Author: James F. Polese
Issue: January 11, 2019
Last year, the U.S. Supreme Court issued its decision in Wayfair that upheld South Dakota’s statute imposing a sales tax on internet sales to its residents when the seller has no physical presence within the State. Justice Kennedy’s 5-4 decision held that the historical “physical presence” test would no longer be a constitutional impediment to the imposition of sales taxes on sales by out-of-state companies to in-state residents. Wayfair was “teed-up” for the Supreme Court for the express purpose of overturning the National Bella Hess and Quill Corp. decisions that held that a state cannot impose on an out-of-state retailer the obligation to collect sales tax on sales made into that state unless that retailer also had a physical presence within the state.
James Polese will be one of the presenters at the Arizona Society of Certified Public Accountants Phoenix Tax Workshop on Saturday, January 17th. James’ topic is The Use of the IRA Trust for Estate Planning and Asset Protections.
James has extensive experience in tax and business planning as well as estate planning. He is a long time member of the Advisory Board for the Phoenix Tax Workshop. He has spoken and written on many business, tax, and estate planning matters.
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