassing online retailers, it is more urgent than ever for Congress to pass legislation that would simplify the collection of sales and use taxes,” said Steve DelBianco, executive director of NetChoice, another TruST organization. “These blatantly unconstitutional policies must be stopped before they cause any more damage. We commend Rep. Sensenbrenner for recognizing the economic harm these state policies are having on businesses across the country.”

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