ACMA Suit Aims to Bring Sales Tax Wisdom Back Into Ohio
The American Catalog Mailers Association, Inc. filed a lawsuit against the Ohio Department of Taxation, seeking to declare unconstitutional a new state law that improperly expands the Department's jurisdiction beyond the state's borders in clear violation of existing U.S. Supreme Court precedent. The ACMA intends to demonstrate that Ohio’s software “cookie” nexus standard for sales/use tax is in direct contravention of the extraterritorial limits on state tax authority under Quill v. North Dakota. The state is claiming that the mere presence of electrons placed on an Ohio computer pierces the longstanding "physical presence" test under Quill and subjects remote sellers to sales tax collection and other compliance obligations. “This is an egregious assault on out of state companies seeking to sell to Ohio residents and effectively presents a barrier to interstate commerce that cannot be left unchallenged,” said ACMA President Hamilton Davison. “We have no doubt the Ohio judiciary, in light of the well-established national precedent created by the highest court in the land, will overturn this illegal new law.” ACMA has filed this action just before the law’s January 1, 2018 effective date. Click Read More below for additional information.