California Assembly Bill 2078, introduced in February, was originally drafted to require out-of-state sellers to file reports with the California Board of Equalization detailing all purchases made by California Residents – similar to the recent Colorado Law. It also required the collection of sales tax by any retailer “having any representative, agent, salesperson, canvasser, independent contractor, or solicitor operating in this state.” This was likely worded to have a similar effect as several states’ so-called “Amazon Tax” laws (a.k.a. “Affiliate Nexus” or “Complex Nexus“).
Well, AB 2078 was quietly amended last week. Now it simply says that any retailer not required to collect sales or use tax provide notification on its web site or catalog that purchases in California “are not exempt from sales or use tax, which are required to be reported and paid by the purchaser”. Certainly a much less controversial mandate.