The Wayfair Case: Companies Required To Collect Sales Tax
Di: Everly
Wayfair decision overturned a physical presence rule that prevented states from taxing sales by out-of-state sellers. Prior to the Wayfair case, states could require a business to

Ever since the Supreme Court released its decision in South Dakota v. Wayfair on June 21, 2018, we have been flooded with questions about economic nexus legislation and how it affects businesses across the country. Below you will find
The Impact of the U.S. Supreme Court’s Decision in South Dakota v. Wayfair
businesses subject to sales and use tax obligations. The Wayfair case redefined sales tax nexus as a certain amount of sales and/or transactions in a state or jurisdiction. This is now referred
In 1992, the U.S. Supreme Court held a company needed to have a physical presence (employees, property, or offices) in a state before the state could require the
Because of that ruling, it is now possible for states to collect sales tax from out-of-state sellers without a physical presence in their state. The Impact of Wayfair on Sales and
Under the previous law, some companies did not collect sales tax on every online purchase. Businesses were required to collect sales tax only when shipping products to a state
- Supreme Court rules states can force online retailers to collect sales tax
- Compliance under Wayfair: Many Companies Still Face Challenges
- What is Wayfair legislation for tax nexus
Discover how the Supreme Court’s Wayfair decision transformed online sales tax, reshaping e-commerce compliance, boosting state revenues, and sparking debate over tax
Wayfair, Inc. marked a significant shift in state sales tax policies across the United States. This decision overturned the long-standing precedent that only businesses with a
In short, sales tax is a single-stage tax, while VAT is a multi-stage tax that requires businesses to charge VAT on sales and recover VAT paid on purchases. For U.S.-based
to require online retailers to collect and remit sales tax on taxable sales into a state. While some online retailers already collected sales tax prior to the ruling, more could now be compelled to
Wayfair was a 2018 U.S. Supreme Court decision eliminating the requirement that a seller have physical presence in the taxing state to be able to collect and remit sales taxes to
Calculating sales and use tax in house requires at least one person with truly in-depth knowledge about sales taxes. Companies that invest in such a person risk that person
The Wayfair decision fundamentally altered the landscape of sales tax collection by establishing that states could require out-of-state sellers to collect and remit sales tax, even
Home Insights Supreme Court Rules that Online Sellers Can Be Required to Collect Sales Tax. Date: June 22, 2018. Online retailers and others who sell goods or services
In doing so, the court reversed a 1992 ruling that allowed states to levy taxes only on those businesses with a brick-and-mortar location within the state. The court said that law effectively

Before Wayfair, states could require a business to collect and remit sales tax only if the business had a physical presence in the state, such as a brick-and-mortar facility,
It allowed states to require out-of-state sellers to collect and remit sales tax based on „economic nexus.“ This means that if a business has a significant economic presence in a state, it can be
Because National Bellas Hess and Quill are both sales and use tax collection cases, some state courts have interpreted Quill as limiting the National Bellas Hess physical
Economic Nexus State by State Chart. As of 5/20/2025. Every state with a sales tax has economic nexus requirements for remote out-of-state sellers following the 2018 South Dakota v.Wayfair decision.Economic nexus
The Wayfair Decision continues to reshape state sales tax obligations, pushing businesses to stay vigilant as states like Tennessee adjust nexus thresholds and others drop transaction prongs,
Wayfair, Inc. overturned a long-standing physical rule for sales tax. The case stemmed from a 2016 South Dakota economic nexus law requiring certain out-of-state sellers to collect and remit South Dakota sales tax as if
This concept gained prominence in 2018 after the U.S. Supreme Court’s decision in the South Dakota v. Wayfair, Inc. case. This landmark ruling determined that states can
Wayfair, the Supreme Court ruled that states are allowed to mandate that businesses that do not have a physical presence in a state must collect and remit sales taxes
If a business’s sales surpass a specific economic threshold in a state, it may be required to collect sales tax on those sales according to the statewide sales tax rules. This has
When a company is not required to collect sales tax, the purchaser is required to pay a use tax to their state at the same rate as the sales tax; however, there is no reasonable
This way, sales tax compliance will become much easier for small business owners. They won’t be able to track the number of transactions. Remote sellers with gross
On June 21, 2018, the U.S. Supreme Court decided South Dakota v. Wayfair, Inc. in favor of South Dakota’s imposition of sales tax collection obligations on remote sellers meeting economic thresholds based on in-state receipts or transaction
On June 21, 2018, the U.S. Supreme Court decided South Dakota v. Wayfair, Inc. 1 in favor of South Dakota’s imposition of sales tax collection obligations on remote sellers meeting economic thresholds based on in-state receipts or
Now, every state in the union can potentially force online retailers to collect and remit sales tax on their sales into those states. This new dynamic will color the entire field of sales and use
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