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May 2019 » Changing the State and Local Tax...
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Corey L. Rosenthal, JD, Scott Smith, and Wendy Galex, JD, LLM
One of the major state and local tax developments that CPAs have been dealing with is the Supreme Court's decision on June 21, 2018, in South Dakota v. Wayfair, Inc., 585 U.S. ___ (2018), and the sales tax economic nexus implications related to it. In a 5-4 decision, the Court found in favor of the state of South Dakota, expanding the definition of in-state nexus to include a “virtual presence.” This landmark decision has created a profound impact on state and local sales tax administration and, in turn, states' authority to require sales and use tax registration and collection for out-of-state companies that do not have any physical presence within a specific jurisdiction.
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