How States Are Trying New Strategies To Collect Sales Tax

By Carley Roberts, Chris Beaudro and Stephanie Do (October 10, 2017, 4:52 PM EDT) -- States historically have had one major impediment to their ability to collect sales tax — the decision in Quill Corporation v. North Dakota to uphold a physical presence test standard for determining nexus.[1] Since the Quill decision, states have applied various approaches to limit or even eliminate Quill's physical presence nexus standard. These approaches included lobbying Congress to provide federal legislation that would redefine nexus, enacting state "click-through" nexus statutes, and taking aggressive audit positions that limit the applicability of physical presence nexus.

Recently, states are employing two new strategies: (a) requiring online "marketplaces" that facilitate sales to collect sales tax...

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