Retailers Call on Supreme Court to Close Legal Loophole Benefiting Online Retailers
"Online sellers who don't have to collect sales tax have held an unfair price advantage over local retailers for far too long," Shay added.
RILA Weighs In
In an op-ed piece in The Hill, Retail Industry Leaders Association (RILA) General Counsel and Retail Litigation Center (RLC) President Deborah White outlined why the case is important to retailers.
"At issue is whether all retailers should have to comply with the same basic tax collection rules that every brick-and-mortar store follows every day," White wrote.
"In 1967, when the court first considered this issue, consumers received paper catalogs in their mailboxes in front of their houses every day. Consumers flipped thru the catalogs and ordered products by hand-writing on paper forms and mailing the forms back with a paper check," she explained. "Over the past quarter century, network computing and e-commerce have dramatically changed the world in ways that were unforeseeable and unimaginable to the court a quarter century ago."
According to White, online retailers take advantage of legal loophole which creates an illusion of price advantage, undercuts local businesses and affects the local jobs and tax base. RILA members include more than 200 retailers, product manufacturers, and service suppliers, which together account for more than $1.5 trillion in annual sales.
"If the Supreme Court refuses to close its legal loophole, but instead allows online-only retailers to continue to use it to distort the marketplace, local businesses will continue to close their doors, and state and local elected officials will be faced with a choice between cuts to critical services or tax increases on everyone in order to subsidize out-of-state sellers," White wrote. "South Dakota vs. Wayfair gives the court an opportunity to restore fairness and free market competition. The time has come for the U.S. Supreme Court to do just that."