Case Report - Journal of Finance and Marketing (2021) Volume 5, Issue 1
Accounting ethics and the performance of accounting firms
States have been prohibited from requiring out-of-state e-retailers who lack a physical presence
in the state from being able to collect and remit state sales or use taxes on revenue generated
from in-state purchases. The physical presence requirement has provided e-tailers with a
competitive advantage in terms of price as compared to residential businesses. Since 2004, total
annual online sales in North America have increased by $318 billion, resulting in annual sales of
$400 billion, with worldwide online sales exceeding $1 trillion annually. While retailers are
unable to mandate collection of sales or use taxes on e-tailers without a physical presence
within the state, consumers are required to report the taxes on their returns; however, it is
estimated that only four percent of residents voluntarily report these taxes. As such, experts
have calculated that states lose more than $12 billion per year in lost sales and use tax. In 2018,
however, the Supreme Court of the United States will be hearing a case challenging the current
prohibition and plethora of precedence, to determine whether a state should be able to impose
the burden to collect state sales taxes on outof-state e-tailers who lack a physical presence with
the state in which the consumer purchased the item. Additionally, Congress continues to
consider legislative action to afford states the power to mandate collection of sales taxes on
nonresident sellers who lack a physical presence within the state. The possible changes relating
to state?s sales tax collection will alter e-tailers pricing strategies, minimizing the feasibility of
the cost leadership approach. The purpose of this article is to analyze the genesis of cases
relating to the collection of state sales taxes as well as recent congressional efforts to amend the
current law and to describe how the changes will impact the ability of e-tailers to pursue a price
leadership strategy. This research is important for two central reasons. First, extant research
has not explored states sales tax differences in terms of Porter?s pricing strategies. Secondly, the
regulatory landscape is positioned to change, meaning existing practitioners will need to
reevaluate their current strategies in order to adapt to the new regulatory environment. Author(s): Ayodotun Ibidunni
Abstract
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