The Nebraska Department of Revenue issued a statement on July 27, 2018 in reaction to the U.S. Supreme Court’s decision in South Dakota v. Wayfair. The Department states that because the Supreme Court overruled the physical presence rule as a requirement for remote sellers to collect sales tax, certain remote sellers now have a sales tax collection responsibility on sales made to customers in Nebraska. The state did not enact specific legislation requiring remote sellers to collect but rather is relying on its current definition of retailer engaged in business. The definition is not overly broad and may not apply to all sellers.
Remote sellers who are defined as “engaged in business in Nebraska” under Neb. Rev. Stat. § 77-2701.13 are required to obtain a sales tax permit on or before January 1, 2019 and begin collecting and remitting sales tax on sales to Nebraska customers. Remote sellers who do not fall under this definition are not required to collect but can voluntarily register and collect for the benefit of Nebraska customers. Engaged in business in Nebraska means any of the following:
The Department plans to administer a collection responsibility for remote sellers consistent with the Supreme Court’s Wayfair decision, which approved of South Dakota’s small seller exception for sellers with sales of $100,000 of less or fewer than 200 transactions. Enforcement of remote seller sales tax collection will be applied prospectively following the January 1, 2019 effective date. The Department may pursue legislation for remote sellers during the 2019 legislative session if the final outcome of the South Dakota v. Wayfair case requires it. Remote sellers can find additional information on the Department’s Wayfair Decision Frequently Asked Questions page. (News Release, Nebraska Department of Revenue, July 27, 2018 and Neb. Rev. Stat. § 77-2701.13).