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South Dakota v. Wayfair Update: New Jersey

Following the South Dakota v. Wayfair ruling, New Jerseylawmakers have amended a recently introduced remote seller bill to include marketplace provisions and push back the bill's effective date to October 1, 2018.

The bill's minimum thresholds are the same as those set by South Dakota. Remote sellers will be required to collect and remit sales tax if they have:

  • 200 or more annual sales transactions; or
  • $100,000 or more in annual gross receipts from sales into the state.

The amended bill also requires marketplace facilitators (“a person who provides a forum that lists, advertises, stores, or processes orders for tangible personal property subject to [sales tax] . . . collects receipts from a purchaser and remits payment to a marketplace seller") to collect and remit tax to the New Jersey Division of Taxation on behalf of third-party sellers. However, marketplace facilitators would not be required to collect and pay tax on retail sales made on behalf of third-party sellers if the sellers hold a certificate of registration and provide a copy of the certificate to the marketplace facilitator before the retail sale. A marketplace facilitator would also not be liable to a third-party seller for failing to collect and remit the right amount of tax if the discrepancy was caused by faulty information provided by the third-party seller to the marketplace facilitator.

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