Quill is Dead – US Supreme Court Overrules “Physical Presence” Rule for Vendor Sales and Use Tax Collection Responsibility
June 22, 2018
Authored by: John Barrie
On June 21, 2018, the United States Supreme Court, in a 5-4 decision, issued its opinion in South Dakota v. Wayfair, Inc. (Docket No. 17-494) overturning Quill v. North Dakota (504 U.S. 298 (1992)), finding that the physical presence requirement upheld in Quill for state sales and use tax collection jurisdiction (nexus) over out-of-state vendors was “unsound and incorrect” and not a proper application of the Constitutional Commerce Clause requirements and remanded the case “for any remaining claims regarding the commerce clause’s application in the absence of Quill.”
The decision means most online vendors will now be subject to state sales and use tax collection responsibility. Click here to view the decision.