A federal legislative solution to the state sales tax collection loophole benefiting remote-only sellers to the competitive disadvantage of local brick-and-mortar distributors and retailers remains elusive. However, the federal judiciary may be in the process of moving the needle on the “e-Fairness” issue.
As we reported last fall, the State of South Dakota passed a law requiring remote sellers to collect and remit the state’s sales tax on certain transactions, knowing that their law was almost certain to be struck down as violating the Supreme Court’s Quill decision barring states from requiring that the taxes be collected by remote sellers without a physical presence – nexus – in the state.