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Essay - Is California v Texas Taxing for Obamacare?
The ACA now goes down a new road that would seem to belong in a theme park somewhere on Mr. Toad's Wild Ride. If in this game of Hold ‘Em the Texas court's invalidation of the ACA holds, it's anyone's guess as to where this whole thing lands. And even if Texas is reversed, the decision may invigorate serious political discussion regarding how best to go forward, particularly while the case is still winding its way through the courts.
Out-of-State Privileges for Internet Sales after Wayfair
In South Dakota v. Wayfair, Inc., the U.S. Supreme Court overruled its prior decisions in Quill and Bella Hess to allow a state to collect sales tax on internet sales even though the vendor has no “brick and mortar” store, warehouse or other physical presence in the state. Texas has been losing an estimated $1.1 billion a year in tax collections from the old physical-presence requirement. Texas needs to exploit the new rule now. So do other states. The money would be well spent for the highest-priority state needs. The revenue would also just come from actually collecting tax from people who are supposed to be paying tax already, but don’t. In-state Texas merchants who have been withholding sales tax will love the new level-playing field