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Lawmakers OK Bills To Help State Collect Tax In Online Sales

CARSON CITY, Nev. (AP) — Lawmakers have passed a bill aimed at helping Nevada collect more tax revenue from online retailers.

The Senate unanimously passed SB382 on Tuesday, and the Assembly passed the identical measure AB380.

The U.S. Constitution's Commerce Clause prevents states from requiring a merchant to collect and turn over sales tax unless the business has a substantial base in that state.

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The bills create the presumption that a company should collect and pay sales tax to the state if it has a physical presence in Nevada. That presence can be a person and doesn't necessarily need to be a brick-and-mortar building.

Supporters say the bill puts Nevada in a good position to collect the taxes, even though it would take congressional action to make major changes forcing online retailers to pay state taxes.