Companies should review their sales data to determine potential filing requirements. As part of that analysis, companies should review the taxability laws of states they haven’t had to address before and determine if any exemptions or exclusions apply. Items or services that are taxable in one state may not be in another.
Once this review is complete, companies should pause to determine whether they should register and start collecting or if there is an opportunity, based on the facts and a state’s law, to not register and collect. The Commerce Clause still applies, and Congress could act to regulate interstate commerce and impose limitations. Consequently, there is a need to act, but in a cautious and controlled manner. Voluntary disclosure agreements and amnesty programs may also come into play for companies who haven’t collected in prior years when they should have, even before this ruling.
Companies that haven’t had to file sales tax returns in many states and thus, have filed manually, may now need an automated solution to comply with thousands of taxing jurisdictions. Companies should consider different providers to find the best fit for their industry and transaction volume.
Companies should follow state legislative actions and non-legislative actions closely. Don’t play the ‘wait and see’ game; prepare now regardless of how things shake-out over the next few months. Congress could act or new litigation and challenges could arise.