Could Congress alter the Supreme Court's decision?
The impending decision by the Supreme Court on economic nexus could impact many remote sellers. Vice President of Tax Policy and Government Relations Scott Peterson, explains whether Congress could alter the Supreme Court's decision in South Dakota v. Wayfair, Inc.
"Our constitution gives Congress the right to regulate interstate commerce. For a very long time states have been asking congress to give them more authority to collect sales tax through its power under our constitution. If the United States Supreme Court were to decide that South Dakota’s law was good enough for them to have more authority, Congress could come in and simply reverse it, or they could do what the states have been asking for a long time, which is give them more authority. Or they could do what the business community’s been asking them to do for a long time, which is give states authority, but with conditions. And the conditions have been expressed in three different pieces of legislation that’s been debated in Congress for a long time, one called the Marketplace Fairness Act, one called the Remote Transactions Parody Act, and another one called the Online Sales Simplification Act. All three of them give states more authority. All three of them come with conditions."