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Source Dormant Commerce Clause Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

An online retailer has no offices, employees, or inventory in Delaware, but it makes $2 million in annual sales delivered to Delaware customers. Delaware requires the retailer to collect sales tax on Delaware sales.
Which statement is most accurate?

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The tax is likely valid if the seller has substantial economic nexus and the tax is fairly apportioned, nondiscriminatory, and fairly related to state services. The tax is invalid because physical presence in the state is always required. The tax is valid only if the seller stores inventory in the state. The tax is valid only if the seller is incorporated in the state.

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