Accounting Today - The future of online sales tax: What if they fail to kill Quill?

Steve DelBianco, executive director at NetChoice, said there are three scenarios in a “keep Quill” landscape:

  • States will claim that Quill doesn’t apply to specific taxes, such as Ohio’s commercial activity tax and Washington’s gross receipts tax. In November 2016, the Ohio Supreme Court declined to extend Quill to the state’s business privilege tax. A petition requesting the high court’s review is expected in April.
  • States will continue to enact legislation that aren’t “kill Quill” laws, but are “creative extensions of nexus” to “withstand the physical presence” rule — such as affiliate, click-through and marketplace provider regimes. While those regimes recognize physical presence as the rule, they define physical presence as including a relationship with an in-state entity that has physical presence.
  • States will pursue “tattletale reporting tactics,” such as the Colorado and Louisiana laws that mandate non-collecting remote vendors to report consumers’ purchases to the state.

“Goodlatte’s bill confirms the physical presence standard with specificity, and then goes on to open the door to a multistate compact that allows home state enforcement on remote sales,” DelBianco said, adding that “the beauty of the congressional approach, of either Sensenbrenner or Goodlatte, is they in fact would stop the madness of all these state bills.”

DelBianco noted that Amazon’s business model has led to its expansion into more states to provide faster fulfillment. Likewise, competition over customer service and rapid shipping will encourage other retailers to expand their physical footprint, thus triggering collection obligations in more locations.


Internet Retailer - The online sales tax may see new life in Congress

Steve DelBianco, executive director of NetChoice, a group that represents e-retailers and actively champions the Online Sales Tax Simplification Act option, says he expects Congress to resurrect prior legislation. “There is not yet movement towards a compromise bill, so I would expect reintroduction of each of the alternatives,” he says.


Before It's News - CEI Joins Coalition Letter Supporting Email Privacy Act

We, the undersigned civil society organizations, companies and trade associations, write to express our support for the Email Privacy Act (H.R. 387). The Act updates the Electronic Communications Privacy Act (ECPA), the law that sets standards for government access to private internet communications, to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.” It represents true bipartisan, commonsense reform on privacy and was endorsed unanimously by the House of Representatives in the 114th Congress.


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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.

READ MORE - Colorado: US Supreme Court Leaves Notice and Reporting Requirement Intact

Similarly, Bloomberg pointed to a statement by the executive director of NetChoice, in which he expressed concern that because the Supreme Court did not choose to take on the DMA case, “states will now be unrestrained in passing new ‘tattletale reporting’ laws that force online and catalog retailers to report personal information and purchase data to state tax collectors.”


Stubhub Concourse - Positive Tickets Legislation Introduced in Virginia and Missouri

In Virginia, this legislation has quickly gained the attention of fans and media. The Richmond Times Dispatch published two articles highlighting that the bill would (link is external) “protect the right of Virginians to buy an event ticket and to give it away as they please,” said Steve DelBianco, executive director of NetChoice. The second article (link is external) discusses the restrictions Ticketmaster has enforced on fans buying or selling tickets. StubHub supports this common sense approach to ticket restrictions that are often deemed inconvenient, unworkable, and unfair by fans.


Richmond Times Dispatch - Markus Schmidt: Albo bill could clear hurdle for resale of concert tickets

Steve DelBianco, executive director of NetChoice, a Washington-based trade association of e-commerce businesses and online consumers, said that while the delegate’s proposal is brief, it would protect consumers’ rights.

“When people buy an event ticket they can give that away as they please,” DelBianco said. “While the bill doesn’t prohibit (Ticketmaster) from issuing these restrictive tickets, they also have to issue a transferable ticket, giving fans a choice.”

Ticketmaster and LNE have yet to respond to Albo’s proposal, but DelBianco said the companies might not be opposed to removing the roadblocks they created eight years ago — because they can now rely on a new federal law that prohibits cyber scalpers from using bots to scoop up thousands of tickets for popular sporting events, concerts and theater performances to resell on other websites.


Richmond Times Dispatch - Stuck with a paperless ticket to a game or show? Albo bill would make it easier to sell in Va.

“Restricted ticketing is not a surgical solution, it’s a treatment that’s worse than the disease,” said Steve DelBianco, executive director of NetChoice, a Washington-based trade association of e-commerce businesses and online consumers who share the goal of promoting convenience, choice and commerce on the net.

Albo’s measure would protect the right of Virginians to buy an event ticket and to give it away as they please, DelBianco said.