October 19, 2013
The Performance Marketing Association has just announced that the Illinois Supreme Court has upheld the circuit court ruling that the state’s Affiliate Nexus Tax law is unconstitutional. The PMA will share more information as the details become available, but this is another victory for the industry association as it continues to fight nexus tax legislation across the nation.
It was on April 25, 2012 that Judge Robert Lopez Cepero issued a ruling stating that the Affiliate Nexus Tax in Illinois is unconstitutional and violates the Internet Tax Freedom Act.
The nexus tax was passed in Illinois in 2011. More than 9,000 Illinois affiliate marketers were adversely affected by the decision, which meant that 9,000 online businesses lost advertising agreements with more than 1,000 out-of-state retailers, who stopped working with Illinois affiliate marketers to avoid the burden of having to collect Illinois sales tax.
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