The end of tax-free online shopping

The Supreme Court's decision will hurt many small online businesses, whose expenses could now skyrocket

A man shopping online.
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"You'll soon be paying more in taxes for online purchases," said Ben Fox Rubin at CNET. The Supreme Court ruled 5-4 that states can force retailers beyond their borders to collect sales tax revenue from consumers, overturning a decades-old decision that only required companies to collect sales tax in states where they had a physical footprint. All this time, if retailers didn't collect sales tax, consumers in, for instance, New York were ostensibly responsible for sending in the necessary taxes if they bought a product from a company in, say, Utah — "something that most people never do." Brick-and-mortar retailers rejoiced at the South Dakota v. Wayfair ruling, saying the court had finally "leveled the playing field," said Joyce Rosenberg at the Associated Press. But the change also angered many small online businesses, which say their expenses and compliance costs could now skyrocket, because they will be responsible for sales tax in some 10,000 state and local jurisdictions nationwide.

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Lest you think Amazon is now in trouble, I expect CEO Jeff Bezos will "lose zero sleep," said Jordan Weissmann at Slate. "The fact is that plenty of big players in online retail were already collecting sales tax on many, if not most, of their sales." That includes Amazon, which applies sales tax on all the items it sells directly to customers. It didn't always do so, and you can argue that its years-long tax dodge was key to its incredible growth. But as it has expanded, "its vast network of fulfillment centers" has made the company subject to states' tax jurisdiction. That's one reason this decision "won't fundamentally change Americans' shopping habits." But it did hand Amazon another opportunity "to squash potential competitors," said James Freeman at The Wall Street Journal. The businesses most hurt by this ruling will be the millions of small-business owners who sell on marketplaces like Amazon, eBay, and Etsy, who now have to navigate thousands of different tax rules. That's yet another advantage for Amazon, which could find a new opportunity in offering mom-and-pop online shops a tax-collection service — for a fee, of course. Just one more way "Washington is now helping the tech giant prevent upstarts from challenging its position."