Special Report: Big Victory for ACMA Members as MA Court Overrules MA Tax Dept. on Pre-Wayfair Assessments

By Martin I. Eisenstein and Nathaniel A. Bessey, Brann & Isaacson

As ACMA attorneys Martin Eisenstein and Nat Bessey wrote in Part One) of their two-part Legal Corner series to members last month (unlocked version here for non-members too), a major issue for the industry was the effort of the Massachusetts Department of Taxation to apply the Supreme Court’s ruling in South Dakota v. Wayfair retroactively and assess many ACMA members and other remote merchants retroactively for sales tax liabilities for periods prior to the Supreme Court’s decision in Wayfair.

Brann & Isaacson is proud to announce that today we received a favorable, and unanimous, decision of the Massachusetts Supreme Judicial Court invalidating the Department’s assessment. The Court found that absent a physical presence in Massachusetts, the Department did not have the authority to assess sales taxes based upon Internet contacts. The Court held that cookies/apps/content delivery networks do not constitute physical presence. This is a significant victory for the industry and a great holiday present.

Thank you to all ACMA members and other companies for your support in this effort.

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