Tue Jun 30, 2009 1:42PM EDT
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Amazon's squabble with state governments which want to collect sales taxes from its shoppers continues, and now it's really heating up.
The trouble began in 2008, when New York passed a law requiring Amazon (and other retailers) to collect sales taxes if they had "affiliates" in the state. Amazon's affiliate program lets Internet users who operate their own websites sell merchandise via Amazon and get paid a commission for it. New York claimed that having these local affiliates meant Amazon was operating a physical "nexus" in that state, thus subjecting any sales there to New York state sales tax. Amazon sued the state, and lost. In defeat, the company now collects the tax on all New York sales, likely much to the chagrin of New York residents.
Overstock, another company with a large affiliate program, didn't play ball, however. Instead it simply fired its New York affiliates and refused to pay the tax.
But now, other states, encouraged by the precedent, are trying to get in on what looks like free money, enacting similar laws mandating the collection of sales taxes when affiliates are located in the state. Specifically, North Carolina and Rhode Island are both on the verge of passing similar laws as part of their 2009 budgets.
This time Amazon's following in Overstock's footsteps, and in the last few days has informed affiliates in both NC and RI that they will no longer be allowed to partner with Amazon on e-commerce sales.
As this issue heats up, a monumental turf battle appears to be underway. States are almost unilaterally in deficit territory and are looking to scrape up every last penny they can. E-commerce companies, which have enjoyed the advantage of not having to collect sales taxes from most buyers, and have used that to their marketing advantage for years, don't want what little selling power they have taken away. And naturally, consumers don't want to be bled for another 8.5 percent or so on everything they buy, either.
Who will blink first? As much as I'd personally like Amazon to prevail, it's hard to see the states backing down on this one: The possibility of collecting millions more in sales taxes far outweighs any anger a few thousand affiliates, potentially stripped of a good chunk of their livelihood, might express.
Meanwhile, attempts to create nationwide ability for states to collect sales taxes for online purchases keep rumbling along, with the key bill involved still making its way through Senate committees. Its prospects currently seem questionable, but in this economic climate, you never know.
UPDATE: Hawaii affiliates also got axed today.
Join in the discussion. Here you'll see the comments in the order they were posted.
It won't end until the economy picks up. Unfortunately, these acts just add to the problem. We've got the fed trying to reduce taxes and throwing out money to stimulate the economy, while the states are raising taxes, coming up with new taxes, and laying off public servants just to attempt to stay out of the red.
IF that bill gets passed, that will be the end of the careers whoever passed that bill in Congress. Hopefully Obama will veto the bill immediately if it passes. Every company I work with will be using the same scorched earth policy as Amazon. If the state requires the collection of sales tax through the internet, then no more sales will be allowed to that state - no matter the cost to the business. In the end, every state that enacts a law like that will find themselves suddenly isolated from being able to do internet sales, and those people that rely upon the internet for their livelyhoods will find their jobs in danger - unemployment will suddenly skyrocket in those states, and their revenues will dip toward zero. Greed will get then nowhere.
obama veto a bill involving increased taxation?? . . . not a chance . . .
then again . . . if i was running a state . . . i would make it "affiliate friendly" . . . i'd woo amazon, overstock, et al to my state with the assurance that no sales taxes will need to be collected for internet orders . . . businesses would be come to my state in droves . . . the increased employment would result in an increases in local sales and income tax revenue, etc . . .
rogueist, I always scan for your posts. :-) The States are like a bunch of cash addicts. They spend like crazy during the good times, and cry poverty when the economy slumps. Organizations that research this stuff, basically say the states are out of control, and don't have a clue. Look at the taxes we pay on cell phones, land lines, gas, all kinds of purchases, and you can't use your hard earned money without being taxed. Where's all the revenue from lotteries, casinos and other "non traditional" sources going? The Federal and state governments are like big cash sucking hoses that rarely benefit the tax payers.
......and so the dog chases its tail once more. Less jobs more lay offs...less pay more taxes. Meanwhile the fleas (crime and violence) increase in this sort of environment.
I personally think that websites such as Amazon should be taxed... just disproportionately (say, half?) compared to brick-and-mortar stores. It does seem a bit unfair that online shopping sites don't have to pay sales tax, while physical stores do. We don't want to squeeze out the competition, just level the playing field a little. I think that compromise, though still hugely controversial, has a better chance of making it through, for everyone's benefit..
i concur with the second @magpagbst post... :D
Firing afiliates is the right thing to do in this situation. States should know better then constantly raising taxes and finding new ways to tax and spend. The states should be reducing taxes and not sqeezing people even more durring hard times. A good state manager focuses on using money wisely, not spending every incoming penny in good times, but building up plenty of reserves to survive the bad ones. Stop the tax and spend cycle now, or get shot out of revenue.
1 Posted by rossignoldavid@rogers.com on Tue Jun 30, 2009 2:23PM EDT Report Abuse
This is downright bad business for all parties involved; minus the government of course. Why would a potential buyer purchase online now they are being taxed? really the only reason to purchase online to begin with is the savings. or not being able to find it local. With that gone, why bother, may just as well drive down the road and pick up what I need and pay the extra dollar; at least that way if it breaks I can bring it back. The government is taking away any benefit these people have in selling online; especially when now we have to pay shipping, possibly duty if outside the country and now Taxes. Where does it end?