October 22 - Election Preview
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At an informal gathering in St. Louis this month organized by the National Conference of State Legislatures, the online industry group NetChoice called for congressional action in the wake of the U.S. Supreme Court’s ruling in South Dakota v. Wayfair giving states more freedom to tax out-of-state retailers.
The group made 20 recommendations to help remote sellers meet their new obligations under Wayfair and ensure that states observe the limits on their authority imposed by the court. They included a prohibition on retroactive taxes, a delay in the implementation of new collection requirements, and incentives to encourage states to join the Streamlined Sales and Use Tax Agreement (SSUTA).
But Neal Osten, director of NCSL’s D.C. office, said there’s not much appetite in the current Congress to address remote sales taxes.
“From Congress’ point of view, this is a settled matter,” he said. “The courts have ruled, and Congress is not going to act.”
States would also have to be persuaded to give up a fight they’ve already won, said Utah Sen. Curt Bramble (R), a former NCSL president, who added that would be a “very tough sell.”
Still, discussion of the issue will resume at next month’s meeting of the NCSL Task Force on State and Local Taxation. (BLOOMBERG TAX)