State Tax Notes - States and Online Marketers Set Date for Post-Wayfair Dialogue

George Isaacson of Brann & Isaacson, Steve DelBianco of NetChoice, and Hamilton Davison of the American Catalog Mailers Association laid the groundwork for such discussions in July when they met with the Multistate Tax Commission’s executive committee in Boston.

The Boston Globe - The Mass. taxman cometh — for online retailers

Many states adopted tax-collection rules that would take effect next month, or later. But the DOR is sticking to its story: We started taxing you last fall. NetChoice, a trade group for online retailers, calls this retroactive taxation, and complains that companies are being unfairly hit up for the nearly nine months before the landmark ruling. DOR says it’s just doing its job.

Bloomberg BNA - State of Wayfair: Illinois ‘Amorphous,’ Attempting to Streamline

During the July meeting, post-Wayfairsimplification measures were passed along to state groups by George Isaacson, a senior partner at Brann & Isaacson LLP in Lewiston, Maine, who represented e-retailers before the high court in Wayfair; Steve DelBianco, president and CEO of NetChoice, a Washington-based trade association representing e-commerce businesses and online consumers; and Hamilton Davison, president and executive director of the American Catalog Mailers Association in Providence, R.I.

Bloomberg BNA - Online Tax Bill Will See Action This Year, Rep. Sensenbrenner Says

Steve DelBianco, president and CEO of NetChoice, an e-commerce trade organization, defended Sensenbrenner’s bill, arguing that in the event the bill became law, any sales tax retained by a state before Jan. 1, 2019, could be retained to satisfy use taxes owed.

Use tax is a sales tax on purchases made outside one’s state of residence for taxable items that will be used, stored, or consumed in one’s state of residence and on which no tax was collected in the state of purchase, according to investopedia.

“Use taxes are the flip side of the coin, it’s the same tax, if you don’t owe sales tax you still owe use tax,” DelBianco told Bloomberg Tax. “The real intention of Sensenbrenner’s bill is to relieve businesses of far-too-soon state implementation dates. It’s a small thing to ask for states to wait until January.”

Bloomberg BNA - State of Wayfair: First Look at South Dakota Bills

The state sued Wayfair, Newegg, and others in July 2017 right after its South Dakota-style law went on the books, inviting a countersuit by the e-commerce industry. The American Catalog Mailers Association and NetChoice said the Quill physical presence standard blocked Wyoming from forcing out-of-state vendors to collect and remit sales and use taxes.

Bloomberg BNA - South Dakota Special Session to Decide Future of Online Sales Tax

Steve DelBianco, president and CEO of NetChoice, told Bloomberg Tax Aug. 29 that its lawsuit in Tennessee is “still pending and we have scheduled discussions.” But regardless of the outcome, the Legislature has to act before collections can be required from remote sellers operating in that state, which won’t happen before January 2019, he said. The Tennessee Legislature is scheduled to reconvene Jan. 8, 2019.

Indiana Business Journal - State settles sales tax lawsuit with four online retailers

American Catalog Mailers Association and NetChoice initially filed the lawsuit against the state in June 2017, and Wayfair Inc. and joined the suit in August 2017.

Specifically, in the settlement with the American Catalog Mailers Association and NetChoice, the state agreed to provide sales tax administration software for free and cover the costs of any errors caused by that software.

Midland Paper - ACMA’s Davison & Attorney Isaacson to Provide Further Wayfair/Quill Guidance at Sept. 13th NEMOA Summit

As you may recall, last month the ACMA held a conference call with Brann & Isaacson attorneys George Isaacson and Martin Eisenstein, ACMA President & Executive Director Hamilton Davison, and NetChoice Executive Director Steve DelBianco, the replay of which is still available by clicking here.

Law360 - States Should Think Twice About Acting On Wayfair Windfall

“To call Wayfair a ‘windfall’ is a double insult to state taxpayers,” said Steve DelBianco, president and CEO of NetChoice, a trade group that represents e-commerce businesses and online consumers. “First, every tax dollar comes from state taxpayer pockets, so there is no windfall of new money coming into the state.”

Second, DelBianco points to a GAO estimate that said new tax revenue from remote sellers would amount to less than 1 percent of total state and local tax revenue.

“So this windfall isn’t going to refill a state’s coffers,” DelBianco said.

Small Business Advocate - Steve DelBianco Joins Jim Blasingame to Discuss the Wayfair ruling, the Techlash, and the "Tech Paradox"


The Techlash Segment

Steve DelBianco joins Jim Blasingame to report on the negative press the large tech companies are receiving, and to try to reveal some of their counter balancing benefits.


Steve DelBianco joins Jim Blasingame to reveal that for every advantage and benefit we get from technological innovations, also likely comes a paradoxical element that is less attractive, like getting free stuff on the Internet.


Wayfair Ruling Segment

Steve DelBianco joins Jim Blasingame to continue his reporting on how small businesses are being impacted by the Supreme Court ruling permitting every state and local government to require small businesses to remit sales tax for online sales.