{"id":2237,"date":"2019-05-20T14:34:35","date_gmt":"2019-05-20T14:34:35","guid":{"rendered":"https:\/\/sarahf10.sg-host.com\/?p=2237"},"modified":"2021-02-23T21:13:58","modified_gmt":"2021-02-23T21:13:58","slug":"online-sellers-argue-mass-pre-wayfair-sales-tax-unlawful","status":"publish","type":"post","link":"https:\/\/taxops.com\/online-sellers-argue-mass-pre-wayfair-sales-tax-unlawful\/","title":{"rendered":"Online sellers argue Mass. pre-Wayfair sales tax unlawful"},"content":{"rendered":"

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Six online retailers sued the Massachusetts Department of Revenue (DOR) over a sales tax rule that predates the U.S. Supreme Court?s landmark Wayfair ruling. The Supreme Court ruled that states can collect sales taxes from out-of-state sellers even in jurisdictions where the sellers do not have a physical presence in the state.<\/p>\n

Prior to the high court?s ruling, the State of Massachusetts required out-of-state online retailers to collect and remit sales taxes beginning in October 2017, nine months before the Supreme Court decision. When Wayfair was enacted, the DOR issued a statement that its existing regulation 830 CMR 64H.1.7 (Vendors Making Internet Sales), which took effect in October 2017, continued to apply and is not impacted by the Supreme Court?s decision.<\/p>\n

It?s that nine months of sales tax collections due that is at issue for six retailers who have filed a lawsuit in Boston. These retailers contend that prior to Wayfair, Massachusetts Department of Revenue collection ruling was unconstitutional and, therefore, these retailers are not on the hook for almost $3 million in sales tax collections for the nine months of sales.<\/p>\n

Should these retailers fail in their suit against the DOR, all out-of-state retailers may be on the hook for the retroactive payment of dollars in taxes on nine months of sales.<\/p>\n

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Judy Vorndran<\/a> can be reached at jvorndran@taxops.com<\/a> Or 720.227.0093. Follow<\/a> Judy on LinkedIn.<\/p><\/blockquote>\n

In other Tax News<\/h4>\n