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Online Retailers Lose Challenge to New York's Internet Tax

By Shari Claire Lewis
May 02, 2013

In a case that has far-reaching ramifications because of the exponential expansion of cyberspace in general, and because of the growth of e-commerce in particular, the New York Court of Appeals has rejected challenges by two major online retailers to New York's 'Internet tax,' which requires collection of a sales tax on online purchases made by New York residents. See , N.Y. Tax Law '1101(b)(8)(vi).

The court, in Overstock.com v. New York State Dept. of Taxation & Fin. , No. 33 (N.Y. March 28, 2013), was not persuaded by arguments by Amazon.com and Overstock.com that the New York Internet tax was unconstitutional on its face. The U.S. Supreme Court ultimately may have the opportunity to opine on the constitutionality of the tax, but for now, the New York Court of Appeals' decision will allow the state to continue to collect the Internet tax from online retailers.

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