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The Commonwealth Court of Pennsylvania recently held in Online Merchants Guild v. Hassell that the Pennsylvania Department of Revenue failed to provide sufficient evidence that non-Pennsylvania businesses selling merchandise through third-party online fulfillment services had sufficient contacts with Pennsylvania such that the Department could mandate out-of-state businesses to collect and remit sales tax. The court highlighted that the non-Pennsylvania businesses’ connections to Pennsylvania were limited to the storage of merchandise by these Fulfillment Services in their Pennsylvania warehouses.

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Tags: GT Insight, online retailers, sales tax, State & Local Tax (SALT), state sales tax
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Photo of Bradley R. Marsh Bradley R. Marsh

Bradley R. Marsh is Co-Managing Shareholder of the San Francisco office and focuses his practice on tax controversy matters, including property, sales, payroll, business license, employment, franchise, parcel, district, documentary transfer, transient occupancy, utility user, income, parking, gift and estate taxes. He serves…

Bradley R. Marsh is Co-Managing Shareholder of the San Francisco office and focuses his practice on tax controversy matters, including property, sales, payroll, business license, employment, franchise, parcel, district, documentary transfer, transient occupancy, utility user, income, parking, gift and estate taxes. He serves as a co-chair of the State and Local Tax (SALT) Practice. Brad represents clients in audits, litigation and administrative hearings, as well as analyzing transactions and business models, and developing strategies for legislative resolutions.

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Photo of Shail Shah Shail Shah

Shail Shah has been helping clients address California tax problems for more than 15 years. His clients range from Fortune 25 companies to high-net-worth individuals. He focuses his practice on complex California tax planning and representation in front of the California Franchise Tax…

Shail Shah has been helping clients address California tax problems for more than 15 years. His clients range from Fortune 25 companies to high-net-worth individuals. He focuses his practice on complex California tax planning and representation in front of the California Franchise Tax Board (FTB), California Department of Taxation and Fee Administration (CDTFA), Office of Tax Appeals (OTA), Board of Equalization (BOE), and various administrative and judicial adjudicating forums at both the state and local levels. He provides advice on both proactive residency planning and residency audit defense.

Shail’s experience includes working as an attorney at the California Franchise Tax Board (FTB). He utilizes his experience to attempt to turn audits into potential refund opportunities, using tax assessments as openings to persuade state agencies that his clients may be due refunds.

Shail is an Executive Committee member of the Tax Section for the California Lawyers Association (CLA).

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Photo of Ruben Sislyan Ruben Sislyan

Ruben Sislyan focuses his practice on California state and local tax controversies at the audit, administrative, and judicial levels. He has broad experience representing Fortune 500 and middle-market companies, closely held businesses, start-ups, families, and individuals in a wide range of state and

…

Ruben Sislyan focuses his practice on California state and local tax controversies at the audit, administrative, and judicial levels. He has broad experience representing Fortune 500 and middle-market companies, closely held businesses, start-ups, families, and individuals in a wide range of state and local taxes, including corporate franchise/income, personal income, sales and use, property, tobacco, and gross receipts and other local taxes.

Ruben helps clients navigate through all stages of California’s complex administrative tax controversy process. He regularly practices before California’s state and local tax agencies and tribunals, including the Franchise Tax Board, the California Department of Tax and Fee Administration, the State Board of Equalization, the Office of Tax Appeals, and the Los Angeles Office of Finance. Ruben also has experience representing clients in California courts and challenging unlawful taxes.

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