ACMA V. MA DEPARTMENT OF REVENUE

Issue: Tax
Court: Massachusetts Chancery Court

RLC's Position:
The Retail Litigation Center and the Retailers Association of Massachusetts filed an amici brief in a case where the American Catalog Mailers Association (ACMA) and Netchoice sought to prevent the enforcement of the state’s eFairness directive. The RLC’s amici brief in support of the defendant highlighted the flaws in ACMA’s argument that it would be onerous to comply with the directive. The brief explains that modern computing and existing software make it relatively simple for internet retailers to comply with the directive at minimal costs. The brief also points out that ACMA does not ask the court to reach the constitutional question regarding Quill and that ACMA has not suffered any harm as a result of the directive.

Case Outcome:
As a result of the court's skepticism as to whether the directive was issued through the proper procedure, the Massachusetts Department of Revenue revoked the directive, but stated that it would begin rulemaking in July using the same theory.  A public hearing will be held on this proposed regulation on August 24th.

Procedural History and Case Documents:

• Department of Revenue Directive 17-1: Requirement that Out-of-State Internet Vendors with Significant Massachusetts Sales Must Collect Sales or Use Tax issued April 2017
• Department of Revenue Directive 17-2: Revocation of DD 17-1 In Anticipation of Proposed Regulation issued June 2017

Please use the DOWNLOAD button below to access the RLC's Brief.