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Thread: SCOTUS to revisit Quill v. North Dakota

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    Unobtanium crimethink's Avatar
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    SCOTUS to revisit Quill v. North Dakota

    Say goodbye to tax-free online...


    https://www.bloomberg.com/news/artic...h-court-review


    The U.S. Supreme Court will consider freeing state and local governments to collect billions of dollars in sales taxes from online retailers, agreeing to revisit a 26-year-old ruling that has made much of the internet a tax-free zone.

    Heeding calls from traditional retailers and dozens of states, the justices said they’ll hear South Dakota’s contention that the 1992 ruling is obsolete in the e-commerce era and should be overturned.

    State and local governments could have collected up to $13 billion more in 2017 if they’d been allowed to require sales tax payments from online merchants and other remote sellers, according to a report from the Government Accountability Office, Congress’s nonpartisan audit and research agency. Other estimates are even higher. All but five states impose sales taxes.

    (...)

    The high court’s 1992 Quill v. North Dakota ruling, which involved a mail-order company, said retailers can be forced to collect taxes only in states where the company has a “physical presence.” The court invoked the so-called dormant commerce clause, a judge-created legal doctrine that bars states from interfering with interstate commerce unless authorized by Congress.

    (...)

    Three current justices -- Clarence Thomas, Neil Gorsuch and Anthony Kennedy -- have expressed doubts about Quill. Kennedy said in 2015 that Quill had produced a “startling revenue shortfall” in many states, as well as “unfairness” to local retailers and their customers.

    “A case questionable even when decided, Quill now harms states to a degree far greater than could have been anticipated earlier,” Kennedy wrote. “It should be left in place only if a powerful showing can be made that its rationale is still correct.”

    Gorsuch, the newest Supreme Court justice, suggested skepticism about Quill as an appeals court judge. And Thomas has said he would jettison the entire dormant commerce clause, saying “it has no basis in the Constitution and has proved unworkable in practice.”
    The night has come upon us, and we have but two choices: to fear it, or to face it bravely while looking to the Light that cannot be overcome. John 8:12

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    Re: SCOTUS to revisit Quill v. North Dakota

    "Conservatives" Thomas and Gorsuch support taxing interstate commerce?

    Since reversal of Quill v. North Dakota would greatly benefit hard-left amazon.com, we can be certain Ginsburg, Sotomayor, Breyer, and Kagan will support it. Thomas puts it over the top. Yay, more taxes! hurl.gif
    The night has come upon us, and we have but two choices: to fear it, or to face it bravely while looking to the Light that cannot be overcome. John 8:12

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    cheka. (12th January 2018)

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    Re: SCOTUS to revisit Quill v. North Dakota

    just like to add that amazon already taxes me (tx). not sure if it's for every item, or for just the items sitting in tx warehouses

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    Re: SCOTUS to revisit Quill v. North Dakota

    Quote Originally Posted by cheka. View Post
    just like to add that amazon already taxes me (tx). not sure if it's for every item, or for just the items sitting in tx warehouses
    amazon.com LLC (the fulfillment entity for amazon.com, Inc.) initially hid behind Quill v. North Dakota (as was their right) while growing to behemoth size. Then, they started negotiating deals with various states for kickback incentives to place warehouse-distribution centers there in exchange for agreeing to charge sales or "use" taxes on all customers in that state. About a year ago, amazon finally started charging on orders to 45 states - the other five don't have sales tax.

    Anything sold by amazon.com LLC is taxed at the buyer's location's rate. Third-party sellers (including FBA orders), however, are allowed to skip tax unless they have the Quill-required "nexus" (physical presence in the state of the buyer). Some still charge, but most do not. Yet.

    Since amazon is now charging tax nationwide, a reversal of Quill would cause severe damage to retailers who use Quill, like Newegg (if Newegg, et. al., must charge tax on interstate commerce, and the price is the same or similar, why not order it for two-day Prime delivery?). This move is likely due to a combination of factors, including leftist addiction to undeserved revenue as well as backroom lobbying by Jeff Bozos' goons.
    The night has come upon us, and we have but two choices: to fear it, or to face it bravely while looking to the Light that cannot be overcome. John 8:12

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    Re: SCOTUS to revisit Quill v. North Dakota

    Trump Signals Support for Internet Sales Tax Over Conservatives’ Objections

    http://dailysignal.com/2018/01/08/tr...lawmaker-says/
    The night has come upon us, and we have but two choices: to fear it, or to face it bravely while looking to the Light that cannot be overcome. John 8:12

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