Tax Law | Expert Legal Commentary

April 8, 2009

The “Amazon Tax” Upheld in New York, Enabling State Taxation of Web Sales

Amazon.com LLC v. New York State Dept. of Taxation and Finance

By H. Jacob Lager of Zuber & Taillieu

In a case that has all major online retailers nervous, a Manhattan court upheld a new state tax law that requires many out of state retailers to collect state sales tax on purchases by New York residents in Amazon.com LLC v. New York State Dept. of Taxation and Finance, ___ N.Y.S. 2d ___, 2009 WL 69336 (N.Y. Sup. 2009). Online giant Amazon.com challenged the law on constitutional grounds, but the New York Supreme Court judge found that Amazon did “not come close” to demonstrating unconstitutionality of the law.

About the Author

H. Jacob Lager is a Partner of Zuber & Taillieu, focusing on tax law.

Image Credit: ©iStockphoto.com/eyeidea

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H. Jacob Lager

Companies Mentioned

Amazon Services, LLC

Amazon.com LLC

New York State Department of Taxation and Finance

The State of New York

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