Saskatoon StarPhoenix

U.S. sales tax ruling could bite Canadian online retailers

Different regimes for states add new level of complexity

- JESSE SNYDER

A milestone decision by OTTAWA U.S. lawmakers could soon force Canadian online retailers to pay sales taxes on products sold into the U.S., part of a long-awaited ruling that will have a ripple effect across Canada’s e-commerce sector.

“It’s not just internet giants getting wrapped up in this,” said Noreen Marchand, a partner with KPMG in Toronto.

The U.S. Supreme Court ruled on Thursday that states have the right to collect sales taxes on items sold by out-of-state vendors, a decision that tries to put e-commerce firms on a level playing field with competitor­s. It effectivel­y closes a loophole that allowed online retailers with no physical presence in a given state to avoid paying sales taxes.

Maureen Atkinson, senior partner at J.C. Williams Group, said Frank And Oak, Lululemon Athletica Inc., and Aldo Group could be among the companies affected by the changes, due to their sizable positions in the United States.

Atkinson said it is difficult to determine which Canadian companies would be most directly impacted by the ruling. Many already have a physical presence in various U.S. states and so already pay state-level sales taxes. But the changes could deeply affect smaller vendors who sell their products through e-commerce giants like Amazon.com, Inc., and eBay Inc., removing the slight tax advantage previously enjoyed by those firms.

Local companies in the U.S. have long claimed that outside rivals and e-commerce giants gained an unfair advantage from the tax break.

“From a competitiv­eness standpoint, it means that every one of your competitor­s has to charge that tax, too,” Atkinson said.

She said the decision could also add new levels of complexity for Canadian retailers, which will soon have to comply with differing tax regimes between states, and pay back those state taxes on an annual, quarterly or monthly basis, raising administra­tive costs.

The U.S. decision comes after continued battles between bricks-and-mortar retailers and online retail giants, which have turned the consumer retail market upside down in recent years.

Canadian e-commerce retail sales grew 8.8 per cent in April compared to the year before, according to Statistics Canada, accounting for $1.3 billion in total sales volume over the month, or 2.7 per cent of total retail trade.

South Dakota levelled the suit against online retailers Wayfair Inc., Overstock.com Inc. and Newegg Inc. in a bid to compel those firms to pay state-level sales taxes, which was reviewed by the U.S. Supreme Court. Other e-commerce platforms like eBay and Etsy Inc. supported the defendants.

The National Conference of State Legislatur­es estimated that U.S. states had foregone as much as US$17.2 billion in sales taxes in 2016 due to the sales tax loophole. Amazon now pays sales taxes in nearly every U.S. state after facing pressure from Washington, a move that it had long resisted.

Canadian retailers, as a result, have long expected U.S. states to begin imposing those taxes more broadly. “This has been coming for a while,” said Karl Littler, vicepresid­ent of public affairs at the Retail Council of Canada. “Given the burgeoning presence of online, you can no longer treat this as being anything other than the mainstream swim of retail sales.”

You can no longer treat this as being anything other than the mainstream swim of retail sales.

 ?? STEVEN SENNE/AP FILES ?? Lululemon Athletica Inc. is among the companies that could feel the pain of the U.S. Supreme Court’s sales tax ruling since it has a sizable position in the U.S. The changes could also sting smaller vendors who sell their products through e-commerce...
STEVEN SENNE/AP FILES Lululemon Athletica Inc. is among the companies that could feel the pain of the U.S. Supreme Court’s sales tax ruling since it has a sizable position in the U.S. The changes could also sting smaller vendors who sell their products through e-commerce...

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