Shopping Centers Today

AUG 2018

Shopping Centers Today is the news magazine of the International Council of Shopping Centers (ICSC)

Issue link: https://sct.epubxp.com/i/1010630

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A U G U S T 2 0 1 8 / S C T 7 ruling's impact, including whether the states can impose the new sales-and- use-tax-nexus ruling retroactively, even though the High Court estab- lished that South Dakota could not do so. States could conceivably claim that historical tax liability existed from the first year that a business made signif- icant sales, depending on the breadth and interpretation of their "doing business" statutes, according to analy- ses done by tax firms. For such national omni-channel retailers as Best Buy, Macy's, Target and Walmart, "the ruling is nearly a non-event: They are already collecting sales tax," reads a Cush- man & Wakefield report titled New SCOTUS Ruling on Internet Sales Taxation, co-authored by Garrick Brown and Ben Conwell. "With a physical presence in almost all states, the ruling changes nothing for them." Of the 20 top U.S. Internet retailers, in fact, "19 were already collecting local state sales taxes when SCOTUS made their ruling," said Brown. "So the impact will mostly be on a few smaller, pure-play e-commerce players that were late in shifting their distribution strategy from a focus on tax- advantaged states to one providing the most delivery speed to consumers." The court decision's author, Justice Anthony Kennedy, suggested this year that it was time to reconsider the Quill decision, given the technological advances and economic changes that have occurred since. Joining Kennedy in the majority were Justices Clarence Thomas, Ruth Bader Ginsburg, Neil Gorsuch and Samuel Alito. "is decision was a major victory for the industry, and in particular for our members who have worked so hard over the years on this issue," said Platt. "Looking ahead, ICSC will focus on helping and encouraging states to pass responsible legislation that will finally create that level play- ing field." n This decision was a major victory for the industry, and in particular for our members who have worked so hard over the years on this issue

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