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Wyoming Retail Association Pursues E-Fairness Legislation

From the very beginning of online commerce, local retailers serving as the backbone of our Wyoming Main Streets have been unfairly punished with a tax code that gives their online competitors a federal, government-sponsored advantage.  Every day the stores in our communities are required to collect the state’s sales tax, while out-of-state competitors selling in Wyoming get a free pass.  This results in an automatic price advantage putting local job creators at a competitive disadvantage.

 Through Senator Enzi’s leadership, Wyoming has played a lead role in seeking a federal solution to the uneven playing field that our Main Street Retailers operate within every day. Congress has still not acted despite 15 years of the States’ good faith efforts.  We have taken every step we can to facilitate collection, including advocating for a federal solution. It is our opinion that Wyoming must now look to home state solutions in the absence of federal action.

 Years ago Wyoming adopted the Streamlined Sales and Use Tax Agreement. Remote sellers do not comply with the law today because they want to gain an advantage over our main street retailers, not because they cannot comply.

Your association is respectfully requesting that the Joint Revenue Committee draft legislation similar to the bill that was passed in South Dakota earlier this year.  The legislation would enhance current law by simply making clear that Wyoming expects all sellers to comply with the State’s sales tax law. It would not create a new tax on anyone.

The legislation we are seeking to solve this problem would include the following:

  • Determine a Wyoming specific standard for economic nexus by way of an established threshold for companies that make a substantial amount of sales into the state annually.
  • Appropriate mechanisms for the state to enforce the law.

Remote sellers who make a substantial number of deliveries into or have large gross revenues from Wyoming benefit extensively from the State’s market. This includes the economy generally, as well as State infrastructure. They should collect our sales taxes.  The Joint Revenue Committee will convene in Buffalo next week to consider this legislation.  To get involved in leveling the playing field for Wyoming’s brick and mortar retailers please contact WRA Executive Director Chris Brown.

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Wyoming Retail Association (WRA)
P.O. Box 1003, Cheyenne, WY 82003  Phone: (307) 634-8816, Fax (307) 632-0249