New U.S. Sales Tax Regime For Internet Sellers? 295
morganew writes "As reported last week on Slashdot, States are pushing for new sales tax rules that would force Internet sellers to collect taxes for up to 7500 jurisdictions. Legislation has been introduced. The House Judiciary Committee held hearings today; here's CNet news on the bill, and here's a report (PDF link) on what it could mean to internet sellers."
Death of eCommerce (Score:4, Insightful)
Re:Death of eCommerce (Score:2, Insightful)
Death of Small eCommerce Sites (Score:5, Insightful)
This is a loss for Linux, as it is easy to talk these small sites into using unsupported ecommerce software running on Linux. Gearing up for a big nex tax will require a type of support the free software business will not be able to deliver.
It is also interesting to see that the government is talking about big increases in taxes at this point of the business cycle.
Greenspan has been pursuing massively inflationary monetary policy for awhile, there's been a gradual devaluation of the dollar. Just about every part of the market is really geared for a big spurt of inflation...except, of course, wages.
Workers and small businesses should be prepared for some very serious belt tightening in the years to come.
Re:Death of Small eCommerce Sites (Score:2)
Re:Death of Small eCommerce Sites (Score:2)
Actually, services like Yahoo! Store will probably skyrocket in popularity, where, for a monthly hosting fee, all the taxes and CC infrastructure is taken care of. So, even if taxes are forced down our throats, small businesses can eek out of the pain for $60/month.
Re:Death of eCommerce (Score:4, Interesting)
It still beats living in a town that has only Best Buy and a ridiculously overpriced little shop that sells second rate chinese hardware.
Even with tax and shipping I can get that Radeon 9800 almost 100 bucks cheaper online.
Re:Death of eCommerce (Score:2)
Re:Death of eCommerce (Score:2)
It will kill most of the small retailers. Can you imagine collecting tax for 7000 different localities?
Re:Death of eCommerce (Score:5, Insightful)
That's not necessarily true. Not everybody orders online because it's cheaper. Amazon comes to mind. It's much easier to buy gifts for people throuhg Amazon than it is to go to a bunch of stores, find the items, and then giftwrap them.
Businesses are another example. It's problematic to send an employee out to buy office supplies. Delivery is a nice feature.
And, for a third example, there's the whole "if I have it delivered, I can order it from work." aspect of it that most ppl won't admit to.
I agree that the tax will cause problems, may even cause some places to fail. No argument there. But it's an exaggeration to say that it'll kill off eCommerce. If mail-order is still around, then eCommerce is still around.
Re:Death of eCommerce (Score:2)
Re:Death of eCommerce (Score:2)
You think I'm buying virtual gifts?
Re:Death of eCommerce (Score:2)
But once the price advantage of no sales tax goes away, goods that incur a shipping charge will be better bought locally, all things being equal.
More specifically, they'll be bought online and then picked up at the store.
Re:Death of eCommerce (Score:3, Informative)
Re:Death of eCommerce (Score:2)
It is highly ironic that what was one of the fastest growing economies in the world elected Democrated leadership. Did they shoot themeselves in their feet just out of curiousity? Now that they are bleeding and in pain, did they learn their lesson?
International orders? (Score:5, Interesting)
Will this put US online sellers at a disadvantage to, say, Canadian ones for importing? For example an amazon.com [amazon.com] order plus the taxes verses an amazon.ca [amazon.ca] order with shipping and the exchange rate differences?
Re:International orders? (Score:4, Insightful)
If the taxes are "leaving" one state, someones' making up for it somewhere. Either you're in for globalization, or you're not. Creating new taxes just because globalization doesnt fit your model of buisness is rather short-sighted. Same thing happens when countries start adding tarrifs because they cant compete with the imports.
If money is leaving the state (or country), its because something outside is better than whats inside.
Re:International orders? (Score:3, Informative)
what is new is that a bussiness
Re:the states don't like paying their own taxes (Score:2, Informative)
Canadian incomes are, on average, 30% lower. Because of that, many items are priced less in Canada.
Another factor is that direct consumer advertising is illegal in Canada. (US is one of the few countries where it is legal). So the marketing is done only to doctors and gov't beaurocrats, not consumers.
As for cost shifting, Medicare/Medicaid only pay for 50-70% of the actual cost. The other 30-50% is paid for by higher rates for paying (insured) people. There'
Re:International orders? (Score:2)
Unless the goods you are ordering originated in the NAFTA zone (ie. not made in China, Korea, et al), then I have two things to say to you: "duties" and "excise taxes." The money you don't pay at amazon.ca will be collected at the post office.
Re:International orders? (Score:2)
Yo Grark
Canadian Bred with American Butter
Sigh knew it was going to happen.. (Score:2, Interesting)
I like ordering things online because you know your getting what you order(if you go to the right place) and its almost always cheaper, even if you include shipping costs.
This will wreck havoc on all of that though, take away the main advantage of online sellers...
Sigh, net may turn into place to buy specialty items, Best Buy or whatever for non obscure things. I find that kind of depressing really
Re:Sigh knew it was going to happen.. (Score:3, Interesting)
But wouldn't that make things a little more fare? Why should we designate one group to be taxed, and another not? Even the Internet deals in physical things (warehouses, items, shipments, servers, etc), so I don't think the jurisdiction argument holds. After all, what is different from the Internet than mail-order in that regard?
I will miss avoiding taxes by buying online, but, at the end of the day, it was un
Re:Sigh knew it was going to happen.. (Score:2)
Re:Sigh knew it was going to happen.. (Score:2)
**
well, what should be taxed then? the terrorists, because nobody likes them?
and btw, there is resources wasted if you make it artificially more beneficial(by means of taxing) to ship products one at a time vs. shipping a shitload of them(more importantly, you end up making jobs in the courier industry that are only needed becau
Oh for god's sake (Score:3, Insightful)
Legalize and tax drugs, don't tax e-commerce. Are you listening, Dean?
Re:Oh for god's sake (Score:3, Informative)
Re:Oh for god's sake (Score:2)
Self Inflicted harm is mostly victimless, except the victim has only themselves to blame.
Re:Oh for god's sake (Score:2)
Just as alcohol prohibition gave rise to organized crime, "modern" prohibition gave us the Bloods, the Crips, and drive-by shootings. We don't see people gunning down each other in the street ove
Re:Oh for god's sake (Score:2)
Second, adults that can't control themselves are the problem, not drugs. Addiction rates to drugs (including alchohol and tobacco) remain as a constant percentage. The people just decide to get addicted to something else.
And, like prohibition, most of the reason there are crimes associated with drugs are because criminals are the only ones who can sell drugs. You can be damn sure 7-11 won't be accepting stolen ste
Re:Oh for god's sake (Score:2)
Re:Oh for god's sake (Score:2)
What makes you think it would be so difficult to pull this off? Even if there were 50,00
Re:Oh for god's sake (Score:2)
Not that that will help you graduate, or anything, but it will get a point across.
Overtaxing in the modern world (Score:2)
Does anyone make estimates on what portion of our tax money goes to absolute waste, kickbacks, bribes, and war?
In the past, they taxed differently (Score:3, Insightful)
Re:Overtaxing in the modern world (Score:2)
About half of the federal budget goes to Social Security, Medicare, Medicaid and other entitlement programs. Then add on a healthy chunk for interest on the debt.
Re:Overtaxing in the modern world (Score:3, Insightful)
California (Score:2)
Re:California (Score:3, Informative)
For example, Orange Juice gets taxed as a beverage as opposed to fruit. But that doesn't say anything about if food items are exempt or not. In some jurisdictions it just plain depends. For example, oregon has no sales tax, but in southern oregon, there is a fast-food tax.
I know when I lived in LA, LA county and Orange c
Re:California (Score:2)
We have had that in Texas the last few years.
In my opinion, it's a good time to stay out of the stores. You might save a couple bucks, but the irritation of dealing with all those crowds isn't worth the aggravation.
no valid basis for sales tax (Score:5, Insightful)
Re:no valid basis for sales tax (Score:2)
North Carolina would argue that they get the tax because they lost taxes from local business.
I'm not sure which side I'm on here. Each one has it's ups and downs. Tax based on where the custommer lives, and you have a complex system. Tax where the company is, and one state will become the haven for all of these businesses.
States with no taxes . . . (Score:2)
Those states that want to tax such online corporations will either collect the money and lose the company or not tax the company and get money that filters into their economy. As long as there's at least one state willing to bet that the latter is better than the former, the companies will have a reason to move, and if the states want them, they too will have to barter in taxation to keep them.
Kind of a free-market equation for taxati
Re:no valid basis for sales tax (Score:2)
Tax based on where the customer is and you'll have remailing services set up in states with no sales tax. People will get their goods shipped there, pay no tax, and the remailing services will ship products to the consumer. This would only work on big ticket items where the potential sales tax would far outweigh the extra shipping and service fee, but it could effectively foil the system.
Re:no valid basis for sales tax (Score:3, Interesting)
I believe the state of the buyer collects normal sales tax, as I've never had to pay sales tax when buying things from out-of-state.
Re:no valid basis for sales tax (Score:2)
Re:no valid basis for sales tax (Score:2)
But that is why you can get reimbursed for this tax when you leave a country you've been visiting. When I went to England, if we'd had all our receipts in ord
Supremely Bad News for Small Sellers (Score:5, Insightful)
It seems there's some controversy in how this thing would be implemented. The authors wanted stores with annual sales of less than about $5 million to be exempt from the tax, since keeping track of sales tax for fifty different states is incredibly cumbersome. Amazon, however, wants a much lower limit. They're trying to force businesses who take in at least 25 or 50 grand each year to pay sales tax.
I think it would be a real shame if this thing goes through, with taxes kicking in at sales in the tens of thousands of dollars. As Amazon must well know, setting up sales tax collection and payment for 50 states would be an absolute nightmare for small sites.
I mean, what a disaster. You're running a site with $55,000 in sales, and now you've got to administrate collecting and routing sales tax for 50 different states, even though you only take in 1500 orders a year. Think of all the paperwork and hours lost, all for the sake of, say, $60 tax per state.
That explains why sites like Amazon.com would be willing to endorse a proposal that cuts into their profits. It's obviously worth losing a few percentage points on the bottom line, if doing so creates new barriers of entry to tiny upstarts.
Re:Supremely Bad News for Small Sellers (Score:2)
Re:Supremely Bad News for Small Sellers (Score:3, Informative)
In a word: Yes. Taxes suck. Many trees die. Having to do them under 50 sets of state rules would be a nightnmare. I frequently purchase things for a University Organization. At tho
Re:Supremely Bad News for Small Sellers (Score:2)
Small Entrepreneurs (Score:3, Interesting)
Let's see. Small scale businesses would be collecting sales taxes for virtually every jurisdiction in the country, dealing with the choking amounts of spam, fending off people who want to steal the domain or commit other mayhem, paying the self-emplyment tax, and contending with all the other paperwork. Where's the incentive to keep going (much less the time to devote to the actual goods or services)?
We could probably save a bundle by doing away entirely with the Small Business Administration. At this rate, they won't have much to administer.
U.S. Constitution Article I Section Nine (Score:5, Informative)
That about wraps it up.
Re:U.S. Constitution Article I Section Nine (Score:2)
Re:U.S. Constitution Article I Section Nine (Score:2)
Since when have lawmakers started reading and obeying the Constitution?
Re:U.S. Constitution Article I Section Nine (Score:2)
the court said that a third party, the retailer couldn't be expected to be able to collect taxes for 3700 different jurisdictions, from the purchaser, unless the retailer had a physical presence in that jurisdiction and therefore the expertice to collect the tax in that juricdiction. If I have a store i
Instead abolish sales tax for everyone (Score:3, Interesting)
In a globalized economy, taxing e-commerce isn't going to work well. For the sake of fairness, traditional brick-and-mortar retailers shouldn't have to suffer from sales tax either. Time to move to a totally different tax system; I'd propose to tax energy consumption and nothing else (not even income tax); calibrate it so that the total tax burden remains unchanged.
Printable order form (Score:3, Interesting)
So what is to stop internet sellers from simply putting up a printable order form? If you have to snail mail in your order, it is mail ordered and exempt. No different from the situation now, but it takes a little longer. Certainly worth the effort on bigger ticket items.
But how is it that mail order would be exempt and internet sales would not be exempt in the first place? I'd love to know how they are going to just explain away
"No tax or duty shall be laid on articles exported from any state."
"No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another." (Article I, Section 9 of the US Constitution)
I think that speaks for itself, or shall we have the revisionist telling us that 'vessels' meant spaceships, just like 'the people' means the National Guard in the Second Amendment? Maybe some of our fine lawmakers should have taken the time to read our Constitution at it's recent unveiling.
Additionally (Score:2)
Re:Additionally (Score:2)
What will force e-tailers in foreign nations to collect a tax and send it our way?
Customs agents.
How is this Constitutional? (Score:5, Informative)
I asked about this in the previous thread, but got no explanation, so I'll try again... how can such a law be reconciled with what is explicitly specified in the U.S. Constitution?
"No tax or duty shall be laid on articles exported from any state." (Article I, Section 9.5)
That is, after all, exactly what these laws mandate, for merchants to collect a tax on some State's behalf on goods that they are exporting out of the state. How is this legal?
AnotherBlackHat also pointed out another relevant provision:
"No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress." (Article I, Section 10.2)
I am genuinely bewindered as to how proponents of such a law can think it would pass Constitutional muster. If anyone could explain the legal rationale behind such legislation, I'd really appreciate it.
Re:How is this Constitutional? (Score:4, Informative)
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports
They're currently seeking the Consent of Congress.
And beyond that, sadly, the Interstate Commerce Clause can be used by the Feds to trump the states on any issue.
Re:How is this Constitutional? (Score:2)
Here's a good short version article [seidata.com] if you're curious on the history. (it's Libertarian in bent, but gets the facts close enough to right)
Re:How is this Constitutional? (Score:2)
The Interstate Commerce Clause, as currently misinterpreted, trumps anything the States say.
Perhaps so, but it doesn't trump Article I Section 9.
Re:How is this Constitutional? (Score:2)
At this point, I honestly doubt a challenge to such a tax would even make it in front of the Surpreme Court. The only reason would be if SCOTUS suddenly decided that the Feds had finally gone too far in stretchin
Have to say this (Score:2)
go ahead, ruin your own day (Score:2)
Do something about it (Score:2)
If we make enough noise, they will listen.
lemme get this straight: (Score:2)
Read the Bill (Score:3, Informative)
The bill doesn't talk about taxing internet sales, it talks about taxing remote sales. Sales includes mail order, phone order, internet order, any order.
The bill only applies to states that agree on a unified, simplified tax system. The same items will be taxed in every state that agrees.
Let's see. I have a computer. I input the zip code of the person who has placed the order and it tells me the tax. Hasn't anyone reading slashdot heard of computers? They sometimes can be used to do computations for people.
Once a quarter, I fill out at most 50 forms and send 50 checks. A burden? Yes, but not that great. If the system is truly simplified, my computer should be able to fill out the 50 identical forms for me for the 50 different states.
The bill as introduced only applies to those with more that $5,000,000 in "gross remote taxable sales." Note it does not include local sales or sales of non-taxable items.
I don't know about your mom and pop, but mine don't take in more than $5,000,000.
Re:Read the Bill (Score:2)
This somehow makes it better?
The bill only applies to states that agree on a unified, simplified tax system. The same items will be taxed in every state that agrees.
And I would tend to think that if Congress OKs this potentially HUGE source of income, they'll all come to some agreements but quick.
Let's see. I have a computer. I input the zip code of
Re:Read the Bill (Score:2)
This "loophole" has been in existance since the creation of mail order in the US. Moving away from it is the radical shift, not trying to keep it in place.
Fundamentally, I would say a uniform rate across states would be FAR better than the alternative. However, at its heart, I believe this tax would cause more harm than good. And knowing our Congress, the chances of it being implemented so well that it DOESN'T represent a burden on small businesses
ZIP Codes (Score:2)
Re:Read the Bill? Take a look at Amazon's play. (Score:2)
Additionally, if your total Nationwide sales are $5 mill, you are by no means a big business.
That's right, eBay would be like your parent company in the eyes of the government.
Take a look at this story in the Washington Post [washingtonpost.com]
relevant quotes: Amazo
Here's laughing at you all... (Score:4, Funny)
Shout outs to my peeps in Oregon and New Hampshire too! :)
yeah cut the taxes at the right spot! (Score:2)
Oregon Mail Forwarders, Get Ready! :) (Score:2)
No sales tax. Insignificant shipping difference. Savings for consumers. Angry tax people.
Perhaps there will be even "one time
Re:Oregon Mail Forwarders, Get Ready! :) (Score:2)
If the seller has no physical presence in that location, there's no sales tax. This is because it's unreasonable to ask a seller to keep track of 2,000 different local tax rates, file 2,000 different tax forms, etc. But it's reasonable to ask a seller to file tax forms for locations where he's got an office.
This new law is simply an attempt to collect sales tax from out of state companies, because the s
Re:Oregon Mail Forwarders, Get Ready! :) (Score:2)
The states set up something called the "Simplified Sales Tax Project" which is supposed to work out differences between state tax systems (like, is a candybar food or candy?). Once this "simplification" was
Re:Oregon Mail Forwarders, Get Ready! :) (Score:2)
The requirement that a business be physically present in a state before it is obligated to collect and remit sales tax stems from a 1967 Supreme Court ruling. At the time, the Court expressed concern that collecting sales tax on behalf of 45 states and several thousand localities that impose such taxes would be excessively burdensome for remote sellers under the diverse sales tax rules then in effect. The Court wishe
Re:Oregon Mail Forwarders, Get Ready! :) (Score:2)
L
How to do it, if it must be done (Score:2)
If it must be done, then online retailers should be required to register with one state, and that state would collect a tax from the retailer based on a nationwide rate.
Tax revenues should be pooled and aportioned amongst the states based on population. States should then be required to further divide the revenues amo
You can't always figure out the sales tax rate (Score:4, Interesting)
Many of those who do charge sales taxes depend on the zip code to determine how much to charge. I hate having to argue with them every time I buy something.
For example, the Texas sales tax rate at my office is 8.25%. But at home, it is 6.25%. Both are in the same zip code, but my office is in town and I live 20 miles out in the country.
The odd thing is that if Fed Ex drops off my package at the office because they don't have the foggiest idea how to get to the house, the sales tax rate is still 6.25% since the official delivery destination has no local sales tax component.
State sales taxes need to go (Score:2, Interesting)
How does this propose to handle county or city sales taxes? It doesn't.
F'rinstance: in Blount County, TN, purchasers at local stores are subjected to a 6% state sales tax and a 2-3/4% local (county, IIRC) sales tax. Purchases made on the Internet, or via mail order, from outside of the state are not subject to sales tax, either county or state. This bill would subject sai
More states w/ out sales tax (Score:3, Informative)
Why I still won't buy locally. (Score:2)
Perfect time to sell National Sales Tax (Score:2, Interesting)
While cash strapped states might not like the idea, the federal government could impose a federal sales tax on ALL items. I would find this ideal over our current
Ideas (Score:2)
Bad idea (Score:2)
Be very concerned if you are an online retailer, or make your money from ecommerce development if Bush looses in 2004. Most democrats wouldn't hesitate to tax the snot out of us.
This is for B&Ms (Score:2)
While that is a plausible story, I just don't think that is the reason for people shopping on the internet.
If I want a DVD that is available at Circuit City, I'm not going to order it online just because I don't want to pay tax (especially if they're the same price).
But if I find some equipment for $100+ LESS on the internet... well obviously I'm going to buy that.
Increased sales for overseas firms (Score:2)
Re:well someone has to pay for Iraq (Score:2)
welcome to your national debt, enjoy your 25 years of paying it back, iam sure you childrens chlidren will enjoy paying it too
The Sales Tax would not go to the federal budget, and so would not help the federal defict. Haliburton is paid by the federal government, no the state governments. Internet sales tax will do 0 to pay for the defict or rebuilding Iraq. These are (mostly) unrelated issues (they onl
Re:well someone has to pay for Iraq (Score:2)
Re:online and offline tax consistency (Score:2, Insightful)
All small business owners need is something else to burden their time. Where's the hue and cry against all the "evil-non-tax-paying" mail order companies? Internet businesses are simply mail-order companies. The main difference is only the media of the catalog.
This has nothing to do with the internet (Score:2)
Requiring small businesses to compute and file sales taxes with every single state is absurd. Even if they unify the
Re:Please come to Canada (Score:2)
Re:Why is the juridiction where the buyer lives? (Score:2, Insightful)
Of cour
Re:Boo this Man!! (Score:2)
actualy your are supposed to pay the sales/uses taxes for your purchases, the retailer is just pressed into service to collect them, your state could just as easily have the retailer report sales to them and the state could just compare lists and hit you for interess and penalties on what you didn't cliam on your taxes.
NO MORE TAXES (Score:2)
Just pay your fucking taxes
Let me guess you are from California. No?
Re:Sales Tax will not harm eCommerce (Score:2)
Read the posts, dude. Dozens (hundreds? thousands? millions?) of eCommerce sites charge sales tax. It is a fact of life. There is nothing fundamental about the net that precludes the paying of sales tax. If the buyer and the seller are in the same state, sales tax is charged. That's it. No rocket science. No abstract mathematical concepts. No need to invoke spiritual entities or evil demons. This shit has been goin
Re:A way around this tax? (Score:3, Interesting)