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NY Attorney General Supports New York’s Amazon Tax

  • Oct 24, 2013 | Gail Cole

 Will Amazon tax laws make it to the Supreme Court?

The Attorney General of New York has filed a Brief with the United States Supreme Court, opposing petitions for a writ of certiorari presented to the court by Amazon.com and Overstock.com.

Since Overstock and Amazon filed their petitions last spring, the high court has received numerous amicus curiae briefs supporting the remote retailers. Thus far, Attorney General Eric Schneiderman is the first to support the state’s position.

In the brief, the attorney general argues that "the New York Court of Appeals correctly rejected the online retailers’ facial due process and commerce clause claims and that the issues raised do not warrant review by the U.S. Supreme Court.”

The AG’s brief follows on the heels of the Illinois Supreme Court’s ruling that the Illinois Amazon Tax is discriminatory.

There is speculation that the United States Supreme Court may be more inclined to accept the New York Amazon tax case now that one state Supreme Court has upheld a state Amazon tax (New York) and another has ruled against one (Illinois). Said David C. Blum, a Chicago tax attorney:

“This is now perfectly teed up for the U.S. Supreme Court because… Illinois modeled its law on New York’s.   [T]he only way this can be resolved is either through federal legislation or the U.S. Supreme Court….” (Chicago Tribune).

Furthermore, the Illinois case hinged on a federal law—the Internet Tax Freedom Act.

Only time will tell. The proposed federal solution, the Marketplace Fairness Act of 2013, is languishing in the House. The United States Supreme Court has yet to reveal its intentions. The rest of us will just have to wait.

It is better to prepare for sales tax changes while waiting than to be caught unawares. An automated sales tax solution does just that.

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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.
Gail Cole
Avalara Author
Gail Cole
Gail Cole
Avalara Author Gail Cole
Gail began researching and writing about sales tax in 2012 and has been fascinated with it ever since. She has a penchant for uncovering unusual tax facts, and endeavors to make complex sales tax laws more digestible for both experts and laypeople.