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10th Circuit Upholds Tax Reporting Law

By Stephanie Forshee

Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.

Traditional retailers did notch something of a victory earlier this year, however. An appeals court upheld a Colorado law that requires online retailers to assist the state in collecting a so-called “use tax” directly from consumers ' a maneuver that, at least in theory, would end tax-free online sales in the state and level the playing field between in-state and online retailers. The ruling could spur additional judicial and legislative action in the long-simmering sales tax debate.

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