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AG Coffman Leads Multi-State Amicus Brief in U.S. Supreme Court case to Hold Online Retailers to Same Standards as Local Businesses

DENVER- Today Colorado Attorney General Cynthia H. Coffman announced that she and 40 other States, two Territories and the District of Columbia have filed an amicus brief in the United States Supreme Court, supporting the State of South Dakota in South Dakota v.  Wayfair, Inc., No. 17-494. The Colorado Attorney General’s Office is lead counsel for the coalition seeking to overturn an outdated rule preventing States from requiring out-of-state online retailers to collect the sales tax that is owed on retail goods. 

The U.S. Department of Justice has also filed a brief with the Court in support of the states, and the Supreme Court is scheduled to hear the case in April.

“We cannot allow homegrown, brick-and-mortar businesses to be put at a competitive disadvantage by an ancient tax ruling that was made decades before the first retail internet purchase was made retail sale,” said Attorney General Coffman. “States are losing billions of dollars in tax revenue, and it’s unacceptable.

Congress and some commentators have been suggesting for decades now that this problem should be solved with new federal legislation. But that hasn’t happened. States have been forced to wait for years for a real solution to this serious problem, it’s become clear that the U.S. Supreme Court needs to address the constitutional question at the center of this issue. That is precisely what it will do in the Wayfair case.”

A copy of the Amicus Brief can be found on the righthand side of this webpage. 

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Annie Skinner
Colorado Attorney General’s Office
720-508-6553 or