Broader taxing power will let state and local governments collect an extra $8 billion to $23 billion a year, according to various estimates. Thirty-one of the 45 states that collect sales taxes have some sort of laws allowing them to expand their tax collection beyond the physical presence standard vacated in the court ruling, according to an analysis from the Tax Foundation.
The 16 states with laws similar to South Dakota’s, including Indiana and Maine, are less likely to face challenges. And states that don’t have laws governing online sales tax are likely to move quickly to follow South Dakota’s approach, including its threshold of $100,000 in sales, according to Gary Botwinick, a tax, business and estates lawyer at Einhorn, Harris, Ascher, Barbarito & Frost in New Jersey.
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