WAYFAIR DECISION EVENS PLAYING FIELD

July 25, 2022 - Douglas Myser

Wayfair decision evens playing field. The Wayfair Tax decision happened, due to large online retailers like Walmart and Amazon flouting again the IRS Tax System, so they can maximize profits at the expense of the American Economy, by not paying their fair share of taxes. The net result of the decision is that smaller retailers now have to pay sales tax on retail items they sell across state lines, again making it harder for them to compete with the larger retailers that the law was actually designed to event eh playing filed. The unintended consequences for smaller retailers are the same, harder to compete with the larger corporations. Wayfair decision evens playing field.

When the Wayfair decision was reached in the Supreme Court, the Court's rationale was that is was unfair for small businesses, brick and mortar, to pay local sales tax, but not the online giants who were raking in billions in profit and paying virtually no taxes across state lines. Yet, to some degree the opposite has happened. Without a carveout for smaller business, the Supreme Court hasn't helped and may have actually hurt smaller business in the process. Business owners testimony before Congress received bipartisan support from U.S. Senators, with a statement from committee Chair Ron Wyden, D-Oregon, that retailers selling remotely had to navigate a "complex web of laws" across 45 states with a sales tax and thousands of local jurisdictions. In 2019 Wyden, co-sponsored the Online Sales and Simplicity and Small Business Relief Act of 2019, which would limit state sales taxes on remote sellers. The law was originally designed for retailers who sold over $200,000,000 in annual sales.

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