California will tax sales by out-of-state sellers starting April 1, 2019

California flagAfter months of deliberation, the California Department of Tax and Fee Administration (CDTFA) has come up with a response to South Dakota v. Wayfair, Inc., the decision by the Supreme Court of the United States that overruled the physical presence rule preventing states from taxing remote sales. California will require out-of-state sellers with a certain amount of economic activity in the state to collect and remit sales tax* starting April 1, 2019.

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Can States Hold Remote Sellers Liable for Back Sales Tax?

When the Supreme Court of the United States overruled the physical presence requirement in its decision on South Dakota v. Wayfair, Inc. (June 21, 2018), it removed the barrier preventing states from taxing remote sales. However, it provided little guidance on how states should or could go about taxing sales by sellers with no physical presence in the state. To prevent making waves, many states are emulating the law that opened the floodgates. 

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Online Sellers and Sales Tax: What Your Clients Need to Know Due to Wayfair

It’s a new world for online sellers now that the U.S. Supreme Court repealed the long-standing rule that a state can only tax businesses with a physical presence in the state. Although states have tried to increase sales tax collections from out-of-state sellers for years, remote businesses have largely been protected from state taxing authorities by the physical presence rule.

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States to watch in the wake of the South Dakota v. Wayfair, Inc. Supreme Court ruling

 Now that the Supreme Court has ruled in favor of the state in South Dakota v. Wayfair, Inc., many businesses are wondering how the decision will impact their sales and use tax obligations in other states.

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