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When might a tax scheme offend the Commerce Clause but not…

When might a tax scheme...
When might a tax scheme offend the Commerce Clause but not the Due Process Clause?
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9/29/2017
PDtax
PDtax, Master's Degree
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Customer reply replied 8 months ago
Can you answer the question I have asked??
Customer reply replied 8 months ago
Or guild me in the right direction . Please

start here:

The Due Process Clause: The Due Process Clause states that no state shall "deprive any person of life, liberty, or property, without due process of law." With respect to state taxation, the Supreme Court has interpreted this to prohibit a state from taxing a corporation unless there is a "minimal connection" between the company and the state in which it operates.

The Commerce Clause: The Commerce clause, in part, authorizes Congress to "regulate commerce with foreign nations, and among the several States." The Supreme Court has ruled that the Commerce Clause prohibits states from enacting laws that might unduly burden or inhibit the free flow of commerce between the states. In Complete Auto Transit, Inc. v. Brady, 430 U.S. 274 (1977), the Supreme Court ruled that the taxpayer must have "substantial nexus" with the taxing state in order for the state to impose its tax on the taxpayer.

A U.S. Supreme Court case in 1992, Quill Corp. vs. North Dakota, 504 U.S. 298 (1992), answered some of the questions about how the Due Process and Commerce Clauses shape the world of sales taxation. The case attempted to clarify the terms "minimumconnection" and "substantial nexus". Quill is still recognized as the landmark case regarding nexus, and you'll find it in any research you might do on the issue. In fact, the case has recently appeared in the mainstream media quite frequently as Congress considers passing Marketplace Fairness legislation (see "Internet Tax & SST" section) that might ultimately overturn this landmark decision and change the sales tax filing landscape significantly.

I think the standard you might consider is states establishing different standards to collect sales taxes from interstate shipments where the seller has no nexus in the state. They are looking to either get nexus agreements (Amazon, ebay come to mind) or otherwise want to tax deliveries into their state. Expect attacks on UPS, FedEx and others to collec t from the horse, not the destination.

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The inherent conflict here is the due process clause, which allows Federal law to govern this kind of taxation, and the commerce clause, which states are circumventing because the concept of nexus has not yet been addressed in federal statutes. States are creating their own law and interpretations to create tax revenues for online sales that will only seem to increase.

Thanks for asking at Just Answer. Please rate with positive feedback after review, and a bonus is always welcome if deserving. I'm PDtax.

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