Wayfair Implementation and Marketplace Facilitator Work Group
In 2018, in South Dakota v. Wayfair, the U.S. Supreme Court overruled Quill’s physical-presence nexus standard for state sales tax jurisdiction. Soon after, the MTC Uniformity Committee established a work group to advise on the development of a white paper that would identify important issues and the pros and cons of state approaches to implementing Wayfair. In particular, the work group focused on how to define marketplace facilitators and the imposition of sales tax collection obligation on those marketplace facilitators. The work group also focused on developing bright-line dollar/sales thresholds to take the place of the physical-presence standard.The project concluded in 2020 but MTC staff have continued to update the final white paper to take into account more recent developments.
Information on this page is provided for informational purposes only. Unless otherwise indicated, the inclusion of the information on this page does not indicate endorsement of the Commission or any of its member states.
Wayfair Project Reference Information
Agendas, working documents, and other project-related information from previous meetings:
- Revised Work Group Status Report to Uniformity Committee
- Results of state vote on presentation by Beth Sosidka, AT&T, to the Work Group requesting that Multistate Tax Commission send letters to state tax administrators encouraging states to enact the Marketplace Facilitator Sales Tax Collection Model Legislation Approved Unanimously by the National Conference of State Legislatures Executive Committee Task Force on State and Local Taxation, distributed March 2, 2020
- Final White Paper, July 2021
- Statutes imposing collection duties on marketplace facilitators:
- Alabama
- Arkansas
- Arizona
- California
- Colorado
- Connecticut
- DC amendment implementing Wayfair (effective 1/1/19) and imposing marketplace facilitator collection requirements (effective 4/1/19)
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- North Dakota
- Nebraska
- New Jersey
- New Mexico
- New York
- Nevada
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- Vermont
- Washington
- Wisconsin
- West Virginia
- Wyoming