April 17, 2007 4:00 AM PDT

Days numbered for tax-free Net sales

The halcyon days of tax-free Internet shopping may be about to end.

A powerful alliance of politicians, including key U.S. senators and the National Governors Association, is arguing that out-of-state retailers must be required to charge sales taxes on purchases. At the moment, for instance, companies like Seattle-based Amazon.com are not required to collect sales taxes on shipments to millions of its customers in California.

This is hardly a new debate: officials from the governors' association have been pressing Congress to enact such a law for at least six years. They invoke arguments, which have been unsuccessful so far, like saying that reduced sales tax revenue threatens budgets for schools and police.

What has changed, however, is the political dynamic. While its precise contours are difficult to map, a Democrat-controlled Congress is seen as more likely to agree to the idea than one controlled by Republicans.

"When you have a Democratic majority in Congress, that Congress will be more friendly to imposing new burdens on business if it means additional tax collection," said Steve DelBianco, executive director of the NetChoice coalition, which counts as members eBay, Yahoo and the Electronic Retailing Association and opposes the sales tax plan.

Another factor that could tip the scales in Washington in favor of the pro-sales tax forces is a concept called the Streamlined Sales Tax Agreement, invented in 2002 by state tax officials hoping to straighten out some of the notorious convolutions of state tax laws. If that happens, they believe, it will be easier to convince Congress to make sales collection mandatory for out-of-state retailers.

"Without any doubt, Congress will eventually approve legislation to give states that comply with the (agreement) mandatory collection authority for out-of-state transactions," said Neal Osten, federal affairs counsel for the National Conference of State Legislatures. "We expect that the legislation will be introduced shortly in this Congress."

So far, 22 states have signed onto the project by enacting legislation to simplify their tax codes, Osten said. "We believe that with the system operational, with software and online collection available, sellers volunteering and revenues being collected, Congress will consider the legislation and indeed approve it," he added in an e-mail message.

Sticky debate over "candy" definition
A simplification effort is key because of the dizzying complexity of state tax laws. One example is the Streamlined Sales Tax Project's "Proposed Amendment to Definition of 'Candy'"--which is marked "not for publication" and tries to draw the line between when candy is food (and therefore exempt from tax) and when candy is not (and therefore can be taxed).

Flour as an ingredient became a sticky point. In 2003, a representative of Indiana, James Turner, noted that a proposed definition of candy would have taxed the Milky Way Midnight candy bar but not the original Milky Way bar. But further investigation showed that Turner's counter-proposal would have treated "certain flavors of Pop Tarts" and Cookies and Twix Crunchy Cookie Bars as candy--but not Cookies and Snickers Crunchy Cookie Bars. Peanut butter Girl Scout cookies would be candy, but Thin Mints or Caramel deLites would be classified as food.

Bizarre distinctions like this, coupled with the existence of more than 7,000 different tax agencies, explain why the U.S. Supreme Court ruled, in a 1992 case called Quill v. North Dakota, that out-of-state retailers generally couldn't be obligated to collect sales taxes unless Congress changes the law. The justices noted: "Congress is now free to decide whether, when, and to what extent the States may burden interstate mail order concerns with a duty to collect use taxes."

One exception to that is a legal concept called "nexus," which means a company can be forced to collect sales taxes if it has a sufficient business presence. A second exception is cigarette sales, which are covered by the Jenkins Act.

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Add a Comment (Log in or register) 72 comments (Showing first 20 comments)
Use Tax?
by menty666 April 17, 2007 4:30 AM PDT
Ok, let's assume for a moment that the use tax does what it's supposed to, theoretically it pays for the upkeep of the infrastructure used to bring the goods to their final home. So I order a printer from an out of state merchant. The merchant then contracts with UPS to bring the item to me. UPS pays taxes to the town/state/mob and brings me my printer. At what point did *I* use the roadway to retrieve the printer? How is it that the state feels entitled to a tax here? Ugh, drives me batty.
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A C C O U N T A B I L I T Y
by Dragon Forge April 17, 2007 5:17 AM PDT
Why is it the government is always seeking accountability from every one/thing else and relentlessly seeking that which they dictate is theirs? Only 50% of revenues collected is spent responsibly. We need a government that is restrained. One that has to examine their funds frugally.

One would assume that as the world's most powerful nation we need governmnt to keep our standard of living so high, at least subconsciously we do.

Accountability is always being fostered on any revenue generating entity, be it person or business.

There are too, too many business that whine and complain and lobby that they are so hard done by and in conjunction with the governments themselves who do the same and get downright mean and nasty, partly enforced by the no-mind public adminstration that has been instituted, that is just greedy, grabby glutonous, godless goofing on the over burden half of the population that can not really afford it.

The time is neigh to start making use of your citizenships and vote no for anyone in favor of further taxation.

Without a public scrutiny in place, without the government acting accountably, without the public e-mailing, phoning, writing your representative, it will just be another nail in the coffin of a free and just society, one that has real representation.
Reply to this comment
Already here
by thedreaming April 17, 2007 7:18 AM PDT
Taxing goods sold online is already here, most large online retailers already charge a sales tax, regardless of where you place your order. If everyone had to pay for such taxes it means more money for the states, since it's a state sales take and not a national one.

In the end, it's all about the money. The Government, wether local or national, sees a way to make alot of money with very little effort, just tax everything.
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Unless my State
by PzkwVIb April 17, 2007 8:24 AM PDT
starts to pay me to be a tax collector, I will not go to all of the trouble of keeping reciepts and toting up how much use tax I own. The State government works for us, we don't work for them.

I have no objection to the streamlined sales tax initiative,per se, but anymsolution that presumes to take my time and effort to give the State its "due" is one I don't care to support.
Reply to this comment
Get rid of all sales taxes
by Dr_Zinj April 17, 2007 8:50 AM PDT
Sales taxes are inheritantly unfair. With so many different laws in existance, world-wide, there's no fair way to implement it over the internet, short of implementing an internet use tax and then trying to redistribute the earnings to everyone who claims that they have a tax on sales.

If I open a company that selles exclusively on the internet, it's not practical for me to be expected to know and apply sales tax regulations for all 413+ sovereign countries of the world, every one of the thousands of states, territories, counties parrishes, cities, townships, etc.

Adding a qualifier of "significant presence" automatically means an unfair, subjective, discriminatory burden has placed on a business.

Taxes, no matter who levies them, should always be equitably and fairly applied, and should always be earmarked for a specific purpose. Otherwise, they are a tool of greedy politicians to steal other people's hard-earned money for their own selfish, pork-barrelled interests that ultimately benefit them and their small circles of cronies.
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Huh?
by ajbright April 17, 2007 8:59 AM PDT
Alaska doesn't have any taxes so I don't pay if I order for myself, but I've always paid sales tax on any item from any online store when my orders are delivered to states that have sales tax.

You're telling me they are doing this out of the goodness of their hearts? I don't think so. The reason why this law is irrelevant is that individual states already have their own online sales tax laws in place. And if the online business operates outside of the US the law is unenforceable anyway.
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no taxes on internet are justified
by balonga April 17, 2007 9:02 AM PDT
taxes on sales should only be justified for shops where the city infrastructure is part of the business and might have to be supported (doubts). That is not the case for Internet or ¿should we pay taxes to the WWWConsortium or the IPs?
Reply to this comment
Cut spending
by gbob1960 April 17, 2007 9:10 AM PDT
Is there no end to more and more taxes?

Here's a new idea. How about cut spending?
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Then days numbered for Internet Commerce
by fred dunn April 17, 2007 9:24 AM PDT
Since by the time you figure in the shipping it probably won't be worth the wait. not to mention the cost of having to ship something back if the order is not right, etc.
Sell your Google stock if this happens because most of their advertisers are ecommerce and will be less likely to advertise to an audience that is no longer their base.
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Have no problem with this...
by Heebee Jeebies April 17, 2007 9:55 AM PDT
I have no problem with out of state retailers collecting taxes. However, this is not something the consumer should have to do. The sellers should be made to do this. They are the ones that want to operate a business and accept sales from out of state.

As for this killing the sellings of things on the net, please people get a brain. When you end up spending $200 more for something by buying it locally plus tax verses buying it online for $200 less plus tax and shipping you are still going to go with the online purchase. Unless of course your a moron.

I just went through this. I bought a Sony camcorder. To buy it locally it would have been over $700. I got it only for less than $500. Even if the place where I bought it collected tax and even with shipping costs I would have saved a great deal of money.

Most local stores charge suggested retail. Frankly they are the ones I can figure out how they stay in business.

Either way the sellers should have to deal with the tax, they are the ones selling and in business no the consumers.

Maybe the states should consider collecting only half the tax amount for online sales.

Robert
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It won't happen in CA
by spice3d April 17, 2007 9:56 AM PDT
I've been saying this for years. The thing you need to keep in mind is that those Amazon shipments coming into CA are TAXABLE in CA under the use tax laws and they have an army of auditors that enforce it. CA doesn't give a sh*t what the other states want and won't give up that revenue. NY won't do it either.
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Operating under illusions and misinformation
by Dragon Forge April 17, 2007 9:57 AM PDT
Oh boohoo the govt doesn have enough money to operate - yeah RIGHT!!!! ROFL

It is too bad all of you swallow and none of you knows how to keep track of all the things the various levels of government are spending tax dollars on. None of you really has a clue even when brought to the brink for a drink.

Do you for half a second imagine the government is losing out? NO!!! They see an opportunity to exploit the dimbulbs and are making a play for it. If you guys let them, then that just continues to be your hard luck.

Maybe you should kneel while you are swallowing all that malarky they are feeding you.

I guess if it feels good then why bother asking to even see the books or get an explanation - hahahah the ol' u.s. of a. comes out of the closet.
Reply to this comment
DemocRats: We can spend your money better than you
by fafafooey April 17, 2007 10:11 AM PDT
Democrats think you are better off giving them your money to spend - since you will just spend it on dumb stuff.
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Internet taxs
by awgreer April 17, 2007 10:18 AM PDT
With all the different state tax rates it will be a nightmare for the small seller to keep up. If they must tax internet sales, Congress should set a fixed rate the same for all, maybe in the range of 3-5%, and get on with it. The thousands of different sales tax rate in some states go by the city and or county! The fixed rate makes more sense to me.
A
Reply to this comment
WA has bewen taxing this from day one, so what's new?
by M C April 17, 2007 10:52 AM PDT
Washington has always had a "use tax" law (held over from mail-order catalog days) that states one must pay tax on all merchandise received from out-of-state. In addition, all internet and mail-order companies with a physical location in WA must pay (and thus charge) sales tax for WA residents.

SO unless this gets repealed, I say to the rest of the country, welcome to our world.
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I Know Dems Like Taxes, But ...
by Jane in KC April 17, 2007 11:32 AM PDT
If they are stupid enough to push through legislation taxing internet sales of items delivered to addresses in states where the seller has no physical presence, they don't deserve to be in Congress. Democrats would enjoy much greater popularity if they would adopt some goals that help people instead of making life harder for them.
Reply to this comment
What did you expect to happen when you put Democrats in power?
by LuvThatCO2 April 17, 2007 11:48 AM PDT
They'll talk the good talk during the campaign about being 'moderate' or even 'conservative', but the second they get into power all they see is dollar signs. They'll do anything they can to get their grubby hands on your precious, precious tax money, so they can dole it out to their special interest groups.

And I dont want to hear any complaining - this is the 'change' everyone appearently wanted. I hope you enjoy.
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International enforcement?
by dvwilbur April 17, 2007 12:08 PM PDT
So, the US federal government is going to enforce the collection of state sales taxes on items purchased in Canada? Mexico? Interstate and international commerce are not under the control of the states and trying to keep companies informed of the insane and inane sales tax structures for 50 different states is quite ridiculous.
Reply to this comment
It Beats Being Drafted
by marccooper April 17, 2007 12:54 PM PDT
I dont like this tax either, but if we keep electing republicans there will be a draft and they will keep borrowing to pay for the war. Borrowing money and taxing are the same thing. If you believe the republicans have not raised taxes you are crazy. Spending is the real tax. If the government borrows money on the citizens behalfs to blow on a war, the citizens pay for it in the end with higher taxes, worse services, a weaker dollar, higher interest rates, etc. If the government doesnt raise spending but just raises taxes and pays down debt, the opposite effects tend to return the excess tax collected in the end. Taxes are a formality. Try to think in term of spending, what share of taxes you must pay, what services you get in return, and whether the government might eventually get you killed.
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Its called Politics
by Zupek April 17, 2007 2:01 PM PDT
You wont find any politician actually looking our for the true good of the people(MAYBE russ feingold). There has never been a democracy that has looked out for its people, just the illusion that it is....do some research you'll find out how "great" this country ISNT
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