Louisiana: U.S. District Court Dismisses Remote Seller’s Sales Tax Complaint for Lack of Jurisdiction

May 26, 2022, 5:00 AM UTC

The U.S. District Court for the Eastern District of Louisiana May 23 found it lacked jurisdiction under the Tax Injunction Act (TIA) over a constitutional challenge to Louisiana’s sales and use tax regime as applied to remote sellers. Taxpayer was an Arizona corporation selling jewelry-making supplies into Louisiana. Taxpayer argued that Louisiana’s parish-by-parish and intra-parish tax requirements violated the Commerce Clause and Due Process Clause as burdensome and lacking a reasonable relationship to the value gained from them. Taxpayer stated that it intentionally halted its sales into Louisiana before it met the economic nexus thresholds. Taxpayer sought a declaratory judgment ...

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