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Illinois Affiliate Law Shot Down By Judge


Over a year ago, Business Insider reported that “Amazon is terminating its affiliate marketing program in Illinois after the state passed a new law requiring ecommerce companies like Amazon to charge sales tax in the state….”

Amazon cancelled Affiliate accounts as of April 15, 2011. Some businesses, such as FatWallet moved their entire company across state lines. FatWallet only had to move about 5 miles, but rather than lose 30% of its revenues, they left a new building and hiked over to Wisconsin to continue their affiliation with Amazon.

Now, Performance Marketing Association (PMA) announces that Chicago, Illinois “Circuit Judge Robert Lopez Cepero ruled that the Illinois Affiliate Nexus Tax law violates the Commerce Clause of the US Constitution, declaring the activity described in the statute does not establish nexus.”

PMA expressed it’s excitement on the outcome of the case. They “…believe it paves the way for internet marketing affiliates to get back in business in Illinois.”

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Sales tax rates, rules, and regulations change frequently. Although we hope you'll find this information helpful, this blog is for informational purposes only and does not provide legal or tax advice.
Avalara Author
Susan McLain
Avalara Author Susan McLain
Susan McLain began her career as a technical writer in technology industries such as satellite networking and medical devices. Her skills encompass technical and marketing writing, usability engineering, verification and validation testing and protocol writing, requirements development, business analysis, technical illustration/graphic design and marketing. She has owned her own business providing service to small to medium sized business and in other positions, she has been in project management, documentation and marketing. She is currently the content specialist for Avalara helping to “make sales tax less taxing.”