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A Way Forward for State Taxation of E-Commerce

Author

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  • Gamage, David
  • Heckman, Devin

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.

Suggested Citation

  • Gamage, David & Heckman, Devin, 2011. "A Way Forward for State Taxation of E-Commerce," Berkeley Olin Program in Law & Economics, Working Paper Series qt9d73t21v, Berkeley Olin Program in Law & Economics.
  • Handle: RePEc:cdl:oplwec:qt9d73t21v
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    Keywords

    Constitutional Law; Legislation; Public Law and Legal Theory; State and Local Government Law; Taxation; Taxation-State and Local; Law;
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