SENATE AND POST WAYFAIR SALES TAX BURDEN

July 21, 2022 - Douglas Myser

Senate and post wayfair sales tax burden. In a hearing before the U.S. Senate, Small Business owners told a group of Senators how the interstate reach of state and local sales taxes authorized by the Supreme Court in South Dakota v Wayfair, Inc. has imposed new costs and other burdens. The committee also heard from an official of the U.S. Government Accountability Office studying the issue; the executive director of the governing board of the Streamlined Sales Tax consortium of states; and a CPA, Diane Yetter, who is president and founder of the Sales Tax Institute and a careerlong practitioner in state and local sales tax compliance. The session was titled "Examining the Impact of South Dakota v Wayfair on Small Businesses and Remote Sales. Senate and post wayfair sales tax burden.

The business owners testimony received unanimous, bipartisan sympathy from the senators, beginning with a statement from committee Chair Ron Wyden, D-Ore., that although his home state lacks a sales tax, Wayfair now requires its resident retailers selling remotely to navigate a "Complex web of laws" across the 45 states with a sales tax and thousands of local jurisdictions. "Congress should step in and get some concrete, actual relief to these small businesses that are hurting", Wyden said, adding that he cosponsored the Online Sales Simplicity and Small Business Relief Act of 2019, which would limit state sales taxes on remote sellers.

John Hennessey, president and CEO of Littleton Coin Co, in Littleton, N.H. described the travails of the new sales tax landscape for his business dealing in collectible coins. The coin company has been in business since the mail order catalog era but, like most such retailers, had migrated to online ordering and sale when Wayfair "Immediately required us to become the tax collector for up to 12,000 different state and local jurisdictions, with no way to calculate and collect the taxes from our customers."

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