A Way Forward for State Taxation of E-Commerce

David Gamage and Devin Heckman

Berkeley Olin Program in Law & Economics, Working Paper Series from Berkeley Olin Program in Law & Economics

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: Constitutional Law; Legislation; Public Law and Legal Theory; State and Local Government Law; Taxation; Taxation-State and Local; Law (search for similar items in EconPapers)
Date: 2011-08-21
New Economics Papers: this item is included in nep-acc
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Persistent link: https://EconPapers.repec.org/RePEc:cdl:oplwec:qt9d73t21v

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