The SALTcast

Episode 163 - Massachusetts’s Attempt to Retroactively Collect Sales Tax

Ryan Johnson, Daniel M. Peisner, CMI, Jason Parr CEO, Paul Johnson, VP

On this episode of the SALTcast, We discuss a controversial issue regarding Massachusetts attempting to retroactively collect sales tax from out-of-state retailers. They delve into the background of the problem, detailing how certain states passed legislation in 2017 in anticipation of the Wayfair decision, hoping to require out-of-state sellers to collect sales tax. Following the Supreme Court's decision in 2018, several states, including Massachusetts, sought to enforce these laws retroactively, leading to legal challenges from companies. The Jason and Paul express their concerns about the fairness and constitutionality of this approach, highlighting the complexities and potential financial implications for businesses. They also touch upon Massachusetts' creative methods to increase tax revenues, including taxing digital products and intangibles, and ponder the possibility of affected companies receiving refunds if the legal challenges succeed. 

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