The U.S. Supreme Court ruled in favor of States requiring out-of-state companies to collect sales tax on their in-state sales.

On June 22, 2018, the U.S. Supreme Court issued its long-awaited decision in South Dakota v. Wayfair, eliminating physical presence as a requirement for creating economic nexus and opening the door for more states to force online and out-of-state businesses to collect and remit sales tax on sales they make to in-state residents.

Court ruling reinforces the current economic-sales-tax-nexus standard that is already in place or pending in 20 states, including Alabama, Connecticut, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Mississippi, North Dakota, Ohio, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont and Washington.

Additionally, states that have not yet enacted economic nexus laws will now have the authority to establish nexus based on low-sales thresholds, similar to that of the Wayfair decision, and compel more companies outside of their borders to begin filing sales tax returns in their states in the future.

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