Court Won't Hear Appeal Of New York Internet Taxation

Tax Law

The Supreme Court on Monday refused to consider throwing out New York state's taxes on Internet purchases on websites like Amazon.com, a move that could change the way Internet commerce works.

The high court refused without comment to hear appeals from Amazon.com LLC and Overstock.com Inc., in their fights against a state law that forces them to remit sales tax the same way in-state businesses do.

Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.

Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.

The Supreme Court refusal to hear the websites' appeal likely will prompt more and more states to attempt to collect taxes from website purchases. Around 20 states, including New York, already have similar laws on the books. The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases.

Related listings

  •  Idaho Supreme Court upholds grocery tax veto

    Idaho Supreme Court upholds grocery tax veto

    Tax Law 08/07/2017

    The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took to...

  • Court sides with towns over utilities in tax dispute

    Court sides with towns over utilities in tax dispute

    Tax Law 07/13/2017

    Two electric utilities seeking to reduce their property taxes in dozens of towns across New Hampshire lost an appeal Friday to the state Supreme Court.Eversource and the New Hampshire Electric Cooperative sought tax abatements from 64 towns in 2011 a...

  • South Dakota and Flandreau Santee Sioux tribe clash in court

    South Dakota and Flandreau Santee Sioux tribe clash in court

    Tax Law 07/03/2017

    The Flandreau Santee Sioux tribe is suing South Dakota over the state's interpretation that contractors working on an expansion of the Royal River Casino are required to pay contractor excise taxes to the state.The Argus Leader reported that the laws...

Can my trucking injury case be filed in Illinois?

If you have been injured in a truck driving accident, you may be wondering whether your worker’s comp case can be filed in Illinois. For an injured truck driver, this is an important question to ask, as the jurisdiction of the case can end up having a big impact on your benefits.

There are three main scenarios in which the Illinois Worker’s Compensation Commission would have jurisdiction over a trucking injury:

-If the accident took place in Illinois, If the employer is principally located in Illinois, or If the contract for hire is in Illinois

This means that a truck driver whose home terminal is in Illinois can make a claim for workers comp benefits in Illinois even if they were injured while on the road in another State. It also means that truck drivers who get hurt while passing through Illinois can file a claim in Illinois, even if their employer is located in another state.

If you have been injured on the road, and you are unsure where and how to file your workers comp claim, call us at (312)-726-5567 to begin your consultation. We can advise you whether Illinois is the right state to file for you. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.

Business News

Eugene, OR Criminal Defense DUII Attorney MJM Law Office was founded to provide clients with representation in Criminal Defense. >> read