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Marketplace Fairness Act May Help Clear Muddy Tax Waters

By Wayne Berkowitz

With my mom probably one of a handful of people who haven't made an Internet purchase, I think it is fair to say that we have all seen certain online retailers almost bragging that there is no sales tax on merchandise ordered from their e-store. As I write, I observe the following on a national electronics retailer's website: “No Sales Tax & Free Shipping on Qualifying Orders.” The first question this raises is whether the “qualifying order” language refers to the shipping, the sales tax or both. The second is: Can these e-tailers work this magic to make an otherwise taxable event, nontaxable. If the answer was yes, we would all be fighting for their talents to be applied to other areas of the tax law. In reality, they are simply muddying the waters, but clarity may be on the way in the unlikely form of federal legislation.

Understanding the Sales And Use Tax Picture

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