Today, the Illinois Supreme Court ruled in the favor of the PMA (Performance Marketing Association), of which ShareASale is a Charter Member.
The “Affiliate Nexus” or “Amazon” Tax is now null and void in Illinois.
The Illinois Ruling – What Does It Mean To Me?
1. Advertisers may reinstate Illinois-based Affiliates Immediately
The ruling by the Illinois Supreme Court that Public Act 96-1544 is “void and unenforceable” results in a judicial finding that the statute was never legally valid and, therefore, it is not currently in effect. This means that advertisers are free to reinstate their Illinois affiliates whose contracts were terminated out of fear of the “click through” nexus law. Of course, advertisers must still be wary of any additional activity that may be conducted by web affiliates on their behalf, such as active solicitation of prospective customers and other in-state promotional efforts. The court ruling does not displace, or supersede, traditional, physical-presence nexus standards.
2. Affiliates in Illinois Are Back In Business
The Illinois Supreme Court, in a 6 to 1 decision, agreed with the PMA’s argument that the Illinois web affiliate nexus statute (Public Act 96-1544) was preempted by federal law and is therefore “void and unenforceable.”
Displaced affiliates can move back to Illinois without being concerned that the statute, which has now been declared void by the state’s highest appellate court, will cause them to create a sales tax collection obligation for out-of-state advertisers.
The full decision can be read here.
Happy with Today’s Ruling? Help us continue to fight for you – Contribue to the Fairness Fund
Performance Marketing Fairness Fund
Your contribution to the Performance Marketing Fairness Fund is needed to help us continue our advocacy efforts for our industry and to help us protect the small businesses that make their living as performance marketers. Whether you are an affiliate, merchant, network or service provider; are a nonmember; or just want to further support the cause, your funding will assist the PMA in the following areas:
Lydia saysOctober 24, 2013 at 1:18 am
That’s great news for Illinois affiliates. If only a similar ruling could be made in Arkansas