Attorney General accepts requests for legal opinion on new Department of Revenue policy to tax remote sellers

Office of the Kansas Attorney General

TOPEKA – (August 28, 2019) – Kansas Attorney General Derek Schmidt today issued the following statement after receiving two requests for a formal legal opinion related to the Department of Revenue’s recently announced policy to expand the duty on remote sellers to collect and remit sales tax in a manner that differs from the South Dakota law that the U.S. Supreme Court reviewed in South Dakota v. Wayfair:

“We have received requests from President Wagle and Speaker Ryckman to provide our formal legal opinion on several aspects of the Department of Revenue policy. After conducting a preliminary review of the issues involved, we have decided to consolidate the two requests and will provide our legal opinion on issues they raise. We recognize the timely nature of the request. We will work diligently to issue a formal opinion before the new policy takes effect October 1 so all involved may see our legal analysis in deciding how to proceed.”