States Enjoy Boost In Tax Revenue From Increased ECommerce

While the COVID-19 pandemic has been hard, if not downright disastrous, for businesses and governmental agencies across the country, states are now seeing a small ray of hope in the form of online sales tax revenue.

With many people self-quarantining at home and brick and mortar retail locations closed over the last several months, eCommerce has been the shopping avenue of choice across the nation.

Additionally, the adoption of marketplace facilitator and economic nexus legislation over the past two years as a result of the South Dakota v. Wayfair ruling has also played a part. For states that have implemented these laws, the boost in eCommerce has compounded with the increased tax revenue these states are seeing from Wayfair legislation.

How Big Is The Impact of Increased eCommerce?

States have seen an increase in eCommerce across the board. According to data from Adobe Analytics, eCommerce grew by 25 percent from March 13-15 compared to March 1-11. Online retailers have also seen average year-over-year revenue growth of over 68 percent and have recently experienced similar online activity to the 2019 holiday season.
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You know you want to start a business and give yourself the best shot at success, but perhaps you’re still considering the kind of business you want to pursue. After all, you probably have a number of small-business ideas.

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Taxation of electronic commerce from offshore has two main aspects, the United States tax regime from an international perspective and the effect of bi-lateral treaties upon that regime.  A previous writing addressed the first consideration, the general dynamics of the United States tax regime for entry taxation of a non-resident alien or foreign corporation. (1)  The United States is engaged in more than fifty bi-lateral income tax treaties with other sovereigns.  In a general statement, those treaties are designed to mitigate the effects of double taxation.

Income that is generated by a foreign party from activity in the United States can be taxed from the source country, the United States in that case, and the residence foreign country, creating risks of multiple taxation.  Treaties are designed to alleviate that conflict.  The Read More

Introduction

United State taxation of electronic commerce from offshore is to be approached from two perspectives, the United States tax regime from an international perspective and bi-lateral treaties. This writing addresses the first consideration, the tax regime. As stated in a previous segment, international sourced based taxation poses particularly difficult legal risks. (1)

One risk is the electronic commerce and taxation implications. Those issues grapple with electronic commerce and taxation implications when melded with the notion of jurisdiction. Cross-border taxation issues of the authority of a source and resident country Read More

Introduction

In order to engage cross-border taxation issues of electronic commerce, an underlying foundation of the principles that govern basic judicial in personam jurisdiction, as generally applied in a domestic context, provides the foundation and the international pathway. These basic principles that established precedent to the electronic communications phenomenon were the content of a previous writing. (1) Cross border taxation of international enterprise incorporates two basic themes, one of which is the interpretation of the United States Commerce Clause and the Due Process distinction from jurisdictional analysis. Read More