Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

October 12, 2018

Congress Must Stop the Internet Sales Tax Mugging of Small Businesses and Jobs

Americans from coast to coast enjoy purchasing goods on the internet. It’s comfortable, convenient, and the product is delivered right to your doorstep.

Americans from coast to coast enjoy purchasing goods on the internet. It’s comfortable, convenient, and the product is delivered right to your doorstep. Online shopping makes it possible for people to buy products from states clear on the other side of the country and, in many cases, to find unique or difficult to find items.

This boom in online shopping has brought tremendous benefits to consumers but has also created tremendous opportunities for small businesses. This trend has created countless small sellers across the nation leading to the creation of jobs and wealth.

This exciting trend faces a potential hurdle after a Supreme Court ruling this summer. The case (South Dakota v. Wayfair) overturned a decades old precedent in Quill Corp v. North Dakota. Specifically, the justices decision struck down the “physical presence” standard, which stipulated that out-of-state sellers, referred to as remote sellers, were not required to collect sales tax for states where they did not have a physical presence.

Under the previous standard, a small seller in Ohio is not required to collect and figure out the sales tax for an item bought from a consumer in California or any other state. With over 10,000 different tax jurisdictions across the nation, the burden for small businesses would be crushing. This will create enormous costs for companies that have to navigate complex tax laws. Small sellers may need to pay accountants and lawyers to help them comply with these thousands of laws and may open themselves up to potential audits and other state regulations. Large corporations may easily be able to comply with these burdens, but it may be impossible for small businesses.

As a former state and local official, I know that many states will rush in and try to get their hands on additional revenue. Some states have already moved to begin collecting (some even on the smallest seller), and some have even threatened retroactive taxation. These officials will be more than happy to impose these burdens on businesses who don’t reside in their state and whose votes they don’t depend on.

The Wayfair decision has left many businesses in limbo wondering what the impact will be, not knowing if there will be generous thresholds for small business before they have to collect, or if they will have to collect retroactive taxes.

Thankfully, representatives in Congress have recognized the problems created by the Supreme Court decision. Rep. Sensenbrenner (WI-05), along with a group of bipartisan lawmakers, have introduced a bill to fight the taxation tidal wave. The bill, the Online Sales Simplicity and Small Business Relief Act, will clarify interstate tax on remote sales.

Provisions in the bill include a ban on retroactive taxes, which would bar states from taxing any sales from remote sellers prior to June 21, 2018, the date the Court handed down Wayfair. The bill also establishes a phase-in period of compliance, preventing states from collecting taxes until January 1, 2019.

Additionally, the Online Sales Simplicity and Small Business Relief Act provides small businesses with some breathing room. The bill allows a generous $10 million exemption for small businesses, meaning any seller that generates less than $10 million in sales a year would not be affected by online sales taxes. The provision remains in place until the States can create a compact to be approved by Congress where such a waiver is unnecessary.

As the National Taxpayers Union argued in endorsing the Sensenbrenner bill, “Absent Congressional action, billions of dollars in interstate commerce and millions of small businesspeople face the threat of back-tax bills, complicated collection obligations, and nationwide tax and audit responsibilities simply for having the temerity to use the internet to reach buyers.”

The Supreme Court made a mistake in overturning its physical presence precedent, but Congress has the opportunity to alleviate some of the uncertainty that has been unleashed by the decision. The Online Sales Simplicity and Small Business Relief Act is an important step towards protecting small businesses and taxpayers.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.