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Retail Tax and E-Commerce

One of the unique requirements of the American system is that businesses are expected to collect almost all of the taxes required by federal, state, and local governments. For example, property tax is collected by banks, income tax is collected by employers, and sales tax is collected by businesses. And it’s an awful lot of burden. For many U.S. retailers, collecting sales tax is about to get more complex. Despite the well-established precedent of physical presence required for tax collection (based on two Supreme Court cases: the 1967 Bellas Hess case and the 1992 Quill decision) – cash-strapped states are pursuing, some quite aggressively, sales tax based on internet transactions where there is no physical presence in an effort to replace a revenue stream that was tangible when retail was primarily a brick and mortar market.

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