Bloomberg BNA Quotes Matthew Schaefer On South Dakota Nexus Law
Bloomberg BNA quoted Partner Matthew Schaefer in a recent article on the impact of Amazon.com’s decision to voluntarily collect and remit sales and use tax in South Dakota. The State recently enacted a statute expressly designed to challenge the rule announced by the Supreme Court in Quill v. North Dakota that retailers cannot be required to collect or remit sales and use tax if they do not have a substantial physical presence in a taxing jurisdiction. Schaefer, who with Senior Partner George Isaacson, represents Wayfair, Overstock.com, and Newegg in litigation filed by the State against them under the South Dakota statute, noted that Amazon’s voluntary collection seriously undercuts the State’s argument that under the current doctrine it is losing substantial tax revenue from remote sales. As Schaefer noted, “‘The purported problem of uncollected tax on remote sales has proven to be largely self–correcting.’”
To read the recent article, click here.