SCOTUS Ends Physical Presence For Online Retailers

Posted on 06-26-2018 by
Tags: online retailer , Supreme Court , Wayfair

Wayfair: Substantial Nexus Without Physical Presence 

South Dakota v. Wayfair settled the physical presence debate under the substantial nexus prong of the Complete Auto Test. The case was remanded to the South Dakota courts for further consideration of the commerce clause test’s remaining three prongs.

More Challenges On The Way

Further, Wayfair only upholds the South Dakota law and only does so with respect to the issue of substantial nexus. It remains to be seen whether other state laws imposing collection obligations on out-of-state sellers will pass constitutional muster under Wayfair. To the extent other state laws apply retroactively, do not have sufficient safe harbor provisions or are otherwise burdensome on interstate commerce, those laws are ripe for constitutional challenges.
High Court Kills Quill, But What’s Left?, Law360, June 22, 2018

Read the Wayfair decision and get legal news and analysis for the taxation of online businesses below:


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