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Published byKristina Nicholson Modified over 9 years ago
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Marketplace Fairness Act March 2015
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States Without a Sales Tax Alaska Delaware New Hampshire Montana Oregon
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Supreme Court Rulings National Bella Hess v. Illinois Department of Revenue “the many variations in rates of tax, in allowable exemptions, and in administrative and record- keeping requirements could entangle [the company]'s interstate business in a virtual welter of complicated obligations to local jurisdictions” (emphasis added) Quill v. North Dakota “[O]ur decision is made easier by the fact that the underlying issue is not only one that Congress may be better qualified to resolve, but also one that Congress has the ultimate power to resolve. No matter how we evaluate the burdens that use taxes impose on interstate commerce, Congress remains free to disagree with our conclusions” (emphasis added).
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Origin Based Sales Tax States Arizona California Illinois Mississippi Missouri New Mexico Ohio Pennsylvania Tennessee Texas Utah Virginia
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Nexus: Walmart
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Nexus: Recreational Equipment Incorporated
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States where Amazon Collects Sales Taxes Arizona California Connecticut Florida Georgia Indiana Kentucky Maryland Massachusetts Minnesota Nevada New Jersey New York North Carolina North Dakota Tennessee Texas Virginia Washington West Virginia Wisconsin
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Streamlines Sales and Use Tax Agreement
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SSUTA Certified Service Providers CompanyProduct Accurate TaxEnterprise TaxTools AvalaraAvaTax CCHSpeedTax Exactor FedTaxTaxCloud Taxware
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Reasons People Shop Online Save time Avoid crowds Easily compare prices Save money Access greater variety Avoid sales tax (30% of shoppers
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Innovative State Approaches Streamlined Sales Tax Click-Through Nexus Affiliate Nexus Sales and Use Tax Notification Requirements Financial Incentives
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Internet Freedom Act (October 1998) Purpose to promote potential of internet Commercial Educational Informational Bars federal, state, and local governments from taxing internet access and imposing discriminatory internet-only taxes such as bit taxes, bandwidth taxes, and email taxes Does not exempt sales and use taxes Permanent Internet Freedom Act in July 2014
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Proposals in the Marketplace Fairness Act Member states under the Streamlined Sales and Use Tax Agreement Exemption for small businesses (vendors with gross sales of less than $1 million) Requirement to collect and remit sales taxes Restrictions on audits and liability
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Issues Considered in Marketplace Fairness Act tax relief tech neutrality no regulation without representation simplicity tax competition states' rights privacy rights
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Possible Sales Taxes in Utah State Sales and Use Local Sales and Use Mass Transit Tax Supplemental State Sales & Use Country Airport, Highway, Public Transportation Rural Hospital Botanical, Cultural, Zoo Highway Tax County Option Sales Town Option City or Town Option Resort Community Additional Resort Community
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Tax Principles Adequacy Neutrality Fairness Horizontal equity Vertical equity Ease of administration and compliance Accountability
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Trends in Internet Sales
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Total Tax Returns in Utah
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Tax Returns with Use Tax Declaration
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Percentage of Tax Returns with Use Tax Declaration
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Total Revenue from Personal Income Taxes
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Total Revenue from Use Tax
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