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.

READ MORE

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.”

READ MORE

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.

READ MORE

BNA Bloomberg - Daimler Backs Car-Sharing Startup Under Pressure From Hertz

While Turo is tiny compared with Uber Technologies Inc. or Airbnb Inc., the resistance it’s seeing from established players is reminiscent of what the larger upstarts faced from taxi and hotel companies, said Steve DelBianco, executive director of NetChoice, a trade group representing online businesses including Turo.

READ MORE

BNA Bloomberg - Wayfair, Overstock Dragged Into Indiana Online Tax Fight

Washington-based NetChoice, one of the associations bringing the Indiana lawsuit, didn’t immediately respond to requests for comment. The other party, the Washington-based American Catalog Mailers Association, declined to comment. The ACMA, like NetChoice, is entangled in the other pending lawsuits as well.

Steve DelBianco, executive director of NetChoice previously told Bloomberg BNA that he was “confident that the court would grant an injunction barring enforcement of the Indiana law, just as a South Dakota court did in March by invalidating a nearly identical law there.”

READ MORE

Small Business Radio - Debating the merits of not taxing Internet sales

Debating the merits of not taxing Internet sales

Could a global congress on trust help control digital fear and greed

Why Massachusetts bailed on remote sales tax collection

Washington Post - South Dakota seeks overturn of high court sales tax decision

If the Supreme Court overturns the 1992 decision, state tax collectors would be able to reach across their borders to impose sales tax obligations on businesses who sell to residents in their states, said Steve DelBianco, executive director of NetChoice, an e-commerce trade group.

DelBianco said that smaller retailers would be burdened the most if the decision is overturned. He said states are employing a strategy of “harassing” the retail community with a patchwork of laws and regulations including South Dakota’s “full-frontal challenge” to the high court decision.

“These multiple challenges to interstate commerce were designed to create so much chaos for the business community that it would beg Congress for relief,” he said.

READ MORE

Also in:

Miami Herald

Lexington Herald Leader

Associated Press

Star Telegram - South Dakota seeks overturn of high court sales tax decision

If the Supreme Court overturns the 1992 decision, state tax collectors would be able to reach across their borders to impose sales tax obligations on businesses who sell to residents in their states, said Steve DelBianco, executive director of NetChoice, an e-commerce trade group.

DelBianco said that smaller retailers would be burdened the most if the decision is overturned. He said states are employing a strategy of “harassing” the retail community with a patchwork of laws and regulations including South Dakota’s “full-frontal challenge” to the high court decision.

“These multiple challenges to interstate commerce were designed to create so much chaos for the business community that it would beg Congress for relief,” he said.

READ MORE

Digital Commerce 360 - Losing sleep over lost revenue: A mattress retailer sues a rival over sales tax collection

Steve DelBianco, executive director of NetChoice, a national trade association representing online retailers, says nexus has not been applied before to shipping carriers, retailers that offer “white glove” delivery inside a home or retailers that remove trash from homes.

“It’s an attempt to stretch the definition of a physical presence to include that of a common carrier,” says DelBianco, who declined to comment specifically about this case.

READ MORE

WITF - Lawsuits likely if PA expands online sales taxation

But others don’t see it that way–like Steve DelBianco, executive director of the e-commerce trade association, NetChoice.

“Marketplaces cannot be held accountable for the sales made by stores that happen to use their platform,” he said. “That’s as if you would require a shopping mall to be responsible for sales tax on sales made by stores in the mall–that’s ridiculous in the real world, and it’s just as indefensible in the online world.”

NetChoice has been busy filing lawsuits against the states who have passed or are considering so-called “marketplace fairness” laws.

READ MORE