Baker McKenzie attended the U.S. Supreme Courtâs oral arguments yesterday in South Dakota v. Wayfair, Docket No. 17-494. At issue in the case is whether the Court should abrogate the physical presence nexus standard that it first articulated in National Bellas Hess v. Depât of Revenue, 386 U.S. 753 (1967), and later affirmed in Quill Corp. v. North Dakota, 504 U.S. 298 (1992). The Courtâs decision could have a profound impact on sales and use tax nexus in the United States by altering the limitations currently imposed on a stateâs ability to require out-of-state retailers to collect such tax.
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