NetChoice in the News

King5 News - Looking for concert tickets? Don't be fooled by online scalpers

Consumers are being fooled into buying tickets from online scalpers posing as the official event venue, often leading them to pay inflated prices for subpar seats.“These are slippery actors,” said Steve DelBianco, executive director of the consumer advocacy group NetChoice. “They will close a website down and open up a new website with new domain names to fool new customers.”

DelBianco said state and federal authorities have the ability to go after unfair and deceptive trade practices.

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Southern California Public Radio - Should out-of-state online retailers be required to collect sales tax on in-state purchases?

The U.S. Supreme Court agreed last week to take up a case that would overturn a 1992 decision exempting retailers with no physical presence in a state from collecting state sales tax.

E-commerce advocates such as NetChoice argue that a change in the law would stifle innovation, putting undue burdens on businesses that don’t have a store, office or warehouse in states where purchases are made.

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Boston Herald - Yahoo asks Supreme Court to overturn Mass. court ruling on estate rights to dead’s emails

Both Yahoo and the Ajemians received support through amicus briefs when the case was before the SJC. NetChoice, a trade association with high-powered members like Facebook and Google, stood with Yahoo.

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Bloomberg Law - High Court Has The Ball: State Digital Tax Cases Slowing Down

There’s been little movement in the Indiana case since a complaint was filed in June 2017 by Washington-based NetChoice and the American Catalog Mailers Association (ACMA), asking an Indiana trial court to strike down House Enrolled Act 1129. The statute requires out-of-state retailers to collect and remit Indiana sales tax if those sellers have 200 or more transactions in the state or sell $100,000 or more in-state.

Steve DelBianco, executive director of NetChoice, previously told Bloomberg Tax in September 2017 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.”

“It’s a delicious irony how Massachusetts argues that a Virginia court lacks jurisdiction over the Massachusetts DOR, while at the same time claiming their DOR has tax jurisdiction over Virginia retailers who lack any physical presence in Massachusetts,” DelBianco said.

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CoinWeek - News From the Political Coordinator

Amicus briefs filed in support of the respondents (Wayfair, et. al.) include the National Taxpayers Union FoundationNetChoiceAmericans for Tax Reform, and Chris Cox. Cox is a former member of congress (R-MN) and co-author of the Internet Tax Freedom Act.

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Drinker Biddle & Reath LLP - The Supreme Court Grants Certiorari In Online Sales Tax Case

Amicus briefs opposing the petition were submitted by the National Taxpayers Union Foundation; NetChoice; Hon. Representative, Robert W. Goodlatte; Chris Cox, former member of Congress and co-author of the Internet Tax Freedom Act; the American Catalog Mailers Association; and Americans for Tax Reform.

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The National Law Review - The Supreme Court Grants Certiorari in Online Sales Tax Case

Amicus briefs opposing the petition were submitted by the National Taxpayers Union Foundation; NetChoice; Hon. Representative, Robert W. Goodlatte; Chris Cox, former member of Congress and co-author of the Internet Tax Freedom Act; the American Catalog Mailers Association; and Americans for Tax Reform.

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Digital Commerce 360 - US Supreme Court agrees to hear South Dakota's online sales tax case

In September, Netchoice executive director Steve 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.”

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Reuters - U.S. Supreme Court takes up state online sales tax dispute

Reuters – U.S. Supreme Court takes up state online sales tax dispute

Steve DelBianco, president of e-commerce trade association NetChoice, expressed disappointment about the court taking up the case.

“It’s not the decision we sought, but we’re glad the nation’s highest court will learn how new state laws are imposing unreasonable tax burdens on out-of-state businesses,” DelBianco said.

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One America News Network - U.S. Supreme Court Takes Up State Online Sales Tax Dispute

Steve DelBianco, president of e-commerce trade association NetChoice, expressed disappointment about the court taking up the case.

“It’s not the decision we sought, but we’re glad the nation’s highest court will learn how new state laws are imposing unreasonable tax burdens on out-of-state businesses,” DelBianco said.

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Bloomberg Tax - High Court Extends Review of Digital Tax Case

Steve DelBianco, president and CEO of NetChoice, a Washington-based internet commerce trade association that is leading most of the “kill Quill” challenges, told Bloomberg Tax that the extension reflects a minority among justices who want to take up the issue.

“It indicates that as of now fewer than four Justices believe South Dakota’s appeal deserves a review,” DelBianco said.

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News Blaze - Supreme Court To Revisit Internet Sales Tax Ruling

However, critics say the tax would pose an “unreasonable tax burden” on online businesses. Steve DelBianco, who serves as president of NetChoice, an e-commerce trade organization, said states are imposing unreasonable burdens on out-of-state businesses, according to Reuters. Others argue that consumers will be hit in the wallet by the move.

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Express Newsline - Supreme Court Agrees to Consider Internet Sales Taxes

But NetChoice – which counts eBay, Google, and Facebook among its members – argues that requiring retailers to collect tax in every state and local jurisdiction in the US would unfairly burden companies. Since the beginning of online sales by remote sellers, states have struggled to find ways to collect tax revenue from the sales into their states by sellers located outside the state.

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Eagle Tribune - Online sales tax debate up to Supreme Court

NetChoice — a group that represents online retailers including Overstock.com, eBay and PayPal — says the Baker administration doesn’t have the authority to tax businesses with no actual presence in Massachusetts.

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GK Men - US Supreme Court Grants State's Petition to Review Tax Fairness Case

But NetChoice – which counts eBay, Google, and Facebook among its members – argues that requiring retailers to collect tax in every state and local jurisdiction in the US would unfairly burden companies. Courts in South Dakota blocked the law, saying they were bound by U.S. Supreme Court precedent. However, the measure was stalled in the House Judiciary Committee.

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Tax Notes - Shock, Surprise, and Hope as Supreme Court Agrees to Revisit Quill

Steve DelBianco of NetChoice, which strongly opposes S.B. 106 and has challenged similar laws in other states, said, “It’s not the decision we sought, but we’re glad the nation’s highest court will learn how new state laws are imposing unreasonable tax burdens on out-of-state businesses.”

Hamilton Davison, president of the American Catalog Mailers Association Inc., which has spearheaded legal challenges with NetChoice, took a similar position and said he is hopeful the Court can separate the “rhetoric from the reality of forcing sales tax collection burdens on remote sellers.” 

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Solo News - Can states collect sales taxes on all purchases?

But NetChoice – which counts eBay, Google, and Facebook among its members – argues that requiring retailers to collect tax in every state and local jurisdiction in the US would unfairly burden companies.

“There are still over twelve-thousand sales tax jurisdictions in the U.S.”, NetChoice writes in its friend-of-the-court brief. “Congress should not sit on the sidelines as the Supreme Court considers this case”.

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Graffio Tech - Supreme Court to rule whether e-retailers pay state sales tax

The dispute over South Dakota’s new tax law has drawn the attention of numerous outside groups, including the American Booksellers Association, which supports the law, and NetChoice, which opposes it. “With the advent of smartphones, many customers soon realized that, instead of buying a book from an independent bookstore and paying tax, they could buy the same book from an online retailer using their smartphones and avoid paying tax”, that group argues. “Congress should not sit on the sidelines as the Supreme Court considers this case”. “The Quill standard allows internet start-ups, as well as small and medium-sized online and brick-and-mortar businesses, to exist”, NetChoice writes.

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Car Insider News - Sales Tax Collection Headed to Supreme Court

NetChoice Executive Director Steve DelBianco has said 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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iStreet Research - Supreme Court agrees to hear Texas redistricting case

Meanwhile ecommerce trade group NetChoice says states already 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.

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