Amazon makes a deal with Indiana. Who’s next?

January 24, 2012

Indiana has been a member of the Streamlined Sales and Use Tax Agreement (SSUTA) since 2005, so we here at FedTax were surprised when we heard that affiliate nexus legislation (sometimes called “Amazon tax”) was being proposed there (H.B. 1119). Regular readers of this blog know that affiliate nexus laws expand the definition of nexus to include affiliate marketers— locally based websites that provide marketing for out-of-state merchants. Affiliate nexus laws are generally ineffective because, time, and time, and time,  and time again the impacted e-commerce retailers have demonstrated their willingness to sever ties with their in-state affiliates so they can avoid being singled-out as the only remote retailers being required to collect.

We were very pleased when we learned this was not going to happen in Indiana.  Governor Mitch Daniels announced that Amazon has agreed to begin collecting sales tax in Indiana in 2014—or even sooner if Congress enacts guiding legislation, like the Marketplace Fairness Act  (S.1832). In exchange, the Indiana legislature will not advance the proposed affiliate nexus legislation. As an additional benefit, the Indiana-based Simon Property Group (the largest shopping mall owner in the U.S.)  has agreed to suspend its lawsuit against the Indiana Department of Revenue over its failure to require Amazon to collect sales tax despite its three distribution warehouses in the state. Governor Daniels said that Indiana is the 4th state with such a tax collection agreement with Amazon, joining California, Tennessee, and South Carolina.

Now even more states are considering similar legislation. We do not intend to hatch a conspiracy theory, but some could draw the conclusion that these bills are being used as an indirect method of “requesting” that Amazon open distribution centers in their state. We hope Congress will act soon to end all this craziness.


LA Times: “Level the retail playing field”

December 13, 2011
LA Times

LA Times: Level the retail playing field

Yet another major news outlet has spoken out in favor of online sales tax collection. An editorial in the Los Angeles Times says that current sales tax law unfairly favors online retailers over bricks-and-mortar stores.

The LA Times joins many smaller outlets that have already published editorials advocating online sales tax collection. We strongly recommend this particular editorial because it not only gets all the details right—that sales tax is already due on online purchases, that pending legislation includes an exemption for small businesses, and more—but it also poses a thoughtful argument that considers not just the fairness of online sales tax collection but also the political realities surrounding it.

The editorial ends with this concise summary:

Sales taxes are an important part of the revenue mix for governments because, as consumption taxes, they don’t penalize labor, investment or productivity the way other forms of taxation do. And if states decide to impose a sales tax, they should be able to impose it fairly and effectively. The bipartisan online-sales-tax proposals are a way to accomplish those goals. In the process, they would help states close their budget gaps by enforcing existing laws rather than raising tax rates. Most important, they would eliminate the undeserved competitive advantage some online sellers enjoy because shoppers don’t know or don’t care that they’re obliged to pay taxes.


TheStreet.com speaks out against online “sales-tax evasion”

December 8, 2011
TheStreet

TheStreet says when online retailers don't collect sales tax, it's tax evasion

An article on TheStreet calls the lack of online sales tax collection “sales-tax evasion” and says that it’s likely to come to an end soon.

The article uses strong language to compare online retailers that don’t collect sales tax to the “gray-goods stores” of the past:

There used to be a time when sales-tax evasion was a grimy business. It required a sleazy merchant and a greedy customer, conspiring to make the transaction in cash, “tax included” (wink-wink). Once there was a string of electronics stores on Manhattan’s Lower East Side that survived by non-taxed transactions in “gray goods,” in which the state tax authorities (and sometimes customers) were systematically cheated.

Today, of course, nothing has changed.

The merchants are still sleazy, the customers are still greedy — only now, sales-tax evasion is both commonplace and organized. The name for this particular variety of organized crime is known as “Internet retailing.”

As you might expect from that opening, the article doesn’t pull its punches. It makes for a read that’s compelling as well as informative. Witness this paragraph on online retailers’ losing battle against sales tax collection:

If the Internet retailers get socked with a sales tax, they have pretty much themselves to blame. They’ve been outmaneuvered by the brick-and-mortar stores, who have successfully presented this as a David vs. Goliath battle. But in a sense there’s also the historical fact that no business model predicated on cheating the government ever works. Amazon, by supporting the legislation, is simply going along with the march of history.

According to the article, legislation allowing states to require online retailers to collect sales tax is almost certain to pass. And we were thrilled to see this comment on the argument that collecting sales tax online is too complicated or burdensome:

Amazon’s acquiescence, meanwhile, made mush of [Overstock.com CEO Patrick] Byrne’s dubious claim that modern software wasn’t up to the task of doing something as complex as computing the correct sales tax for each customer.

As our regular readers know, we created TaxCloud expressly to make collecting sales tax easy and inexpensive for online retailers. It’s hard to see how anyone could argue that it’s too difficult to collect sales tax when a free service like TaxCloud is available to not only calculate the tax due in real time, but also to file sales tax returns, process exemptions, and handle any audits.

We recommend reading the entire article for an interesting take on the online sales tax collection situation.

The article ends by taking a moral stance on online sales tax with this closing paragraph:

I know, paying taxes is annoying. But even the Internet retailers, their laissez-faire anti-tax arguments notwithstanding, rely upon government services like the Postal Service to get goods to their customers. And if they use private services like FedEx, those package-delivery trucks travel on roads maintained by local taxes. For years, the net has taken advantage of those goodies without collecting a dime, and profiting from the resulting “discount.” It’s high time that free ride came to an end.


Alabama takes next step toward joining Streamlined Sales and Use Tax Agreement

November 30, 2011

According to this Birmingham News article, Alabama is taking the next step toward becoming a member of the Streamlined Sales and Use Tax Agreement:

A group created to streamline Alabama’s sales and use tax reporting system for retailers approved a preliminary report Monday, a step toward crafting legislation for lawmakers to consider next year.

The Alabama Streamlined Sales and Use Tax Commission made two recommendations for simplifying Alabama’s sales tax laws, including reducing the paperwork store owners must complete in order to remit sales tax.

Should next year’s expected legislation pass, it will make life easier for Alabama shopkeepers and help prevent budget cuts to state services:

Ely said the proposed legislation, if it’s approved by lawmakers in their 2012 session, represents a win for both retailers and governments because it would make life easier for retailers while raising revenue for governments without raising taxes.

“These poor folks are not only covered up in red tape, but they’re also covered up with auditors,” Ely said.

Sounds like a win-win to us!


House Judiciary Committee to hold hearing on online sales tax collection

November 30, 2011
House Judiciary Committee

House Judiciary Committee hearing

Tomorrow, November 30, the House Judiciary Committee will hold a hearing on “constitutional limitations on states’ authority to collect sales tax in e-commerce”—in other words, on whether states can or should be able to require online retailers to collect sales tax.

With three online sales tax collection bills before Congress and the holiday retail season heating up, it’s no surprise that Congress is moving to act on the issue.

The witness list includes one small business owner; senior executives from eBay, Overstock.com, and Amazon; Texas State Representative John Otto; and Indiana State Senator Luke Kenley, who is also president of the Streamlined Sales Tax Governing Board.

We’re pleased to see Congress moving ahead on the issue!


Online sales tax collection debated in Wall Street Journal

November 15, 2011
Wall Street Journal

Wall Street Journal: Should states require online retailers to collect sales tax?

The Wall Street Journal has published a debate on online sales tax collection. Taking the pro side is Michael Mazerov, Senior Fellow at the Center on Budget and Policy Priorities in Washington, DC. Taking the con side is Steve DelBianco, Executive Director of NetChoice, a “coalition of e-commerce and online businesses.”

Both sides are clearly and cogently presented, and we highly recommend the article. Of course, as our regular readers know, we’ve long been advocates of the “pro” side. Mazerov does a terrific job of explaining why online sales tax collection is necessary and countering the most common objections to online sales tax collection, while DelBianco’s argument boils down to “it’s too difficult for small businesses.”

But we’ve worked hard to make sure that that’s not true. TaxCloud is designed specifically to remove the cost and complexity of online sales tax collection: It not only provides real-time sales tax calculation, it also handle exemptions and audits—plus, it’s easy to use and completely free.

A quick correction: At the head of the article, the description of the current sales tax situation says that state and local governments are pushing Congress to “require all online retailers to charge sales taxes in all states.” (emphasis added) “Charge” here should be “collect”—as we’ve said many, many times, sales tax is already due on online purchases. The question isn’t whether online retailers should charge (let alone, as some have suggested, pay) sales tax; no matter what, consumers owe sales tax on their online purchases. The question is whether online retailers should be required to collect sales tax. And the answer . . . is “yes.”


The Marketplace Fairness Act (S.1832) is introduced in the U.S. Senate

November 9, 2011
U.S. Senate

S. 1832, the Marketplace Fairness Act, introduced in U.S. Senate

The Marketplace Fairness Act was introduced today in the Senate by five Republicans and five Democrats. You can find the full text of the bill and more on our new informational site, MarketplaceFairness.org. We’ve also issued a press release expressing our support for the bill, which would authorize states to require online retailers to collect sales tax.

This is the third bill on online sales tax to be introduced this year, after the Main Street Fairness Act and the Marketplace Equity Act. The primary difference seems to be that, while the Marketplace Fairness Act, like the others, requires states to simplify their sales tax laws before they can compel out-of-state retailers to collect sales tax, the bill offers states two methods of simplification: states can join the Streamlined Sales and Use Tax Agreement or they can adopt a set of simplification guidelines in the bill.

We fully support the Marketplace Fairness Act, and we look forward to its quick passage into law.


Debunking another online sales tax myth

October 28, 2011

We’ve started seeing a new line of argument against online sales tax collection in many articles and editorials. It goes something like this:

“An online store shouldn’t have to collect sales tax for a state it doesn’t have a physical presence in because it doesn’t benefit from any of the things sales tax pays for, like firefighters and police. If a store is located in California, why should it collect New York sales tax when that sales tax goes to pay for projects and services in New York?”

This argument would make sense if the online store were paying, not collecting, sales tax. But that’s not the case. It’s the store’s customers who are paying sales tax, and they do benefit from the firefighters, police, libraries, and more that sales tax revenue helps pay for.

Online stores pay taxes wherever they’re located to help pay for the services that their offices benefit from. All that has absolutely nothing to do with whether or not they collect sales tax. Collecting sales tax is—or rather should be—simply part of selling online, just as it’s part of selling on Main Street.

To sum up: The sales tax you pay funds projects and services in your community. That’s as it should be. Collecting sales tax? That’s just part of doing business.


Small business owner makes argument for online sales tax collection in NY Times

October 27, 2011
The New York Times: Small Business: "You're the Boss"

New York Times: Occupy Wall Street? Who Will Occupy Main Street?

There’s a terrific new post up on the New York Times‘ “You’re the Boss” blog. Written by Jay Goltz, a small business owner from Chicago, it makes a great argument for online sales tax collection.

We strongly urge you to read the entire post yourself, but we couldn’t help quoting from parts of it:

On browsing in local stores but buying online:

I have a friend who owns a shoe store, and he tells me that people come in all of the time, try on some shoes, spend half an hour with a member of the sales staff, and when they have made a choice they announce that they are going to order the shoes online — as if it is something to boast about. Boasting to your friends is one thing; boasting to someone who has just spent time trying to help you is rude at best. 

On the ultimate consequences of browsing locally but buying online:

What happens if your local retail stores become a showroom for online stores to such an extent that it forces them out of business? Are you perfectly happy not touching and trying out products? It has already happened with the closing of hundreds of Borders book stores. This is not a level playing field — and I say this as someone who has both retail outlets and substantial online sales.

It’s also happened with several Barnes and Noble locations. When one Manhattan location closed last year, the New York Times interviewed several browsers at the store, and most said they liked to visit the store but didn’t buy anything. They preferred to buy online.

On how the loss of sales tax revenues hurts communities:

Zappos does about $1 billion in sales every year. If Chicago represents 2 percent of the company’s business, that would be $20 million in annual sales. That represents about $2 million dollars of sales tax that the city no longer gets — and no longer gets to use to pay for police, firefighters, teachers and street repairs . . . . How much more is being lost on sales by Amazon (which owns Zappos) and all of the other online retailers?

The loss of sales tax, as well as the loss of the real estate and payroll taxes that those closed stores used to pay, is damaging your city and state. This is a zero-sum game. You may think that if a local store can’t compete with Zappos or Amazon, that’s the store’s problem. And you may be right. But why do the rules favor Zappos and Amazon? Not forcing them to collect sales tax has given them an unfair advantage that ultimately will force all of us to pay higher taxes to local governments.

On local stores and the community:

Saving money online can be a pleasure. But these local stores employ your friends and neighbors, spend millions of dollars in your community, and are hardly taking advantage of anyone. . . . Whether it is the local frame shop, furniture store, luggage store, florist, shoe store, bicycle shop, or eyeglass store, many are struggling. If they are doing well, they are not doing that well. Most stores are not ripping people off. They are trying to make a living, give service, support employees and pay taxes — and they are getting challenged by large companies that can buy cheaper but don’t necessarily provide better value.

This is a fantastic post, and we highly recommend that you head over to the New York Times and read the entire thing.


Joan Wagnon, FedTax EVP, quoted in Fox News article

October 27, 2011

Fox News: Republicans Go Big With New Tax Structures, but Status Quo Could Stifle Simplicity

Our own Joan Wagnon, Executive Vice President here at FedTax, was quoted in a Fox News article about Republican presidential candidates’ tax proposals.

It’s not the first article she’s been quoted in, of course—Joan’s background in public service includes positions as the secretary of revenue for the state of Kansas, chair of the Multistate Tax Commission, president of the Streamlined Sales Tax Governing Board, and mayor of Topeka. But we’re always happy to see her expertise in tax matters recognized. We trust her opinion without hesitation, and her analysis in the article is once again spot-on.


UT small business owners urge Congress to pass online sales tax legislation

October 26, 2011
Utah

Utah's small business owners want online sales tax collection

According to an article in the Wall Street Journal, small business owners from Utah traveled to Washington, DC, to “meet with members of Utah’s congressional delegation and Congressman Steve Womack, R-Ark., who introduced states’ rights ‘e-fairness’ legislation last week.” Although the article doesn’t specifically say so, it certainly sounds like the reason for the visit was to persuade Utah’s congressional delegation to support online sales tax legislation.

The article quotes small business owners making some good points about online sales tax collection:

“Small businesses across the state of Utah are struggling,” said Jared Hurst, owner of Rebel Sports, “and the unfair advantage given to online retailers hurts Utah businesses and local communities.” . . .

Betsy Burton, owner of the King’s English Bookshop in Salt Lake City, also supports Womack’s legislation. Her bookstore now draws cutthroat competition from online retailers such as Amazon.com.

“This is a huge economic issue,” said Burton. “Internet sales are getting bigger and bigger and if we can’t compete on this unlevel playing field, it will drive bricks-and-mortar businesses out of business. And we are the backbone of the economy.”

She’s not kidding. For every $1 million in new sales, Amazon creates 0.88 jobs. For the same $1 million in new sales, Best Buy creates 3.47 jobs.

The chair of the Utah Tax Commission, Bruce Johnson, also made a good point, one that we’ve heard many times from local retailers:

“People will go in and shop at a bricks-and-mortar retailer in Utah to get specifics,” Johnson said, “and then go buy the product on the Web to save sales tax.”

An executive at O.co (formerly Overstock.com), which is also based in Utah, repeated his company’s concern that it’s too difficult to collect sales tax for all states.

We know that’s not the case. We know that because we designed TaxCloud specifically to eliminate all the complexity and confusion of online sales tax collection.

We recommend that O.co executives take a look at TaxCloud. It’s comprehensive, easy to use, and FREE.


Pennsylvania adds online sales tax to income tax form

October 23, 2011

According to this article on the Morning Call, next year Pennsylvania’s state income tax forms will include a line for reporting sales tax due on online purchases. In past years, Pennsylvania residents had to use a separate form to calculate and report the sales tax due on their online purchases.

The article describes the reaction of a Pennsylvania resident to the news that she’s responsible for calculating and submitting the sales tax due on her online purchases:

Coplay resident Nereida Troxell said her husband often complains that some Internet sites collect sales tax while others don’t. She had no idea it’s up to the consumer to pay the tax when it’s not collected. Leaning on the customer to track that every time they buy a book or jar of vitamins online so they can pay it at the end of the year doesn’t seem fair, she said.

“That’s messed up,” Troxell said. “No, it doesn’t make sense at all.”

We agree. Doesn’t it make more sense for sales tax to be collected at the point of sale, whether you’re shopping online or in a bricks-and-mortar store?

The article also quotes a small business owner in Pennsylvania on the problems of the current sales tax collection rules:

“Any business on a main street in the country has been fighting [the inequity],” said Dana DeVito, general manager of the Moravian Book Shop. “It absolutely hurts a small business: bricks and mortar and our Internet sales as well.”

The Moravian Book Shop has an online bookstore, but when Pennsylvania residents buy books online, they have to pay a 6 percent sales tax. Residents of other states aren’t charged sales tax because the Moravian Book Shop has no physical presence outside Pennsylvania.

The entire article is well worth reading. It offers a good outline of the current online sales tax situation and how it’s affecting states.


Study says online sales tax collection = more jobs for Speaker Boehner’s Ohio

October 20, 2011

An article in Internet Retailer says that a new University of Cincinnati study found that “retail stores in Ohio would hire 11,000 new employees if a new system requiring sales tax collection by out-of-state online and catalog retailers went into effect.”

We’re not surprised—local stores provide three jobs for every one provided by an online retailer—but we’re glad to see solid figures on just how many jobs would be created if online retailers collected sales tax.

The article includes this quote from Jeff Rexhausen, associate director of research at the University of Cincinnati Economics Center:

“These are very, very significant findings . . . . Given the difficult economic circumstances affecting Ohio’s retail businesses and its state and local governments, finding a way to bring fairness to the online sales tax process would be a huge economic boon to the state.” (emphasis added)

We hope Speaker Boehner (R-OH) and the rest of Ohio’s delegation in Congress are listening. When Congress can create tens of thousands of new jobs and help ensure states have enough revenue for schools, firefighters, and police, all without creating a new tax or raising taxes—why wouldn’t they?


Update on Florida’s push for online sales tax collection

October 17, 2011
Florida

Florida: Striding ahead on online sales tax collection

Florida State Senator Evelyn Lynn (R-7th) and State Representative Michelle Rehwinkel Vasilinda (D-9th) are continuing the fight for online sales tax collection in Florida.

According to this article on WCTV.tv, Vasilinda “has re-filed HB 321—the Streamlined Sales and Use Tax Agreement (SSUTA)—in the Florida Legislature for the upcoming 2012 session” and Senator Lynn re-filed the companion SB 430:

The Representative believes that the passage of her bill would help to resolve projected shortfalls in our state’s budget.

Representative Rehwinkel Vasilinda has also filed House Memorial 323, a resolution that requests the U.S. Congress adopt the Main Street Fairness Act on the national level. Collecting sales tax from Internet purchases has bipartisan support, and Florida State Senator Evelyn Lynn (R-Ormond Beach) has filed a companion bill as well as a Senate Memorial Resolution to Congress on the SSUTA.

In a previous blog post, we pointed to a great Tallahassee Democrat editorial praising Vasilinda. Unfortunately the editorial is now behind a firewall on the newspaper website (a search in the archives for “Pinching the loophole,” the original title of the article, will bring it up if you’re interested enough to pay to read the entire editorial)—but we did quote from it extensively in our post, and you can also read a portion of it on the Stand With Main Street Florida website.

But that’s just one of the posts we’ve written about the huge support for online sales tax collection in Florida. That support comes from business groups, the business-backed think tank Florida TaxWatch, small business owners, and of course, other newspaper editorials.

As our regular readers may recall, we even traveled to Florida in April of this year to attend their Main Street Fairness Day in Tallahassee, where we spoke alongside other Florida businesses in support of the corresponding bills from the Florida legislature’s previous session.

We’re behind Sen. Lynn and Rep. Rehwinkel Vasilinda 100% in their efforts on behalf of Florida. It seems pretty clear that most of Florida’s residents and businesses are behind them, too.


Press round-up on Marketplace Equity Act

October 15, 2011
Press round-up

Press round-up: News on the Marketplace Equity Act

Here’s a round-up of the press coverage on the Marketplace Equity Act, introduced yesterday:

- from Politico, “Online sales tax bill splits community”

- from the National Journal, “House online sales tax bill draws bipartisan support”

- from Internet Retailer, “A new take on web sales tax collection”

- from the Tax Foundation’s Tax Policy blog, “New state online sales tax bill introduced in Congress”

- from Bookselling This Week, “New federal sales tax fairness legislation introduced”


Follow

Get every new post delivered to your Inbox.

Join 402 other followers