The decision is at odds with other state decisions and could potentially lead to the U.S. Supreme Court stepping in and clarifying the issue of when online stores have to charge sales tax, reports Reuters.
Why the Decision Is Notable
So far, New York is in the minority of states that require out-of-state retailers to collect sales tax even when they do not have a physical presence in the state, reports Reuters.
Traditional brick-and-mortar stores must always collect sales tax, as do online stores with a physical presence in the state. However, there has been a question as to whether stores without a physical presence in the state must also collect sales taxes.
Effect on Small Businesses
And unless the Supreme Court steps in, you should be prepared to meet conflicting requirements in different states. If you are unsure of your tax requirements, you may want to talk to a small business attorney.
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