SOUTH DAKOTA RETAILERS ASSOCIATION: SDRA Files 2nd Amicus Brief in Support of South Dakota's E-Fairness Case

Four weeks from today, on April 17, 2018, the U.S. Supreme Court will hear oral arguments in State of South Dakota v. Wayfair, Inc. SDRA filed an amicus brief earlier this month in support of the State's case, and also filed a brief last November.


Source:South Dakota Retailers Association

South Dakota Retailers Association issued the following announcement on March 20.

Four weeks from today, on April 17, 2018, the U.S. Supreme Court will hear oral arguments in State of South Dakota v. Wayfair, Inc. SDRA filed an amicus brief earlier this month in support of the State's case, and also filed a brief last November.

This is a critical issue for South Dakota's retailers, the State of South Dakota, and our local communities. The Supreme Court will decide whether the state can enforce a 2016 law (Senate Bill 106) that requires large out-of-state companies to charge sales tax on purchases shipped into the state. Before our Main Street brick and mortar stores even open their doors, they're at up to a 6.5% disadvantage because remote sellers don't have to collect and remit tax on purchases unless they have a physical presence in the state.

SDRA played a key role in passage of the 2016 state law, but we've been working on this issue a long, long time. Our Board of Directors adopted a resolution in 1937 - 81 years ago - in support of allowing states to collect tax on remote sales. At that time, we were aiming at catalog companies, but in recent years, the problem of tax inequity has only continued to worsen as online sales have exploded.

The State of South Dakota and municipalities lose an estimated $50 million annually in sales tax revenue due to these untaxed sales.

SDRA believes it's long past time for this issue to be settled, and we hope the U.S. Supreme Court will rule in favor of South Dakota and in favor of Main Street retailers on this important case.

Original source can be found here.

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