Amazon.com vs NY & The Internet Sales Tax
May 8, 2008 – 7:00 pmI heard about this a few days ago and even today I am still shocked of the news of New York Internet Sales Tax or what they like to call it as the “Amazon Tax”.
All I can say is “WOW”, the state government is trying to find more ways to boost its revenue so now they’ve attack the internet. Fortunately, this only applies to the residents of New York. Unfortunately, this applies to the residents of New York. This will also have an effect on online retailers but it seems to particularly attack Amazon.com. The state legislature’s goal is to provide local New York businesses a chance increase its sales. It is understandable, since more and more people have turned to the Internet and online shopping, but the thought remains in my head if New York is concerned with increasing business with local story, why is there so much emphasis placed on the projected $50 million in sales tax income if the Internet Sales Tax is approved, and an estimated $73 million in 2009-2010? Sounds to me, the government is more focused with their own profits rather than local businesses.
Of course, Amazon.com isn’t taking this lying down as they are suing the State Of New York to block the new tax law. And they also have a strong weapon in their arsenal.
Amazon argues the law’s definition of solicitation is “overly broad and vague” and that the law violates the state and U.S. constitutions because it “intentionally targets Amazon.”
It seems as though President Bush signed the “Internet Tax Freedom Act Amendment Acts of 2007″ extending the Freedom Act for another for another 7 years. Hey, he actually did something right! So now that it’s against the law to initiate an internet tax, what does this mean for New York? Do they have the authority to apply a new tax even if it is against the law?
Personally, I don’t see it falling through. I feel that the government may possibly step forward before it becomes standard. But there are a number of questions to be asked. Even though businesses are cheering for the tax to go through, will it truly increase the local business base or will this discourage consumer spending on both ends? If it does increase local consumer sales, will other states follow and implement their own internet sales tax? If the tax does go through, what steps will Amazon.com take to fight against the new law? What is your input?
I want to see how this plays out. If anyone runs into any updates, please update me by commenting or E-Mail me.
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I work with a CPA and consultant that has a lot of background on the subject…Thought I’d weigh in with some ecommerce sales tax expertise.
No doubt, online sellers face a challenge when they have customers all over the country - almost every state has a different definition of who owes what. This is a big one for Amazon on sheer volume of sales, but smaller companies have to be constantly aware of what kind of operations they have going on from state to state, too. Otherwise, they could be racking up sales tax without even knowing it.
Some useful links…an audiocast on the subject here:
http://www.mfa-cpa.com/mfa-news-and-resources/thought-leadership/EcommerceSalesTax.mp3
and a white paper here:
http://www.mfa-cpa.com/mfa-news-and-resources/thought-leadership/ECommerceSalesTax-May08.pdf
Hope it’s helpful!