05/02/2008, 12:45am, EDT
Friday, May 2ndAmazon sues NY state over tax collections
Amazon has filed for legal action against the State of New York because of a bill that recently passed, requiring online resellers to collect sales tax to New York residents. The New York Times writes that the online commerce giant is suing not out of desire to see taxes abolished from goods bought over the internet, rather that it does not wish to be held liable for collecting taxes, the company feels is the job of state officials.
The dispute stems from the State's definition of a commercial presence, which includes any web site based in another state earning referral fees. Since Amazon has thousands upon thousands of affiliates, with many of them coming from New York itself, the State sees fit that Amazon should do its part.
Amazon feels that the statement is "overly broad and vague", and that it is impossible for the company to determine precisely which of its referrers live in New York, due to the mostly anonymous nature of the internet. In addition, it feels the commissions it collects are just another way of paying for advertising.
Filed under: industry
Other story tags: Amazon, New York, legal, tax
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Doofuses.
No, Amazon is correct in their lawsuit. Someone has to stand up to these bloated bureaucracies. Enough is enough.
And if you feel you are not paying enough in taxes, then you should feel free to write a check to your local municipality or state. I am sure they will gladly accept your donation. Jeez...
Buy your stuff from Amazon now - TODAY - before NY state gets its filthy hooks on MORE of our money.
So, what happens is the local stores have a much harder time competing with internet operations because there is no way they can afford to pay that difference. The solution is to have the sellers collect tax based on the state in which the item is shipped to. It only seems logical.
I had a friend who got audited, and they went after him for not paying the use tax on items where sales tax wasn't included. This is in Ohio.
Most states that have use taxes won't make you pay it if you've paid sales tax to another state, though technically if the tax you paid was less than your state's tax you have to pay the difference.
So you really can't claim that you don't have to pay sales tax on out of state purchases any more. If you have a use tax (=sales tax) and you don't pay it and they find out, you're in big trouble.
My friend had to pay interest and penalties, and they went back several years after that. It was the only problem he had with his forms.
Needless to say, I pay my use taxes. As does my friend.
Here is what is killing small business in Michigan. From my local congressman:
MBT = Michigan Business Tax
I talked to a small business owner the other day. He has 5 employees. Unfortunately for him, two of his employees are his married daughters. They are part of the family business. The MBT includes a clause for what is called "attribution". Anyone who works for the business who is part of the family is attributed as the same person for total personal income purposes.
So, this poor guy, who paid $10,000 in Single Tax liability last year, has to pay $55,000 this year. Why? Because his personal income from the business, combined with his daughters' personal incomes, amounts to more than $180,000! End
And you clowns want even more TAXES! When will it end!? It is time for government to do like the rest of us and CUT BACK and quit spending OUR MONEY like drunken sailors on liberty!
There's also the strong sense people have that way too much of revenue collected on taxes are wasted. I loved it when the city spent a month repaving the street and installing new sidewalks outside my business, only to return a few months later to dig it al up and install new sewer lines! What efficiency! That is but one minor example of city & state government waste.
When I do buy from a local business, I try my best to get it from a small locally owned business instead of some crap national chain. It came as no surprise to me that those clueless dorks known as CompUSA went out of business...
I just spent $$$$ on a Pioneer Elite plasma TV. I bought it from a local mom & pop home entertainment shop. It paid off in service. The unit had a problem with the tuner, and they exchanged it for a new one without hesitation. Buying that off the internet and having to exchange it would have been a major pain. In this case the tax was an insurance policy in case something was wrong with the unit.
Here is what is killing small business in Michigan. From my local congressman:
Did it ever occur to you why the taxes on businesses are rising? Its because items such as sales taxes are decreasing, due mostly to internet sales. Thus, gov't, in its effort to keep the tax revenue stream stable, has to increase taxes on what it can, which tends to either be local businesses or local households.
The effect is spiralling, as more taxes makes businesses less profitable and thus driving some out of business, which drives people to use more on-line sales to cover the gap, which causes taxes to rise.
Oh, and I love people who always complain about gov't waste. But are you doing anything about it? Are you active in your local politics? Maybe you should run for Mayor on a reduce taxes/waste platform.