Bloomberg BNA - House Judiciary Schedules Hearing on State Online Sales Taxes

It’s unclear which of those will be on the table at the Judiciary hearing, but “the committee is tuning-in to the growing chorus of state tax collectors demanding back taxes, interest, and penalties,” Steve DelBianco, president and CEO of NetChoice Inc., told Bloomberg Tax. “There’s enough noise here for Congress to step in and say, stop the music.”

NetChoice, an industry association for e-commerce, has been at the heart of many of the lawsuits designed to stop states’ online sales taxation efforts.

The Daily Caller - Maybe Brett Kavanaugh Can Save Conservative Supreme Court Justices From Their Judicial Activism

Judge Brett Kavanaugh’s consideration for the bench could pull Supreme Court’s conservatives back from their recent lurch into judicial activism. Nowhere else was this judicial activism by Conservative judges more apparent than in last month’s 5-4 Supreme Court decision in South Dakota v. Wayfair.

This decision exposed countless small businesses to tax collectors from 46 states. In doing so, the court struck down a key Supreme Court precedent that required a business to be physically present in a state before it can be forced to collect tax there.

Unfortunately, the bad news doesn’t stop there.

Read more at the Daily Caller

Bloomberg Tax - House Judiciary to Hold Hearing on State Online Sales Taxes

It’s unclear which of those will be on the table at the Judiciary hearing, but “the committee is tuning-in to the growing chorus of state tax collectors demanding back taxes, interest, and penalties,” Steve DelBianco, president and CEO of NetChoice Inc., told Bloomberg Tax. “There’s enough noise here for Congress to step in and say, stop the music.”

NetChoice, an industry association for e-commerce, has been at the heart of many of the lawsuits designed to stop states’ online sales taxation efforts.

KenThink - US Supreme Court Sales Tax decision hurts small online businesses

Chris Cox, a lawyer for e-commerce industry group NetChoice, claimed that small businesses would be most affected: “Consumers will quickly feel the negative effects as those businesses dry up or are forced into the arms of Internet giants.”

Carter Shelton - South Dakota Defeats North Dakota: Ends Physical Presence/Sales Tax Nexus Debate

The American Catalog Marketers Association and Netchoice filed litigation challenging the regulation, and the case is being held in abeyance. In addition, the legislature put the brakes on the enforcement of the regulation, pending the outcome in Wayfair, so Tennessee must wait for the General Assembly to reconvene in January before it will have clear guidance on the future of remote sales tax collection in Tennessee (baring a special session in an election year with the Governor term-limited, which is very unlikely).

Rakuten Super Logistics - Online Sales Tax Pt 2: What the Supreme Court Decision Means for Ecommerce

NetChoice, an ecommerce trade group, said action was required because brick-and-mortar businesses “won’t have to comply with differing rules of over 12,000 tax jurisdictions, or integrate costly tax software into their operations.”

Independent Retailer - New Supreme Court Ruling Impacts Online Retailers

“Small web businesses will be hardest hit,” said Chris Cox, NetChoice outside counsel in a press release, “particularly those with only a single location, because they can’t afford the overhead to comply with thousands of different tax rules across the country. Consumers will quickly feel the negative effects as those businesses dry up or are forced into the arms of Internet giants.”

World Trademark Review - Rights holders evidence enforcement struggles as WHOIS data requests go unanswered

While it was noted that parties with a legitimate access can currently lodge data access requests with registries and registrars, Steve DelBianco, president and CEO of NetChoice, observed that this comes with the caveat that such requests can be rejected where legitimate interest is over-ridden by the data subject’s rights. He observed: “At this early stage of implementation you can imagine how difficult it is for registries and registrars to make that decision in the absence of legal advice.” What appears to now be happening is that the default response to such requests is no response – the result hindering the ability or brand owners to investigate police misuse.

TaxNotes - States Should Act With Care Following Wayfair

Opponents of online sales taxation are already calling for such action. In a June 21 press release by eCommerce association NetChoice, President and CEO Steve DelBianco argued the Court “lacks the tools Congress has to protect interstate commerce and reduce regulatory complexity.”

“Congress should immediately address this situation by delivering a law that harmonizes the interests of consumers, small businesses, and state government,” DelBianco said.

Technology & Marketing Law Blog - Challenge to Santa Monica’s “Anti-Airbnb” Law Dismissed–Homeaway v. Santa Monica

Opening Brief from Airbnb/HomeAway. Amicus briefs in support of Airbnb/HomeAway from NetChoice, Copia, and Internet companies.