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”


Marketplace Equity Act (HR 3179) introduced in House of Representatives

October 14, 2011

HR 3179 introduced in House of Representatives

Today Rep. Steve Womack (R-AR) and Rep. Jackie Speier (D-CA) introduced before Congress the Marketplace Equity Act (HR 3179), a bill that, like the Main Street Fairness Act, authorizes state to require all online retailers, regardless of location, to collect state sales tax.

The introduction of the Marketplace Equity Act is a sign that more and more legislators are becoming aware of the problems inherent in the fact that while bricks-and-mortar retailers have to collect sales tax, online retailers do not. We’re happy to see that Washington DC legislators are listening to state and local legislators—not to mention their constituents—and are working hard to offer possible solutions.

Although the Marketplace Equity Act differs in some details from the Main Street Fairness Act, the two bills have the same goal: to ensure that states can enforce existing sales tax laws in cyberspace by requiring online retailers to collect sales tax. The very fact that two bills with this goal exist emphatically demonstrates how much they are needed.

Communities need sales tax revenue to pay for schools, police, and libraries, and local businesses are at a disadvantage when they try to compete with online retailers that don’t have to collect sales tax. By allowing states to require online retailers to collect sales tax, the Marketplace Equity Act and the Main Street Fairness Act stand to return to states over $23 billion in uncollected sales tax. They will also create a level playing field for local retailers, which create three times as many jobs as online retailers.

We welcome Reps. Womack and Speier and their cosponsors to the fight to ensure that all retailers play by the same rules, and we look forward to working with them.


Growing momentum for local online sales tax movement

October 13, 2011

The local and state efforts toward online sales tax collection is gaining momentum, as is clear from the recent deluge of local articles on the issue. Here’s a selection:

- from the Holland Sentinel (MI), “The case for fairness: A sale is a sale is a sale”:

According to a report released last month by Lansing-based Public Sector Consultants, the sales tax loophole has a significant negative impact on job makers and the state’s economy. The study found that closing the loophole would directly lead to the creation of as many as 1,600 new jobs, would increase investment in Michigan’s economy in the form of sales at brick-and-mortar retail outlets by as much as $126 million per year and would save the state as much as $141.5 million in otherwise lost sales tax revenue from electronic remote sales in 2012 alone.

- from NorthJersey.com, “Internet retailers might lose tax edge”:

In my mind, it comes down to a question of fairness, as stated by John Holub, president of the New Jersey Retail Merchants Association:

“Online-only retailers are costing the State of New Jersey hundreds of millions of dollars in tax revenue and are underselling New Jersey’s small-business owners. It’s time for New Jersey to modernize its tax structure and close this unfair tax loophole.”

- from the Bismarck Tribune, “It’s simply an issue of fairness”:

A customer goes into a local business to check out a product. This person finds a computer, makes an online purchase of that same item and avoids paying the sales tax.

Is that fair to a North Dakota brick-and-mortar business that employs our state’s citizens, invests in the community and helps drive the local economy? I don’t think so.

That’s why we need The Main Street Fairness Act. This legislation will close the loophole that gives online retailers a competitive advantage over the local businesses.

- from Tampa Bay Online, “Solution sought for sales tax ‘loophole’”:

Some shoppers look over a product at local stores and then buy it online in hopes of avoiding the sales tax, Alpine said. Stores end up being treated like a showroom.

“It needs to be an equal playing field,” he said.

“Without a doubt this is an enforcement issue that ultimately can only be fully resolved if the federal government weighs in,” state Rep. John Legg, R-Port Richey, said in an email.


Connecticut is wrong to pursue Amazon for past uncollected sales tax

October 10, 2011
Hartford, CT capitol building

Hartford, CT capitol building

According to an AP article, Connecticut claims that Amazon.com owes the state for past uncollected sales tax:

Connecticut plans to press Amazon for the taxes the state believes it should have collected at least during the month or so when the new law was in effect and Amazon still had affiliations with websites in Connecticut through its Amazon Associates Program. Amazon severed those ties in June. . . .

Connecticut plans to evaluate some other connections Amazon has with people in the state and start building a case that Sullivan predicted will ultimately be decided in court. (emphasis added)

But unless we’re missing something, the dates just don’t add up.

  • Governor Malloy signed the new budget bill on May 8.
  • On June 10, Amazon sent letters to its associates in Connecticut terminating its contracts with them.
  • The so-called Amazon Tax, as part of the state budget, went into effect on July 1.

What are we missing here? Is the month-long overlap that Connecticut claims actually between the date the budget bill was signed and the date Amazon terminated its Connecticut associates program?

Amazon ended its associates program twenty days before the law went into effect. So Amazon did not have associates in the state when the law went into effect, and therefore it doesn’t owe the state for any uncollected sales tax that would have been due under the law.

Connecticut officials are suggesting that they will ultimately end up bringing a lawsuit against Amazon. Unless they have another argument to offer, we question their standing to bring such a claim. There’s just no way that Amazon had in-state associates when the law went into effect.


Tennessee strikes deal with Amazon

October 9, 2011

Tennessee and Amazon have agreed to a deal similar to the one between California and Amazon. This deal requires Amazon to begin collecting sales tax for the state in 2014—unless federal legislation on online sales tax has passed by then—and the company will create 3500 full-time and several thousand seasonal jobs in the state. This Missouri News Horizon article has the details.

The agreement comes after years of back-and-forth between Amazon and the Tennessee government. Former governor Phil Bredesen, who preceded current governor Bill Haslam, made a deal for Amazon to bring several distribution centers to Tennessee, creating 1500 jobs, in exchange for an exemption from collecting state sales tax. There had been strong objection to that deal from local Tennessee retailers and others, and there was some question as to whether Haslam, once elected, would uphold the deal made by Bredesen:

The new agreement is a dramatic shift from the original deal struck by the state with Amazon, in which former Gov. Phil Bredesen and his team evidently agreed to allow Amazon to forego collecting sales taxes in exchange for creating hundreds of jobs with distribution centers in Hamilton and Bradley counties.

Haslam had agreed to honor that original deal, and state officials Thursday insisted the new agreement does not mean the state has gone back on its word. . . .

“I’ve been asked several times over the course of the last couple of months if working on an agreement like this is doing what we said we would do as a state. The answer is yes,” Haslam said. “The scope of the project has changed, with the addition of newly planned facilities here, and that conversation in the Legislature and in states across the country has had an impact.”

The agreement won’t apply if federal legislation is enacted before 2014:

Haslam said the agreement applies unless a national solution, which would bring all states under the same framework on state sales tax collections, comes first. Many people believe Congress should act to make application of sales tax law the same for online and traditional retailers.

Tennessee Governor Bill Haslam has spoken publicly in support of the Main Street Fairness Act in the past, and he mentioned it again during the announcement:

“Of the online retail sales where tax is not being collected Amazon is only about 10 percent of it,” Haslam said, adding that that is why he has called for a national solution. “It’s not just about Amazon.”

Paul Misener, Amazon’s vice president for global public policy, was present at the announcement and also made a statement that included strong support for federal legislation:

The Amazon executive said his company supports efforts to streamline sales tax collections nationally.

“The sales tax issue must be resolved in Congress,” Misener said. “It’s the only way the state of Tennessee will be able to retain all the sales tax revenue that can be collected for the state.

“We are committed to going to Washington with the state’s leaders, both here in Nashville and also in Washington, to obtain that sales tax legislation as soon as possible.”

With all this vocal support for the Main Street Fairness Act from both Amazon and state legislators, there seems to be a general consensus that federal legislation is the best solution for everyone. But in its absence, states will do whatever they can to try to make sure sales tax is collected online as well as in local stores.

We hope Congress is noticing the rapidly increasing support for the Main Street Fairness Act among state legislators. These are the people who work where the rubber meets the road and know exactly what their states and communities need to function properly.

Unfortunately, in this case they are not the ones who have the power to make sure states and communities get what they need. That’s Congress. But members of Congress need to listen to what local and state legislators are telling them and then put their support behind Main Street Fairness Act.


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