Amazon Pushes for Online Sales Tax Standards, Smaller E-Tailers Push Back
December 2, 2011 10:10 AM
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Paul Misener, Amazon's vice president of global policy
Smaller online retailers believe Amazon is using sales tax standards to crush smaller competitors
Amazon asked Congress to set federal standards for states' online sales tax collection in a House Judiciary Committee hearing earlier this week.
Amazon spent a lot of time battling the collection of online sales taxes over the past couple of years. If forced to collect sales tax in a particular state, Amazon would simply pack its bags and move on to another state. This happened in states such as
Amazon got away with avoiding sales tax collection because of a 1992 Supreme Court ruling that excuses Amazon and other remote sellers from having to collect taxes in states that do not have the company's employees or warehouses operating within their borders. However, Amazon said it would comply with sales tax collection of online goods if there was federal regulation instead of different states with different rules.
Now, Amazon is pushing Congress to set standards more than ever. Paul Misener, Amazon's vice president for global public policy, attended a House Judiciary Committee hearing on Wednesday to address the issue of federal standards for collecting state sales taxes online.
Some lawmakers are onboard with Amazon's request, such as Representative John Conyers (D-MI), who sides with brick-and-mortar retailers regarding online retailers' "unfair advantage."
John Otto, an accountant and state representative from Texas, is also onboard with the idea and addressed the concerns of Republican panel members regarding whether the sales tax collection would be viewed as a tax increase.
"This is not a new tax we're collecting," said Otto. "It's a tax we've been unable to collect."
Not everyone is cheering for
Amazon's position on taxes
, though. Smaller online retailers like Overstock.com believe Amazon is jumping onboard the tax wagon now because it's a chance to hurt smaller competitors. Amazon is so huge now that it can handle being taxed while smaller e-tailers like Overstock could largely be affected by such taxes.
But Misener doesn't see it that way. He said the sales tax collection wouldn’t be as burdensome as the smaller e-tailer's think.
"With today's computing and communications technology, widespread collection no longer would be an unconstitutional burden on interstate commerce, and Congress feasibly can authorize the states to require all but the very smallest volume sellers to collect," said Misener.
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RE: Agree with the taxing or not...
12/2/2011 3:38:20 PM
It's a moot point. Fact is that even though they don't collect the tax, YOU are still REQUIRED to pay it. Now most people don't. But that doesn't mean you aren't supposed to be.
States trying to enforce their tax codes is completely understandable and completely justifiable.
RE: Agree with the taxing or not...
12/2/2011 7:15:27 PM
Fit I'm kinda let down that you're taking that stance :(
State sales taxes on online purchases are illegal and unconstitutional. Calling it a "use tax" is just a sales tax with another name. The fact that they don't even bother to enforce this is proof that it's on questionable legal ground.
The Constitution makes it clear. Only Congress has the power to pass tax legislation on out of state goods. I believe in States rights, but this is one thing they do NOT have a right to do.
"A lot of people pay zero for the cellphone ... That's what it's worth." -- Apple Chief Operating Officer Timothy Cook
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