House Committee Holds Hearing on South Dakota v. Wayfair Inc. Online Sales Taxes and Their Impact on Main Street

On Tuesday, March 3, 2020 the House Small Business Subcommittee on Economic Growth, Tax and Capital Access, chaired by Rep. Andy Kim (D-NJ), held a hearing to determine the impacts of the online sales tax requirements set as a result of the decision of the U.S. Supreme Court in South Dakota v. Wayfair. In its decision, the Court ruled that states can collect sales tax from online sales, if one of the following two economic thresholds were met—more than $100,000 in sales or at least 200 transactions were made, even if the company does not have a brick and mortar location residing in that state.

The hearing focused on the impact to small firms as a result of this decision. Currently 45 states and the District of Columbia levy sales taxes on the sale of goods, including goods sold over the internet. Witnesses testifying at the hearing included Mr. Jamie Yesnowitz testifying on behalf of the American Institute of Certified Public Accountants, Mrs. Linda Lester Vice President of K-Log, Inc., Mr. Kevin Mahoney President and Founder of FindTape.com, and Mr. Brad Scott Financial Director of Halstead Bead, Inc.

During the hearing, subcommittee members heard from small business owners about how the ruling is being applied in individual states and their overall experience complying with the new requirements. The hearing also covered steps the federal government can take to ease the compliance burden on small firms and ensure the ruling is not hindering small business growth.

In his closing comments, Rep. Kim stated that “… small businesses need tax policy that is simple and certain, not ever-changing. Small businesses also need tax policy that levels the playing field and creates opportunities for their businesses to thrive. I look forward to working with Members on both sides of the aisle to solve these issues for America’s small businesses.”

SGIA will continue to follow this important legislative activity. For more information, please contact the SGIA Government Affairs Department at govtaffairs@sgia.org.