01 July 2018

US Corporate Law News: State sales tax development

Segaal Schorr
Associate | US

On June 21, 2018, the Supreme Court of the United States held in South Dakota v. Wayfair, that sales by a seller of a certain number or value in a state are sufficient to establish a nexus between such state and seller for the imposition of state sales tax. For state sales tax to apply in this situation, the relevant state must have a law that provides a clear threshold on when sales tax applies to an out of state seller. This holding overturns the previous rule that a seller must be physically present in a state to be subject to its sales tax. One issue that remains open is whether a seller could be subject to retroactive liability. For more information visit: https://www.withersworldwide.com/en-gb/wayfair-you-got-what-states-need

This article was written with contributions by Tim Moore.

Segaal Schorr Associate | New York