New Hampshire’s Take On the Wayfair Decision

During our Facebook Live last week, James Dawson of Miles & Stockbridge spoke in detail about the South Dakota v. Wayfair decision which we covered in a previous blog post, South Dakota v. Wayfair: What Does This Mean for Online Retailers?.

One of the recent more intriguing developments following this decision has been in New Hampshire. The sales-tax free state is looking to “protect [their] businesses from improper attempts by other states to force…sales and use tax [collection],” according to New Hampshire Governor Chris Sununu. The state believes that the decision not only violates New Hampshire’s laws, but also the United States Constitution.

The goal is to protect local businesses from sales and use tax laws in every way possible. Out-of-state taxing authorities will have to notify the New Hampshire Department of Justice if they plan on taxing or auditing local businesses. The NH Department of Justice will have the opportunity to block attempts to impose tax collection if they feel that it violates their new law.

Although nothing is set in stone as of yet, Governor Sununu may call a special session of legislature this summer to further draw out this plan.

For a deeper understanding about sales and use tax and to get your questions answered, you can now register for MSATP’s newest seminar/webinar, Sales and Use Tax After the Wayfair Case. To register for the webinar, click here, and to register for the in-person seminar, click here.