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South Dakota has estimated it loses up to $50 million a year in sales tax on online purchases; a 2017 report from the federal government found that U.S. states collectively miss out on as much as $13 billion in unpaid tax on internet sales, according to Reuters.

The Supreme Court said the physical presence rule was "unsound and incorrect".

"Each year the physical presence rule becomes further removed from economic reality and results in significant revenue losses to the states".

But Wayfair, an online furniture shop, and other retailers argued that handling the nuanced sales tax rules in each state would be impossible for small online retailers and would put them out of business.

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Kennedy wrote that the 1992 precedent that affirmed that a physical presence is required - a case called Quill v.

In the wake of the ruling, companies like Amazon will have to keep an eye on how each state handles sales tax legislation and whether they will have to collect the funds on behalf of third-party sellers.

Chief Justice John Roberts agrees.

South Dakota then filed a lawsuit to declare that the new law was valid, a suit that eventually found its way to the Supreme Court.

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"The physical presence rule has always been criticized as giving out-of-state sellers an advantage", the ruling says. However, nothing will actually change until states (or the federal government) enact new regulations to force the collection of sales tax.

But sellers that only have a physical presence in a single state or a few states could avoid charging customers sales tax when they're shipping to addresses outside those states. "This was the right case and the right time for the Court to act, and we couldn't be more pleased with the outcome".

A Government Accountability Office audit said states missed out on about $13.7 billion in tax revenue in 2017. Wayfair, Amazon.com, Overstock, Etsy, Shopify, and Blue Apron were all down in the 30 minutes following the ruling, with Wayfair falling as much as 9.5 percent. Newly-public sales tax automation company Avalara saw its shares spike 30 percent immediately following the ruling.

The court was particularly strong in its language using home furnishings retailer Wayfair, a defendant in the case.

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