NY top court OKs tax on online sellers like Amazon
Recent Cases
New York's highest court ruled Thursday the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax law violates the U.S. Constitution's Commerce Clause.
The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state. Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers through links to the big retailers.
Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites. Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.
New York's sales tax is 4 percent and all its counties and New York City add an additional tax ranging from 3 percent to near 5 percent. Both apply to applicable Internet sales, according to the state Department of Taxation and Finance.
Related listings
-
Court says Guam man can sue gov't over surgery
Recent Cases 03/04/2013The Supreme Court says a Guam man can sue the government for a Navy surgeon's unsuccessful cataract surgery. A unanimous court ruled on Monday for Steven Alan Levin, who was operated on in March 2003 at the United States Naval Hospital in Guam, a U.S...
-
Ex-Mass. chemist pleads not guilty to obstruction
Recent Cases 02/01/2013A former Massachusetts chemist accused of faking test results at a state drug lab has pleaded not guilty to four counts of obstruction of justice in a scandal that could jeopardize thousands of drug convictions. Annie Dookhan was indicted on a total ...
-
Court upholds removing man from death row
Recent Cases 01/22/2013The Pennsylvania Supreme Court has upheld a lower court ruling that a Pittsburgh-area man who stabbed his wife then dismembered her body should not be on death row because his low IQ makes him mentally disabled. Allegheny County Judge Lawrence O'Tool...
Any contracts or any transactions can go awry at any time
We know your business means a lot to you and want to understand all the aspects of your business so that we can help you in the best ways possible. We don’t discriminate depending on the size of your company. Our mission statement is to represent all business owners and entrepreneurs by navigating them through the rough waters of business litigation and guiding them to success.
We are attorneys who want to make sure we understand your business objectives and goals before we start providing you with legal counsel individualized to your business. We know what it means to be dedicated to your business. After all, we are a business as well. And just like you, we want to provide the best service we can to our clients.
Any contracts or any transactions can go awry at any time. Sometimes, making important business decisions without legal help from business attorneys could cost you your business.We don’t want you or your business to be misconstrued by anyone. Our attorneys make sure that we communicate with you often to make sure we are giving you the legal guidance you need at all times. We make sure we are responsive in a timely-manner with every single one of our clients to help them identify risks and prevent legal battles before they arise.