Explore Videos

Wayfair’s Impact on New Jersey

November 05, 2018

Partner-in-Charge of EisnerAmper’s SALT practice, Gary Bingel, discusses the tax impact of the historic Wayfair decision on NJ, including a pair of key provisions regarding the tax threshold for remote sales or number of transactions, along with what constitutes an online marketplace facilitator.

Transcript

Gary Bingel: Hi, I'm Gary Bingel, the Partner-in-Charge of State and Local Taxes here at EisnerAmper, and I want to give you a brief update on current developments in New Jersey regarding the Wayfair decision and the taxation of Internet sales. On October 4, 2018, the governor signed legislation regarding Internet sales and remote sellers and marketplace facilitators. Really, there were two provisions in the bill. The first one was regarding Internet sales and remote sellers, and it imposes tax on all remote sellers in accordance with the Wayfair decision.

Essentially, anyone with remote sales of $100,000 or more or 200 or more transactions is now subject to sales tax in New Jersey and its collection responsibilities. Originally, that was to take effect on October 1, 2018, but the legislation delayed it until November 1. The second part of the legislation requires marketplace facilitators to also collect sales tax in New Jersey on all remote sales.

Marketplace facilitators are essentially anyone having anything to do with online sales other than the seller themselves. It encompasses not just what you would normally think of as a marketplace facilitator, such as Amazon or Etsy, but it was written so broadly as to encompass other types of "facilitators" such as entities like Angie's List, Facebook or Pinterest. As long as there was any sort of compensation or you have anything to do with connecting buyers and sellers and you receive any sort of money or compensation for that, you could fall under these provisions.

About Gary Bingel

Gary Bingel's expertise focuses on state and local income taxation, and sales and use tax consulting. He has significant experience serving clients in the manufacturing, retail, pharmaceutical, biotechnology, technology and service industries.

* Required

More Videos in This Series

New Jersey Real Estate Tax Update

EisnerAmper partner of the NJ Real Estate practice reviews why industrial and multi-family units are hot and the tax-reform game-changer of Qualified Opportunity Zones, which offer potentially lucrative tax incentives in certain low-income areas.
Positive Tax Changes in NJ

Several recent tax developments have made the Garden State a better place in which to live and do business and Barbara Taibi talks about the increase in the pension/retirement income exclusion, sunset of the estate tax, and a tax rate increase.
Keeping New Jersey Manufacturers in the Running

Many of our state’s manufacturers are facing challenges that may impact their ability to be locally profitable and globally competitive. However, help is on the way, from a host of NJ organizations dedicated to the success of our manufacturing sector.
Words of Wisdom for NJ Businesses from Our All-Star Panel

Our panel offers tips for companies considering doing business in the Garden State. Their recipe for success includes leading by example, understanding the environment and its challenges and taking advantage of the state’s many development programs.

Jim Abbott’s Journey from Professional Ballplayer to Professional Speaker

Retired from the MLB in his 30s, keynote Jim Abbott had to figure out what to do with the rest of his life. Hear how this shy Midwesterner used many of the traits of being a successful big-league pitcher to become a polished motivational speaker.