(Gov. Pete Ricketts response below)
PIERRE, S.D. — Thirty-six attorneys general have signed onto a legal brief in support of South Dakota’s bid to collect sales taxes from out-of-state internet retailers.
South Dakota is asking the U.S. Supreme Court to review whether retailers can be required to collect sales taxes in states where they lack a physical presence. The case could have national implications for e-commerce.
State Attorney General Marty Jackley said Thursday that Colorado filed a friend-of-the-court brief supporting South Dakota’s petition to the high court. The state is seeking to overturn legal rulings issued mostly before the online shopping boom.
The brief from 35 states _ including neighboring Iowa, Minnesota, Nebraska, North Dakota and Wyoming _ and the District of Columbia says the jurisdictions all rely on consumption taxes to fund essential government operations.
Gov. Ricketts: Courts Proper Approach on Online Sales Tax Issue
Lincoln, Ne — On Friday, Governor Pete Ricketts issued a statement following news that the Attorney General’s Office had joined a federal lawsuit regarding collection of online sales tax.
“As I have said before, enforcement of online state sales tax is an issue that must be addressed, but it can only be handled properly by Congress at the federal level or a change in direction from the Supreme Court. States legislatures have attempted to address this issue, but their proposals have repeatedly been found unconstitutional. My administration continues to oppose attempts to pass online sales tax expansion proposals in the Unicameral. The Attorney General’s decision to join the case today will encourage the U.S. Supreme Court to set clear parameters for this important issue. I want to reemphasize that any attempt to enact a legislative bill before the U.S. Supreme Court or Congress provide further clarity will result in an unconstitutional law that could place the budget on shaky ground.”