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No. 17-494October Term 2017Decided Jun 21, 2018

Docket 17-494October Term 2017 (2017–2018)

South Dakota v. Wayfair, Inc.

South Dakota v. Wayfair was a major Supreme Court fight over whether the Constitution still required a seller's physical presence before a state could be required to collect sales tax.

Case status

Current stage
Decided
Latest event
Decision released Jun 21, 2018
Case Accepted
Arguments
Decision ReleasedJun 21, 2018
What it's about

This case asked whether South Dakota could require large online and other out-of-state sellers with no physical presence in the state to collect and remit state sales tax. The dispute centered on whether the Constitution’s dormant Commerce Clause still required a seller to be physically present in a state before the state could impose that tax-collection duty.

Question presented

Should this Court abrogate Quill's sales-tax-only, physical-presence requirement?

Case path

Supreme Court of South Dakota / Decision released Jun 21, 2018

Area

Business and Regulation

Briefing

What it's about

The case asked whether South Dakota could require large online and other out-of-state sellers with no physical presence in the state to collect and remit state sales tax. The Supreme Court decided that question on June 21, 2018.

Vote

The Court decided the case on June 21, 2018, after hearing argument on April 17, 2018, but the prompt does not provide the vote or opinion lineup.

Impact

The answer affects state revenue and how online sellers do business. For example, a large web retailer shipping many orders into South Dakota could face tax-collection duties, while states could gain money for local services.

What's next

The Court has finished this docket action. The practical next step is for South Dakota and affected sellers to apply the Court's decision in tax collection and compliance.

What was the main question in South Dakota v. Wayfair, Inc.?

The Court was asked whether it should scrap Quill's physical-presence rule for state sales-tax collection. The issue centered on remote sellers with no in-state location.

Who could feel the effects of this case in everyday life?

Large online sellers and states that rely on sales-tax revenue are the clearest examples. A retailer shipping many orders into South Dakota might need systems to collect tax.

What happens next after the Supreme Court's action here?

The Supreme Court's docket work is over. Any remaining work involves implementing the decision in South Dakota and by the businesses covered.

Decision

Decision record

What the Court decided

South Dakota v. Wayfair was a major Supreme Court fight over whether the Constitution still required a seller's physical presence before a state could be required to collect sales tax.

Impact

The answer affects state revenue and how online sellers do business. For example, a large web retailer shipping many orders into South Dakota could face tax-collection duties, while states could gain money for local services.

Not official Court text.

Opinion documents