iEntry 10th Anniversary RSS Newsletter Advertising
Visit Twellow.com

Amazon Sues New York State Over Tax Law


Claims it violates constitution

Amazon.com is suing the state of New York for its recently enacted tax law that makes it mandatory for online retailers to collect sales tax on items shipped to the state.

The law states that Internet retailers with affiliates in New York must collect New York sales tax because those affiliates have a physical presence in the state. The new law is estimated to generate $50 million in tax revenue for the state.

In the lawsuit Amazon argues that the new tax law, "Violates the Commerce Clause of the United States Constitution, both facially and as applied to Amazon, because it imposes tax-collection obligations on out-of-state entities such as Amazon who have no substantial nexus with New York."

Amazon argues that its affiliate advertisers act independently of Amazon, and "they alone choose the timing, format, and placement of the Amazon advertisements on their websites," and they do not solicit or generate sales on behalf of Amazon.

The company also says that the tax law violates the equal protection clause of the constitution because it directly targets Amazon. "It was carefully crafted to increase state tax revenues by forcing Amazon to collect sales and use taxes," the suit says and "state officials have described the statute as the 'Amazon Tax.' "

 

News Tags: Legal, ecommerce, New York, Amazon
About the author:
Mike is a staff writer for WebProNews.

58 Comments

thanks for your article.

thanks for your article. Very help me. I will more like visit to webpronews site. :) Fantastic

Whats amazing to me is these

Whats amazing to me is these politicians and individuals that work in government forget that they are supposed to be in a position of public service and all of them feel that they are entitled  to strike it rich on the public.  If you are in a position of public service,  YOU SHOULD WORK FOR A FAIR AND MINIMAL SALARY AND IF TIMES ARE TOUGH, you should be willing to take a cut in your paycheck before any taxes are increased BECAUSE YOU CHOSE TO BE IN A POSITION OF PUBLIC SERVICE.  Doing otherwise isnt exactly looking out in the best interests of the public, now is it?

Texas has the restriction already

Texas has the following guideline for internet sales:

 

3. Do I owe tax on goods purchased via mail-order catalogs or Internet merchandise?

 

 

Yes. A seller who uses catalogs or the Internet to sell goods is treated the same as any other seller of taxable items. If you purchase merchandise through a catalog or the Internet from a seller located in Texas, you owe Texas sales tax on the purchase. If you purchase merchandise through a catalog or the Internet from a seller located outside of Texas and use the taxable item in Texas, then you owe Texas use tax on the purchase. An out-of-state mail-order company or an Internet company may hold a Texas Sales and Use tax permit and collect Texas tax. If the out-of-state seller does not have a Texas permit or does not collect Texas use tax, the use tax is due and payable by the purchaser.

 

www.aznursery.com

hi

Posted this link in www.surfurls.com

Sales Tax

The problem is that the internet has proven problematic for the states. In the pre-internet economy, all of the stores literally sat in the state and were an effective 'chokepoint' to collect the tax. If they didn't, a brick and mortar store is subject to audits and the state's police power.

The problem is that the states have not caught up to the 21st century and are still thinking like their 20th century counterparts. Overall the best solution would be very simple. States should impose a sales tax on cash transactions (which has always been subject to the 'cash no tax' chicanery) and exempt ALL transactions from sales tax using a credit card, imposing the obligation to collect the tax on the credit card companies.

Its the only effective chokepoint that they have. The tax cheats will of course find ways to get PO boxes or addresses in zero sales tax jurisdictions (ie. NH).

Simply put the State of New York is going to find it difficult to get out of state vendors to comply with any sales tax scheme. Of all the states that are out there, NY happens to have a very complex scheme whereby there is a base state sales tax which can be supplemented by a county which in turn can be supplemented by a city. As such tax rates can differ not only by county, but by city within a county (White Plains is an example)

 

States and sales tax. Internet

Fortunatly for ecommerce but unfortunatly for states, the structure of our country and supreme court rulings make it clear that one state does not have any legal jurisdiction in another. Each state has it's own government elected by it's citizens.  No one in any state has a political say in another state.

Because of the sovern nature of our states, one state has no authority to compell citizens or businesses in another state to comply with it's laws. They are simply not within thier jurisdiction.

New York is trying to create a loop hole in order to bypass their borders and the supreme court to grab taxes that their own citizens ARE legally required to pay but don't.

We have a federal government who may do certain things to regulate commerce between states but this does not extend to taxation on behalf of a state. This where a unform tax of some kind may come to pass, which will relieve individual ecommerce sites from trying to untangle a hopeless mess of over 7,000 tax districts across the country.

Because of the issue of state's rights and sovern nature this may never happen and it is likely the courts will over turn the "Amazon Tax" in NY on similar grounds used to over turn other state's attempts to force business outside their borders to collect taxes for them.

Visit http://www.stopamazontax.org

NY State vs Amazon Tax

What state has a 'cash no tax' policy?

In NY, all general sales are subject to sales tax.

The only reason people get away with 'cash no tax' is because, if you pay with cash no one can prove that a sale was ever made.

$50 million for NY - No Way!

The State of New York is in for a surprise - many people may not make a purchase at all if they need to add sales tax to the total price. Additional sales tax will price many out of the market as evidence of the popularity of sales tax holidays. Here in Missouri, many people wait to make a purchase until August when we'll have our tax holiday. Then they stock up. New York won't see the win fall they expect.

Governments greed does not surprise me.

Whenever your average joe schmo gets into a position of power they think there god and can do what ever it is they want. Cops, Politicians, Prosecutors, TV News Reporters, Your Parents, Priest, Teachers and Gang Bangers.

Cops: I have had nothing but bad experience's my whole life and I am no criminal. They will lie, cheat, or steal to get what they want.

Politicians: They all lie and cannot be trusted. The presidency election needs to stop being called a race, the only races I know of are all fixed.

Prosecutors: They are out for blood and slave labor. Every goverment needs some sort of slave to help sustain its economy better. Not many people know this so lets keep the next part as quiet as possible, the goverment makes the laws that creates the criminals. The more criminals and laws you have the more profit your country will make.

TV News Reporters: When will they actually start reporting stories that they write. I'm really tired about hearing  when brittney spears throws a tantrum, thats your local news though. You better off to buy the dam enquirer, atleast its entertaining. Also, The local news stations in Arizona have so much bias towards the democratic candidates its unbelievable.

 

This is part of an article (rant) I am writing for http://www.arperture.com and you can read the rest there.

Don't spam

Why would anyone bother to read this garbage when you cannot even spell simple, common words?  It's writing like this that gives editors headaches.  I'm not even going to mention the mechanics/punctuation.  Your points are ridiculous, and your writing is worse.

Tooo bad this is a comment box..

Its called typos, and yes I do spell check, that time was in a hurry. Spam? wow never known spam to be over 4 paragraphs long.

typos and spam

maybe he , she is a politician or someother government employe? oh no did I typo too.

TAXES

We pay Taxes, Then We Pay Taxes and again We Pay Taxes.

Question: Where does it END?

If The Goverment Keeps adding More Taxes We Won't have anything Left!

I Wonder What The Goverment does with the Tax Money they take from US.

Well Let Me See................... Could it be they give it to Other Countries and or Give themselves Raises.................... Could Be......... What do you think?

Do you think They Help the poor in the USA................. "no".

Should we have the Vote in what they spend our tax money on.................."Yes" !!!! ...................do we....................NO.

Is this Fair................NO!!!!!

Should they do anything about all the price of Fuel.......................YES !!!!!!!!!!!!!!!

Well I could go on and on but would it do any good, We americans are to much of wimps to stand up for our Rights. Only one voice is not going to Keep America Free, It has to be voice from all................!!!!!!

God Bless America

http://www.Supermallsales.com

government stop taxing?

The governmnet has become a class of its own thanks to tax payers. Look how many of their rich kids now run for office because we tax payers have made them millionairs and they now have all the money they need to stay on top. These people have only one agenda and thats to stay wealthy and in power. Its the middleclass thats getting hammered by these so called people for the people. The middlecalss is the only class that can pay for their big paychecks and other corporate expences. When you ask will the government stop taxing? Not until the people take back what was taken from them, their country. Our country wasn't based upon how wealthy you were to get into office or how much money you could extract from your middleclass peoples to fill pockets. In the begining there was principle and honor and respect for any office held in governmnet. Today its an opportunity to make big money and screw the lower classes. And as for the lower classes , they get used by the government to help keep their nice upper class in power too. They give them little tibits like some free services to help families get by with no costs. Or they use them in wars that give them control and honor of their country when in fact they are used to get things the people in power want. So people when you ask when will the governmnet stop taxing us to death. Just think in reality and know thats its when people join togeather and say enough is enough.

re:Governments greed does not surprise me

AMEN!  "Those who want to be in power should not be in power, those that should be in power don't want to be in power" -Douglas Adams

Online Taxes

This is an interesting topic since current law handicaps my flower shop and that of every other LEGITIMATE flower shop that also has a website.

I am in the state of North Carolina, and -- as a "bricks and mortar" flower shop -- I am required by NC law to charge sales tax (currently 7.25%) on ALL orders including those that come in via my website. Most US states have similar rules, even if the final destination for the flowers is in another state or country!

National Floral Marketers (You see their ads on TV, hear them on radio, and find them anytime you search for "Florist In ANY CITY IN THE USA) do not have bricks and mortar shops. Instead, they take the order, add a HEFTY handling charge, deduct a HEFTY commission (these add up to as much as 40% - 50%!) and pass this discounted order on to a bricks and mortar florist that makes and delivers the order.

BUT these Phony Florists do not charge sales tax, and since many of the fees and commissions are "cloaked," the consumer is DUPED into thinking he/she is saving money!

A really great way to EXTINGUISH a once-thriving market segment. 10 years ago, there were 800 flower shops in NC. Today there are 600.

Bill Miller

The Flower Hut

www.flowerhut.com

Amazon Sues New York

 

Washington State is gearing up to do the same thing. The excuse that they came up with was hilarious. (It is Unfair to the brick and mortar merchants who advertise and display products and then lose out to online merchants.)

This state will start it out by having all Washington merchants collect taxes based on the purchaser’s home address (county). After the wrinkles are ironed out they plan on shifting over to out of state commerce for additional revenues.

It will take a company the size of Amazon to survive the bookkeeping and tax collecting burdens. There is no way that I would be able to do it and I would have to cease all internet sales and go completely out of business.

Perhaps taxes wouldn’t seem so bad and pointless if at least a part of it got spent for something worthwhile.

Personally, I consider

Personally, I consider hospitals, roads, bridges, schools, health inspectors, building inspectors, police, firefighters, ambulances, airports, pollution enforcement, abuse shelters, homeless shelters, unemployment services, court system, jails, driver licensing, border patrol, and all the thousands of other tax supported government services that we all take for granted to be "something worthwhile", but that's just me...

re: personally, I consider

Oh I too consider all those services a fundimental part of our country. But ask those people working in those services what their making for a wage and also what their repaying back in taxes to the same government agency that paided them. Those my friend are middleclass jobs that keep the real goverment control freaks in power. People need to stop nit picking and join to geather for the greater of the people. Thats another thing our lovely government has done to its people. Pit one against the other in hopes of keeping the real issues at bay.

Local services = local taxes

"...hospitals, roads, bridges, schools, health inspectors, building inspectors, police, firefighters, ambulances..." Notice a common theme here? Those are local and/or state services, paid for and almost entirely utilized used by the citizens of that state. Tourists and visitors pay sales tax, and that's as it should be, since they are enjoying those state services. But why on Earth should someone in Texas or New Hampshire, who buys from a New York company but will not benefit from New York's roads, schools, police, firefighters, etc. be forced to help pay for any of that? They're already paying taxes to pay for their own state & local services.

None of which are paid for by State Sales Tax

"A fool and his/her money are soon parted."  Sales tax funds very little if any of the programs you list.  Furthermore, if you eliminated the deceit, government waste, interest on debt payments due to financial mismanagement, etc...we could have more money for all these programs and pay a fraction of the taxes we do.  It is just easier for the government and their blind apologists to pass the pain on to businesses.  At least, in this case, Amazon has the resources to defend itself, whereas most victims don't.

Watch out for online taxation

We need to be careful about how online taxes are conducted.  If New York starts taxing non resident affiliates, That means those affiliates are being taxed by more than one state. That means the state that has a governing presence on the affiliate and a state that does not.  (I can't see where that should be considered legal.) 

Can you just imagine, if this is allowed, how it would destroy internet marketing?  The multiple taxation of different governments on one sale would destroy the profit of the sale. Not only that, but, being an affiliate of a company required to collect taxes on your sales for a state that has no governing presence over you.  That's called taxation without representation people.  And  wouldn't you terminate business with that company? I would!

I like the old way. Pay taxes to the state and local governments where your business has a physical residence. Pay taxes to the federal government. It's simple and common sense.

Amazon tax

Only in government can you find the most creative ways to separate us from our money. I am not surprised by this at all. I live in New Jersey. I think the only word in our Governors vocabulary is TAX. I fully support Amazons effort in this matter.

I agree that sales tax

I agree that sales tax should be paid at the point of sale.

But beyond that, It seems that we have the whole tax thing upside down. All tax should be paid to our most local tax/government entity, probably the city or berg in which you live or work.

All "higher" tax entities -- state and federal -- should receive their share of that tax from the entity just below it. For instance, the cities would finance their counties, who would finance their states, and the states would finance the feds. All state and federal taxes should not be paid by invdividuals or companies directly, but through their constituent tax entities. This would contribute toward local democratic control of taxing.

States should not have to go to the feds for money, nor should cities have to go to the state. We have it upside down. Rather, the feds should have to go to the states, and the states should have to go to the counties, who would in turn go to the cities, who would go to the individuals and companies that reside therein. That way there would be no taxation without representation, which is what will happen when the Internet is taxed.

A totalitarian government is characterized by political authority, which is the authority to tax, that exercises absolute and centralized control. Real democracy requires decentralization.

Sales tax in my state is 7%.

Sales tax in my state is 7%. And the tax is due everytime a dollar changes hands. It would be interesting to follow the life of a dollar biil to see how much tax it generates during its useful life.

Just for grins, let's say that the life of a dollar bill is 10 years, and that it changes hands 10 times a day (to keep the math simple). Each day, then that dollar bill would generate 70 cents in tax; times 300 (we'll give it a couple of days off for good measure), and we are up to $252 dollars per year of generated tax. Times 10 years means that that one dollar bill will have generated $2,520 in tax dollars over its useful life. Wow!

Say the math is off and it's only half or a third of that. The point remains.

Internet Taxes

Guys...let the economists figure out what should be taxed and what should not, so that commerce is not unduly affected and enough money is collected to do what we need it to do.  Anybody who thinks they can have any kind of reasonable life without paying taxes for roads, schools, law enforcement, medical oversight and care, etc, etc is just a d**ned fool.  Good economists understand the elasticity of demand with respect to price of different goods and services, and only falter when politicians get into the fray.

I love the internet, because I can shop at a plethora of retailers (even wholesalers) in a short time and not have to drive all over the countryside to waste time and fuel. Sales tax is a small part of the equation.  Freight (shipping) is getting worse and worse for a lot of reasons.  Also, some sellers use the shipping and handling line to make all of their money, like Sears did with the catalog before they lost their minds in the early 90's.

The internet also has allowed prices of a lot of the things I want to fall because so many people can see a lot more information about competitive pricing (like on eBay, Amazon, etc.) and because perceived scarcity is disproved, making some not willing to pay as much, since there are more available than was thought. 

I think New York will have a tough time collecting from out of state sellers, but all states will have to do something as internet sales continue to grow.  The question is obviously beyond most of us, and should be decided by impartial people who truly understand economics.  Fair and equal taxation is what is needed, and if we pay as we spend, rather than as we are paid, we won't have this big tax preparation business and so many tax cheaters and tax incentives (loopholes) that only the rich can exploit. Depends on the execution.

NY Internet tax.

As stated taxation is how a government pays for its self and the services it supplies and is a true and correct statement. However I think the issue in NY is much simpler than grand scheme economics. It is simple greed on the part of goverments looking for new sources of revenue with which to grow themselves and secure their own jobs. Lets face it governmental agencies are made up of people who get a pay check just like we do. However their unique situation allows them to legislate means to increase and secure their economic future and enrichment while the rest of us cannot. The broken part of the system is how taxation is levied in this country and the lack of public accountability and oversite into the process.

Many government officials from the Fed to the small municipality have been actively seeking means to tax and regulate the internet since the mid 90's making NY's new Amazon tax no suprise.

Lack of Accountability...

You're right, governments can find sources of revenue when we cannot. With every government entity, an accountability and oversite "committee" is almost always formed, so there is a method in place to keep them in check. 

However, we all know that these same committees are paid by the same tax buck as the rest...they simply have failed to do their jobs, yet we as citizens (footing the bill) rarely fire them.  In addition, these committees are made up from the members of the offices (usually) who take on the position to give themselves a raise that otherwise would be unavailable.  Two hours a week reading memos equals an additional 32,000 a year.  Good pay for nothing.

I agree with he other reader

I agree with he other reader who posted that allowing states to collect at the end point of the sale will drive most small internet companies out of business. Who can keep up with tax laws of 50 states? No individual. LOL, Do you even know any tax lawyer that do that?

       If you want to tax internet sales it must be to the state of the origin of the sale. Of course either way the small shipping industry will take a nose dive. More jobs and less tax, Or Less jobs and more tax? Lets not forget the shipping carriers pay tax.

       I buy online because I can get exactly what I want without having to drive 50 miles to 10 different stores and still end up with an item that is inferior to what I wanted, Or have to wait for it to be shipped to the store anyway.

Do the Amazon affiliates in

Do the Amazon affiliates in New York make that much money for Amazon?  If not, I could see Amazon just just restricting the affiliate program to every state except New York.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
4 + 3 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.
Featured Headline
Top 10 Subject Line Words That Get Opens
And Other Fun Email Marketing Data
2 comments | 2 hours ago
 
Subscribe to WebProNews


Send me relevant info