Cyberlaw Thematic Activity

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Allegany College of Maryland *

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216

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Law

Date

Apr 3, 2024

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docx

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2

Uploaded by JusticeNightingale3059

Cyber Law Thematic Activity #6 CYBER LAW THEMATIC ACTIVITY #6 1 Chapter 6: Online Tax-Related Issues DIRECTIONS: For this Thematic Activity, you will type your response and analysis of the inquires presented. You should refer to Chapter 6: Online Tax-Related Issues to determine the answer to each inquiry. This Cyber Law Thematic Activity is due on Saturday, March 2, 2024. Utilize this document and submit your completed work through the assignment portal provided in Brightspace. INQUIRIES: 1. Define the role of the Internal Revenue Service (IRS) and list the two sources of federal tax laws. The Internal Revenue Service is a bureau of the U.S. department of Treasury that is responsible for tax collection and tax law Enforcement. Internal Revenue Code contains the federal tax laws enacted by congress. Treasury Regulations provides the official interpretation of the (IRC) by the U.S. department of the Treasury. 2. Describe the scope of the Internet Tax Freedom Act (ITFA). The (ITFA) was primarily intended to prevent state and local governments from imposing new or discriminatory taxes on internet transactions. 3. Explain the difference between a sales tax and a use tax . Sales tax is imposed on the sale of goods and services, and use tax is the imposed on the use of certain goods that are bought outside the taxing authority. 4. Clarify the purpose of the Streamlined Sales Tax Project (SSTP) . As a reference, the SSTP’s website is located at the following link: https://www.streamlinedsalestax.org/ It’s a multi-state initiative to make sales tax laws, rules, and systems more uniform across the states, thus, make it easier for vendors to collect states sales tax.
Cyber Law Thematic Activity #6 CYBER LAW THEMATIC ACTIVITY #6 2 5. The following is a hypothetical scenario associated with the chapter’s content. Please read the scenario and answer the question that follows. HYPOTHETICAL SCENARIO: Acme Corporation, an online retailer with its principle place of business in Maryland, decides it wants to expand its online retail operations by offering customers in Pennsylvania to return and exchange products purchased online through XYZ Corporation retail stores in Pennsylvania. To promote this new service, Acme Corporation has engaged in an advertising campaign in Pennsylvania. Acme Corporation and XYZ Corporation are both wholly-owned by the Acme Group. The Pennsylvania Franchise Tax Board now wants to collect state sales tax from Acme Corporation for purchases from Pennsylvania residents. QUESTION: Please explain whether the Pennsylvania Franchise Tax Board violates the Commerce Clause or the Due Process Clause of the U.S. Constitution by collecting state sales tax from Pennsylvania residents. Hint: For your response, consider the “substantial nexus test” from the landmark case in Quill v. North Dakota (1992) and the landmark case of  South Dakota v. Wayfair, Inc. (2018)  which overturned  Quill v. North Dakota (1992) . The issue of whether the Pennsylvania Franchise Tax Board violates the Commerce Clause or the Due Process Clause of the U.S. Constitution by collecting state sales tax from Acme Corporation for purchases from Pennsylvania residents involves the principles of nexus and the impact of recent legal precedents. Acme Corporation is an online retailer with its principal place of business in Maryland, and it is engaging in an advertising campaign in Pennsylvania. Historically, under the Quill standard, the mere advertising or solicitation of sales within a state did not constitute a sufficient physical presence to establish substantial nexus. In conclusion, given the overturning of the Quill physical presence standard in the Wayfair decision, the Pennsylvania Franchise Tax Board would likely be within its constitutional rights to collect state sales tax from Acme Corporation for purchases made by Pennsylvania residents, especially if Acme has a significant economic presence in the state. However, the specifics of Acme's online sales and transactions with Pennsylvania residents would need to be examined to determine whether a substantial nexus exists and whether the taxation is consistent with the principles of the Commerce Clause and Due Process Clause.
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