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As more and more purchases are made over the Internet, states are
looking for new ways to collect taxes on these sales. While there
is a common misperception that states cannot tax Internet sales,
the reality is that they may impose sales and use taxes on such
transactions, even when the retailer is outside of the state.
However, if the seller does not have a constitutionally sufficient
connection ("nexus") to the state, then the seller is under no
enforceable obligation to collect a use tax. While the purchaser is
still generally responsible for paying the use tax, the rate of
compliance is low. Recent laws, often called "Amazon" laws in
reference to the large Internet retailer, represent fresh attempts
by the states to capture taxes on Internet sales. This book
provides a constitutional analysis of "Amazon" laws and taxation of
Internet sales; state taxation of Internet transactions; and
testimony on the hearing on the constitutional limitations on
states' authority to collect sales taxes in E-commerce.
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