South Dakota asks the US Supreme Court to hear its case for collecting online sales tax
The state of South Dakota wants the U.S. Supreme Court to get involved in the state’s battle to require larger e-retailers to collect sales tax from state residents and remit them to South Dakota. If the high court accepts the case, its decision could determine whether online retailers can be required to collect sales tax nationwide. The state on Monday petitioned the U.S. Supreme Court to review a decision by the South Dakota Supreme Court in the state’s case against online retailers Wayfair Inc., No. 16 in the Internet Retailer 2017 Top 500; Newegg Inc. (No. 21); and Overstock.com Inc. (No. 30). The South Dakota Supreme Court decision lets stand a lower court ruling preventing the state from enforcing a law that openly challenges the prevailing Supreme Court ruling that absolves retailers from having to collect sales tax in states where they have no physical presence. Click Read More below for additional detail.