A Better Way Forward for State Taxation of E-Commerce

52 Pages Posted: 25 Oct 2011 Last revised: 1 Feb 2014

See all articles by David Gamage

David Gamage

University of Missouri School of Law

Devin J. Heckman

Simpson Thacher & Bartlett LLP; affiliation not provided to SSRN

Date Written: October 24, 2011

Abstract

We propose a novel solution for states that wish to tax interstate e-commerce – based on fully and adequately compensating remote vendors for all tax compliance costs. We argue that our proposed solution is compatible with the Quill framework for when states can constitutionally impose burdens on remote vendors. We argue that unlike our proposed solution, the recent state attempts to tax interstate e-commerce through so-called “Amazon laws” are unconstitutional, ineffective, or both. We thus urge the states to adopt our proposed approach as the best way forward for state taxation of interstate e-commerce.

Keywords: Tax, e-Commerce, Quill, Internet Tax, Amazon

Suggested Citation

Gamage, David and Heckman, Devin J. and Heckman, Devin J., A Better Way Forward for State Taxation of E-Commerce (October 24, 2011). 92 Boston University Law Review 483 (2012), UC Berkeley Public Law Research Paper No. 1948792, Available at SSRN: https://ssrn.com/abstract=1948792

David Gamage (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States

HOME PAGE: http://law.missouri.edu/person/david-gamage/

Devin J. Heckman

Simpson Thacher & Bartlett LLP ( email )

425 Lexington Avenue
New York, NY 10017
United States

affiliation not provided to SSRN ( email )

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