South Dakota v. Wayfair, Inc.
United States Supreme Court
138 S. Ct. 2080 (2018)
Relevant factsFree
South Dakota (defendant) passed a law requiring online retailers to collect sales tax on goods sold to South Dakota consumers regardless of whether the retailer had a physical presence in the state; Wayfair (plaintiff) challenged the law as violating the dormant Commerce Clause under existing Supreme Court precedent requiring physical presence before a state could impose such tax-collection obligations, and the Supreme Court granted certiorari.
IssueFree
Whether states may tax a commercial shipment of goods to an in-state consumer if the seller does not have a physical presence in the taxing state.