What Types of Businesses does Wayfair Apply To?
October 02, 2018
Many people view wayfair as being applicable to only businesses that sell goods over the internet. However, the ramifications of wayfair go beyond pure internet retailers. As a result, the wayfair decision has ramifications for services companies, as well as software companies. It’s holding can be applied in some form to just about any company that has interstate sales.
Gary Bingel: Well, a lot of people are looking at the Wayfair case, as it may only apply to e-Commerce or your typical internet sales. And really, it does go far beyond those types of businesses. It applies to pretty much any business that has cross-border transactions or remote sales. That could include service companies, software service companies, any sort of app company. And even if all of your sales are exempt, let's, say, for resale, you may have an increased recordkeeping requirement, because since you have nexus in many more jurisdictions, you're going to have to keep track of those exemption certificates and many more jurisdictions than previously required.