Illinois enacts tax requirement on out-of-state retailers

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Illinois Gov. Pat Quinn signed the Main Street Fairness Bill into law on March 11, requiring all retailers doing business in the state to collect and remit sales tax.

The law, which is effective immediately, requires out-of-state retailers, such as e-commerce merchants with affiliates in Illinois, to collect sales tax on customer purchases and remit them to the Illinois Department of Revenue.

“Illinois' main street businesses are critical to ensuring our long-term economic stability, which is why they must be able to compete with every company doing business online in Illinois,” Quinn, a Democrat, said in a statement. “This law will put Illinois-based businesses on a level playing field, protect and create jobs and help us continue to grow in the global marketplace.”

The Direct Marketing Association said in a statement that it “regrets” the decision, adding that the US Supreme Court has consistently ruled that a retailer must have a physical presence in a state to collect and remit sales tax.

“The bill is nothing more than a termination notice for the 9,000 affiliates in the state,” said Jerry Cerasale, SVP of government affairs at the DMA, in a statement.

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