SALT Nexus Impact of the Wayfair Ruling

The U.S. Supreme Court’s 5-4 decision, June 21, 2018, in South Dakota v. Wayfair, Inc., U.S. Supreme Court Case No. 17-494, (herein referred to as “Wayfair” or the “ruling”) will have a significant impact on U.S. multi-state businesses. The Court’s Justices ruled in favor of South Dakota, overruling the Court’s previous decision in both Quill Corp. v. North Dakota, 504 U.S. 298 (1992) and National Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753 (1967), which placed an increased sales tax compliance burden on businesses with multi-state operations.

In its decision, the Court concluded that South Dakota’s law was not overreaching and pointed to several aspects of the State’s law in supporting its position. As a result of the Wayfair ruling, other states will need to consider whether their laws (or soon to be proposed laws) will fall within the parameters of the Court’s decision.

The Court’s decision will have a significant impact on businesses across many industries that sell products or services in multiple states. Although e-commerce is first-of-mind with this ruling, its decision will affect many more industries, businesses and customers, including, but not limited to:

Brick and mortar stores shipping to customers with locations in other states
Manufacturing, distribution and construction companies who buy, sell or provide services to clients in multiple states
Software vendors, including SaaS companies, issuing licenses in states where they are not registered
Health care providers or insurers
Professional services

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Wayfair and the Impact on Technology Companies

Publication | Mar 11, 2019
More About | Technology & Life Sciences | State & Local Tax | SALT Nexus

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More About | Private Equity | SALT Nexus

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The Wayfair Ruling’s Impact on Financial Reporting

In arguably the most important sales tax case in the past twenty-five years, the U.S. Supreme Court released its highly anticipated decision in South Dakota v. Wayfair, Inc. in June. In essence, the Wayfair decision eliminated the historical “physical presence” nexus standard for sales tax and effectively puts into place an “economic” nexus standard based on the amount of business a company does in a given jurisdiction. The court upheld South Dakota’s nexus statute, which defines doing business in the state as having greater than $100K in sales or 200 transactions in a year within the state.

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State and local taxes are complex for all industries, including manufacturing. The varied and nuanced nexus and apportionment rules for income and franchise taxes along with the complexities surrounding sales and use tax obligations require a tremendous level of knowledge and resources to effectively manage. Join DHG's MDR team as we explore state tax issues that impact manufacturers, discuss potential risks and opportunities, along with strategies to minimize those risks and capitalize on those opportunities.

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The South Dakota vs Wayfair ruling leaves many companies with a greater sales tax compliance burden and can impact both sales and purchases. With each state’s requirements varying widely, technology companies will need to dedicate more time and resources to meet states’ taxability and reporting requirements.

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