Supreme Court Signals Possible Change to Physical Presence Test for Sales/Use Tax Nexus

On March 3, 2015, the United States Supreme Court issued a unanimous decision in the Direct Marketing Association v. Brohl, 575 U.S. ______ (2015). The Direct Marketing Association had filed suit in the United States District Court for the District of Colorado in 2013 arguing that state legislation requiring retailers to file reports the Department of Revenue about sales of tangible property to state residents, even if the retailers were not required to collect sales tax from these customers, violated both the United States and Colorado Constitutions. The Supreme Court ruled that the Tax Injunction Act (TIA)(§28 U.S.C. 1341), which states that federal district courts “shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law,” did not bar the suit. (§28 U.S.C. 1341.) The required reports were determined to be an information collecting phase of tax administration prior to "assessment, levy or collection", and therefore not subject to the TIA. Read More…

Mid-Year Tax Planning for Individuals and Small Businesses

Given the timing of this inaugural tax blog post, I thought that it would be fitting to discuss tax planning issues that individuals and small businesses should consider now that the April 15th Tax Day has come and gone. So, following the traditions of David Letterman and innumerable other internet sites, I am presenting a numbered list of ideas for you to think about before putting away your tax records for another year. Read More…
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