SALT Blawg – State and Local Tax Blog
State and Local Tax ("SALT") blog issues require state and local tax knowledge. Chamberlain Hrdlicka's SALT Blawg (SALT Blog) provides exactly that knowledge with news updates and commentary about state and local tax issues.
You can expect to find relevant information about topics such as income (corporate and personal) tax, franchise tax, sales and use tax, property (real and personal) tax, fuel tax, capital stock tax, bank tax, gross receipts tax and withholding tax. SALT Blawg, offers tax talk for tax pros … in your neighborhood.
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During 2016, Tennessee amended its law to join the growing list of states challenging Quill Corp. v. North Dakota, 504 U.S. 298 (1992). Pursuant to Tenn. Comp. R. & Regs. § 1320-05-01.129(2) (“Rule 129”), out-of-state dealers were required to register by March 1, 2017 and begin collecting sales tax by July 1, 2017. Essentially, Rule 129 requires an out-of-state seller to collect and remit Tennessee sale and use tax based solely upon solicitation of sales from outside of Tennessee in excess of the $500,000 statutory minimum in the state. Thus, Rule 129 is a direct challenge to Quill, as it intentionally runs afoul of the Quill physical presence standard.
During March, a lawsuit was filed in the Davidson County Chancery Court by the American Catalog Mailers and NetChoice (an association of e-commerce retailers) challenging Rule 129 on the basis of Quill. The complaint seeks a declaratory judgment against the Tennessee Department of Revenue regarding Rule 129.
On April 10, 2017, the Court issued an agreed Order preventing the enforcement of Rule 129 while the lawsuit is pending. During May, the Department released Notice #17-12, which confirms that the Department will not require taxpayers to collect and remit tax pursuant to Rule 129 while the case is pending.
ShareholderJennifer W. Karpchuk is Chair of Chamberlain Hrdlicka’s state and local tax practice. She represents companies and individuals in all aspects of state and local tax litigation, controversy, compliance and planning. She has ...