[mobile site, backup mobile]
[SoapBlox Help]
Menu & About Calitics

Make a New Account

Username:

Password:



Forget your username or password?

- About Calitics
- The Rules (Legal Stuff)
- Event Calendar
- Calitics' ActBlue Page
- Calitics RSS Feed
- Additional Advertisers


View All Calitics Tags Or Search with Google:
 
Web Calitics

Wire Services
Advertise Liberally Blue CA Ad Network

Senate Attempts to Follow New York in taxing Online Purchases

by: Brian Leubitz

Thu Feb 18, 2010 at 17:20:28 PM PST


I'll be on KOGO radio with San Diego U-T editor and blogger Chris Reed at 6:35 this evening. You can listen online or catch it on the radio in San Diego at 600 on your AM dial.

The internet, 15 years into its serious commercial life is still something of a wild west. In theory, sales tax (or its counterpart the use tax) is supposed to be paid on all purchases.  In practice, it's only paid where the stores collect it.  While the state has begun making a push for Californians to pay use tax on products that they buy from online stores, few  people  actually do so.  I'll admit that keeping track of my online purchases is a pain in the butt. I just end up guessing and paying on that guess. But, I'm just guessing here, but I bet I'm in a pretty small minority here.

New York has gone the additional step of requiring Amazon and other online companies collect and pay that tax.  Amazon, and fellow online retailers, aren't so enthused. From Amazon's website:

Effective June 1, 2008, Amazon.com LLC will begin collecting sales tax on items shipped to destinations within the State of New York as New York has enacted a new law requiring out-of-state sellers to collect and remit sales tax based on advertising. Amazon has filed a lawsuit challenging the constitutionality of this provision. However, as required by the law, we must still begin collecting New York sales tax beginning on that date.

Please note that if you place an order prior to June 1, 2008, your Order Total may not include an estimate of New York sales taxes, but those taxes may still be charged if your order is readied for shipment on or after that date.

But what does Amazon have against this practice? Is it too challenging for them to do the work of collecting taxes? Not really, at this point, payment processing systems can be programmed fairly easy to collect and submit sales taxes.  

No, at this point, it is completely about the online stores' efforts to undermine local businesses.  They believe that their purchases should not be subject to taxes, while if you go down to the local bookstore, you have to pay up.

Perhaps the idea made sense when the Internet was a struggling venture.  Amazon.com is now the world's largest book retailer.  More music is sold online than off.  The internet does not need any more boost through accounting trickery.  These stores should be collecting taxes.

While the loss to the states is relevant here to the budget, of equal, if not greater, concern is the loss to local companies. They have to collect the taxes, and then are left with seemingly higher taxes. It's about time that we level the playing field. Let internet and brick and mortar retailers at least compete on a level playing field. Local businesses already contribute more to the local economy in jobs and recirculating money, why would we tie an arm behind their backs?

Meanwhile, Arnold Schwarzenegger continues to oppose small businesses right here in California, and says he plans to veto the measure if it gets to his desk.

Brian Leubitz :: Senate Attempts to Follow New York in taxing Online Purchases
Tags: , , , , (All Tags)
Print Friendly View Send As Email

What's the downside for on-line retailers? (0.00 / 0)
It's not like the on-line retailer is paying the tax.  There really is no reason for Der Gropenfuehrer to plan a veto, and it's not as if local business,any-town California couldn't use a break.  
Let's hope that this reasonable and timely revenue generating measure gets support from both sides of the Leg., and both parties.  (fingers crossed)

Not the point (5.00 / 1)
The problem here is that there is a long history of preventing state governments from reaching into other states.  New York's enactment of this law means that it can reach Amazon, which is located in Washington State.  California already reaches across state lines.  An example follows.

I have purchased a number of sets of DVD's of PBS programs from Amazon.  As an example, let me use "Rumpole of the Bailey", a Thames Television (UK) production, which was then shown on PBS here in the States.

If I wanted to sell those DVD's at a garage sale or in some other manner, I would run afoul of California law.  California law requires that all CD's, DVD's, and the like have on the packaging the name and address of the manufacturer.  The "Rumpole" DVD's contain no such information on the packaging.  If I were to offer them for sale, I would subject myself to felony prosecution.

It is, of course, the arrogance of California's Legislature (and their heavy contributions from Hollywood) that this legislation is referred to as "anti-piracy".

Not only can I not sell my own personal set of DVD's, no store in California can legally sell these DVD's new because they do not have printed on them the required information.

It is just like California to believe that this state should be permitted to dictate what goods should look like when sold in the other 49 states.

This violates the Commerce Clause of the U. S. Constitution, incidentally.  It is arrogant and unconstitutional.  It is also too expensive to challenge for any one individual.


Pull-eze! The Fed's are gonna raid your garage sale? (5.00 / 2)
Your inter-state commerce argument is laughable on it's face. I fail to see how this affects anything other than California sales tax. It's not like California would dictate the taxation of a purchase in any other state. However, if you believe that any attempt to increase desparately needed revenues, and provide an opportunity to level a playing field for in-California brick and mortar businesses - have at it.

Double Pull-eze on you... LOL (2.00 / 1)
"However, if you believe that any attempt to increase desparately needed revenues, and provide an opportunity to level a playing field for in-California brick and mortar businesses - have at it."

It is the taxation of purchase in another state Amazon's H is in Nevada, CA has no jurisdiction.

And considering all here wish to raise property taxes on said brick and mortar businesses the bleeding heart rhetoric is disingenuous.

And as a CA brick and mortar business owner your desperation to take my money and redistribute it to ne'er-do-wells and union workers is duly noted.  This economic progressive thought is only slightly less a mental sickness than social conservatism.  Usurping others freedoms is the only goal...

Hi. I'm Charles.  I worked my way from homelessness to a business owner.  Be what you have it in you to be!


[ Parent ]
Since the Supreme (0.00 / 0)
Since the Supreme Court said that sales tax across state lines is an interstate tariff is illegal and that California's FTB says It's voluntary, then I volunteer nothing, Considering what the Governator has done to the state, instead of closing some loopholes in the tax laws here that can be closed(the legislature is finally looking at doing just that, But only on a small scale of about $1 billion or so) and what the former CEO of ebay is running for Governator now? Just what We need, another Schwarzenegger, Only worse as She's allied to the far right I think, 10% layoffs(that's just the opening salvo), The state's in bad shape now, Our economy will collapse with Her onboard, No more repubs, they like the rich and want the rich corporations to help and they won't as then they'd have to put out real money on It and there's no profit there, Meg would probably like to make all the Freeways into Toll Roads, No money for the toll? No problem, You just can't go buy food without a freeway out here cheaply, as the cost to drive to the nearest city will go up as the side roads are in bad shape already(lots of cracks and pot holes, the county came out recently and patched a few dozen and then left), the side roads aren't even a direct straight line as some will end at other roads and one has to know which direction to drive out here as there are no gas stations away from the freeway unless one is on a military base and most don't have access to their stations(Me included), But then I know the back way into Barstow CA from where I live and I'd just avoid any toll Meg imposed.

[ Parent ]
I just end up guessing and paying on that guess. (0.00 / 0)
ROFLMFAO


Sales Tax (0.00 / 0)
When Oracle and other software companies sell downloadable software in California (several billion per year), the sales tax is waived.  It has been that way for decades.  Why is that exemption still in the books? ( I know, the Oracle lobbyists... but really! )

[ Parent ]
<i>Actualmente</i> (0.00 / 0)
My response was a response to your soi disant cy pres bona fides.

If you were in earnest, that's worse.

/pretend polyglot, if one is a Catholic, California law school grad, faking about eight languages is easy


[ Parent ]
While everybody is searching for revenue streams since... (0.00 / 0)
 Property taxes have dried up, how about I just not purchase anything at all? I need to buy the full version of Windows 7 or go through the process of re-installing Vista and then the upgrade to W7 (workaround are available though - :) )

Any who, the point is, why bother to buy it from brick and mortar or online if I'm going to get taxed for it? Why not go across the board and adopt VAT like they have in Europe?

I avoid sales tax especially on larger ticket items so I can have some wiggle room.

I often buy online from New Egg but since they are based here, I get charged sales tax, so I constantly search the net looking for deals out of state, saving $10-20-30 usually if not more.

Like I said just go all the way instead of just online purchases and B&M.


[ Parent ]
Calitics in the Media
Archives & Bookings
The Calitics Radio Show
Calitics Premium Ads


Support Calitics:

Get discounted bestsellers at Barnes & Noble.com!

Advertisers


-->
California Friends
Shared Communities
Resources
California News
Progressive Organizations
The Big BlogRoll

Referrals
Technorati
Google Blogsearch

Daily Email Summary


Powered by: SoapBlox