Governor Parson Signs Wayfair Legislation Into Law

Today, during a ceremony at the State Capitol, Governor Mike Parson signed SB 153 & 97 into law, allowing Missouri and local jurisdictions to collect an online use tax that will help protect Missouri’s brick and mortar businesses. In 2018, the U.S. Supreme Court’s decision in South Dakota v. Wayfair, Inc. allowed states to adopt rules to collect sales and use taxes from business not physically located in their state but who sell and deliver products into the state. SB 153 & 97 will allow Missouri and local jurisdictions to collect a use tax from online retailers who sell and deliver more than $100,000 in tangible goods to consumers in the state annually. Collection and remittance obligations will begin on January 1, 2023. Sales and uses taxes cannot be retroactive and will be collected by the Missouri Department of Revenue. Following 49 other states and Washington D.C., Missouri will be the final state to implement an economic nexus law since the Supreme Court’s decision in 2018.Currently, Missouri businesses lose sales because out-of-state, online retailers are not subject to the same state sales tax laws that local businesses are. The current system also burdens Missouri businesses because they are required to remit sales and use taxes to other states, but out-of-state businesses selling to Missourians do not.

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