nsga applauds supreme court for ending unfair sales tax loophole


CONTACT: Larry Weindruch, Director of Public Affairs
(847) 296-6742, ext. 1290

MOUNT PROSPECT, IL (June 22, 2018) — The National Sporting Goods Association (NSGA) applauded the United States Supreme Court’s decision that will permit states to require out-of-state Internet sellers to collect and remit the sales taxes that are due.

In a 5-4 ruling in South Dakota v. Wayfair, the court overturned a 1992 court precedent barring states from requiring businesses that have no physical presence in the state to collect their sales taxes.

Delivering the opinion of the court, Justice Anthony Kennedy said the physical presence rule in that previous case, Quill Corp. v. North Dakota, is unsound and incorrect.

“Between targeted advertising and instant access to most consumers via any Internet-enabled device, ‘a business may be present in a state in a meaningful way without’ that presence ‘being physical in the traditional sense of the term,’” he said.

NSGA President & CEO Matt Carlson praised the court for its ruling.

“This decision benefits brick-and-mortar retailers, who have been collecting sales taxes,” Carlson said. “It removes the unfair price advantage that many remote Internet sellers have, by not collecting the state sales taxes that are due.”

South Dakota's 2016 law, which the court upheld, requires out-of-state online sellers to collect the state’s sales taxes if the companies have more than $100,000 in annual sales of products to South Dakota residents or more than 200 separate transactions for the delivery of goods and services to state residents.

NSGA has argued for fundamental fairness for more than a decade and would like to thank the more than 230 other organizations comprising the Marketplace Fairness Coalition, who helped advance this cause. In addition, appreciation is extended to NSGA members who lobbied to advance this issue and Senators Dick Durbin (D-IL) and Mike Enzi (R-WY), along with all supporters who either voted in favor of sales tax fairness or co-sponsored legislative remedies.

For more information, please contact NSGA Director of Public Affairs Larry Weindruch, lweindruch@nsga.org, or call (847) 296-6742, ext. 1290.

About NSGA

Since 1929, the National Sporting Goods Association (NSGA) has been the leading voice and go-to resource for the sporting goods industry. NSGA helps the industry grows its businesses through research, advocacy and networking.  For more information about membership or NSGA’s products and services, please visit nsga.org.

House cosponsors: https://www.congress.gov/bill/115th-congress/house-bill/2193/cosponsors

Senate cosponsors: https://www.congress.gov/bill/115th-congress/senate-bill/976/cosponsors

Senators who voted for Marketplace Fairness Act in 2013: