WAYFAIR Update - New york responds

The New York Department of Taxation and Finance ("Department of Taxation and Finance") has issued an Important Notice ("N-Notice") in response to the U.S. Supreme Court's June 2018 decision in South Dakota v. Wayfair ("Wayfair"), which abandoned the physical presence requirement for imposing sales tax collection responsibilities on remote sellers.  The Department of Taxation and Finance has stated that as a result of the decision in Wayfair, “certain existing provisions in the New York State Tax Law that define a sales tax vendor immediately became effective.”

Remote sellers should take immediate note and monitor their sales into New York and where they have met both of the threshold requirements, they  are required to register as a sales tax vendor with the Department of Taxation and Finance that will permit in order to collect and remit the applicable sales tax and/ or accept sales tax exemption certificates.  New York remote seller thresholds are more advantageous to remote sellers verse other state's requirements.