Another hypothesis: there is an ASD between Sacramento County and the online merchant, which states that the local revenue tax is shared equally between the county and the retailer. Landkreis offered this assistance to encourage the online retailer to establish its DC in the county jurisdiction. In 2018, the U.S. Supreme Court in South Dakota v. Wayfair has decided that states can calculate VAT on purchases from non-governmental sellers, even if the seller does not have a physical presence in the state. The decision prompted the legislation to respond to the intergovernmental revenue tax for online goods, but it also produced a review of the treatment of intra-government sales in some states, including California and Texas. Traditional sales of bricks and mortars were generally based on origin – taxable at the point of sale. However, online merchant sales are now generally taxed on the basis of the determination of goods. For example, if you live in California and purchase goods from a retailer without a physical presence in California, the retailer must collect and transfer California taxes (use tax). The local portion of the tax would be allocated to the destination where the goods were shipped (z.B your home).
The processing of intra-government sales can bring considerable benefits to the location of the distribution centre. This has also given rise to an economic incentive for state enterprises that allow local tax-sharing agreements, allowing companies to account for part of the local turnover tax as an incentive to set up their distribution centres there. The proposed regulation has generated strong views on both sides, with cities like Round Rock (City), the home of Dell Technologies (Dell), claiming: that the vast majority of Dell $29,000,000 a year in the local portion of the intra sales revenue tax Government is now spread over locations throughout the state (based on the purpose of the goods), resulting in a loss of 20,000,000 USD per year for the city and 9,000,000 USD per year for Dell. After 35 years, it`s a billion for the city and Dell. On January 3, 2020, the Texas Comptroller of Public Accounts (Comptroller) issued revisions to the Texas Administrative Code, Title 34, Part 1, Chapter 3, Sub-Chapter O. The comptroller found that, given Wayfair`s Bills 1525 and 2153 and De Texas House, both of which were passed in 2019, remote sellers who must collect a Texas revenue/use tax should collect the tax on the basis of destination, not origin.