Since the United States Supreme Court’s decision in South Dakota v. Wayfair, 585 U.S. ___ (2018), on June 21, 2018, state governments have been rapidly rewriting their rules to impose economic nexus (as opposed to physical presence) standards for sales and use taxes. At present, 43 states have implemented Wayfair-inspired rules. In the past six months, New York has been busy updating its own laws.
Interestingly, New York had its own sales tax economic nexus rule for remote sellers of tangible personal property in place prior to the Wayfair case, but it was seemingly dormant until the physical presence rule established in Quill Corp. v. North Dakota,504 U.S. 298 (1992), was overturned by Wayfair.
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by corey l. rosenthal, JD and Lance E. Rothenberg, JD, LLM