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Ill. SC hears arguments in case over sales tax law

By Jessica M. Karmasek | May 28, 2013

SPRINGFIELD, Ill. (Legal Newsline) -- Last week, the Illinois Supreme Court heard arguments in a lawsuit brought over the constitutionality of a state law that forces online retailers, even those without a physical location in the state, to collect state sales taxes.

The law was passed in 2011 to boost tax revenue and eliminate what some considered an unfair advantage for some Internet retailers, including Amazon.

Basically, lawmakers redefined "physical presence" to also include marketing affiliates based in the state.

The state's high court heard arguments in Performance Marketing Association Inc. v. Brian A. Hamer, etc., Wednesday.

The plaintiff PMA, a not-for-profit trade association founded in 2008, argues that online retailers are being "singled out" by the law.

But Illinois isn't the only state targeting online retailers through such measures.

California and Tennessee, most recently, passed laws requiring out-of-state companies, including Amazon, to collect sales taxes on purchases made by their states' residents.

From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.

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