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The Almighty Buck Government The Internet Politics

California Balks At Internet Sales Tax 268

bob_calder writes "California has walked away from $2 billion a year in revenue by declining to get on board with a group working to standardize tax rates so a national tax on Internet sales could eventually be implemented by Congress. Supporters of the tax think they still have a chance in New York, Texas, and Florida. At the moment the largest states pursuing the Streamlined Sales Tax Initiative are New Jersey, Michigan, Indiana, and Ohio. California didn't want to give up its autonomy in setting taxes to a coalition of smaller states."
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California Balks At Internet Sales Tax

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  • by Mc_Anthony ( 181237 ) * on Monday February 12, 2007 @08:08PM (#17990478)
    I searched around and wasn't able to come up with the name of the group pushing for this Internet tax. Does anyone have more information on them? What are their politics? Who is funding them?
    • Originally it was brick and mortar retailers, but many of them now have ecommerce sites.
      • I always wondered this about the US. If you don't pay sales tax on out-of-state items, isn't this like a subsidy for shipping companies? One of the costs of buying products online is shipping. If you're not paying sales tax, that saving goes into paying for shipping. I think there should be a US wide sales tax standard for cross-state purchases.
        • Re: (Score:3, Informative)

          by maxume ( 22995 )
          Look up 'use' tax. Most states charge it, it is a tax on goods purchased in other states; in my state, it isn't owed on goods that have already had sales tax charged on them. It's on the honor system, so people don't worry 'bout it much, I imagine the state pays more attention to rich folks. For a lot of people, because the law is written with people not keeping track in mind(there is an option to itemize small purchases or pay a standard amount), it amounts to cheating for about $20-30.
        • by Maxo-Texas ( 864189 ) on Monday February 12, 2007 @09:23PM (#17991314)
          The problem is that sales taxes are spent in the state, not at the point of sale. Sales tax cover costs for roads and other services to brick and mortar establishments. All they are on the internet is mostly a money grab. In a lot of cases, the products being sold are not even delivered from the state where the sale was registered.

          The second problem is that if states 1 to 47 have sales tax and 1-3 do not, then a lot of business is going to gravitate to those last three states.

          Of course, if they tax them to be the same as brick and mortar, then folks will just shift back away from the internet.
          • Re: (Score:3, Informative)

            by alshithead ( 981606 ) *
            I think almost if not all states require all companies who have a presence in that state are required to collect sales taxes for purchases from within that state. If a company has a retail outlet, warehouse, office, etc. they must collect and distribute that state's sales tax even if the sale is conducted over the phone or internet.
    • by i2amsam ( 700299 ) on Monday February 12, 2007 @09:18PM (#17991256)


      Something I actually know about!

      My Dad is working on Streamlined Sales Tax Committee
      It's an initiative that's being run by the states, but
      the big push is from big online realators like Amazon and
      E-bay because they don't want to face 50 sets of rules of
      tax for all of the 50 states.

      The current system is stupid on the face of it, since now
      most states only tax commerce for corperations which have
      a actual physical presence in that state, it encourages
      companies to not setup any investment in states where they
      do a high volume of sales.

      It's been going on for *years* and I don't know that they're
      making much progress, too many cooks.

      • The current system is stupid on the face of it, since now most states only tax commerce for corperations which have a actual physical presence in that state, it encourages companies to not setup any investment in states where they do a high volume of sales.

        Are you saying it is stupid that online stores don't have to collect sales tax? If so why should they have to to collect and pay state's sales tax? As far as I'm concerned there sholdn't be any sales tax on online purchases. If what is purchased is

        • Re: (Score:3, Insightful)

          by i2amsam ( 700299 )

          What I'm saying is that the states are activly discouraging investment from companies, because that might force those companies' customer's to pay state sales tax. (E.g. there was talk back when Amazon never charged any sales tax except CA that if they built a new data center in state X, that residents of X would have to start paying tax on their Amazon purchases, which discouraged Amazon from brining that investment in)
          1) All tax is a money grab by the states
          2) Everyone wants lower taxes, but the curre

      • Re: (Score:2, Interesting)

        by fkicker ( 820308 )
        The big push is from brick-and-mortar retailers who want to "level" the sales-tax playing field. The Direct Marketing Association (DMA) which represents e-commerce and catalog retailers opposes the initiative. Amazon is carefully neutral [bookweb.org].

        The current proposal is a huge burden on small businesses. The biggest problems with the current proposal are:

        Each participating state wants me to remit the collected sales tax to them separately. Why can't I send in one payment to my state and then they can make

  • It's called Use Tax (Score:3, Informative)

    by Anonymous Coward on Monday February 12, 2007 @08:11PM (#17990512)
    California already taxes internet purchases via a Use Tax law which is imposed on all goods purchased and then brought into the state by residents. You have to calculate the tax yourself when you file your state income tax return.
    • by AuMatar ( 183847 ) on Monday February 12, 2007 @08:22PM (#17990650)
      And amazingly, 99.99999% of Californians don't buy anything off the internet, as shown by their use taxes. Its an amazingly offline state.
      • Re: (Score:2, Funny)

        by etnu ( 957152 )
        As a California resident for nearly 2 years, I'm proud to say that I never use the internet, ever.
    • by walt-sjc ( 145127 ) on Monday February 12, 2007 @09:14PM (#17991196)
      Most states have this, but compliance is pretty low, and nearly impossible to audit. While they could force you to give them copies of your credit card receipts, they would have to prove that you purchased items for yourself and not as a gift to Aunt Millie in Alaska, or something that you used on a trip in the state your purchased the item in...

      I think the biggest challenge to a standardized nation wide sales tax is states with ZERO sales tax. So what are you going to do in these anti-tax states? Force them to implement a tax? Is it going to be a compromise mid-level, or is it going to be on the high-end like California?

      I looked at my own internet purchases last year, and a number were from companies that already collect local sales tax since they have a business presence in my state, and the tax on everything else is a few hundred dollars at best. My state requires that I itemize everything for the use tax collection, which is just nuts. I put down zero as I have done every year for the past 25 years.
    • Re: (Score:3, Insightful)

      by Doppler00 ( 534739 )
      I think it's called a use tax because I believe it's technically illegal for a state to impose an interstate tariff (tax) on goods purchased from another state. Anyone confirm this? Something I was remembering from the federalist papers. I mean, it makes sense. Why wouldn't they just call it a interstate import tax? "Use tax" is a ridiculous name and is obviously weasel wording around something.
  • by andres32a ( 448314 ) on Monday February 12, 2007 @08:11PM (#17990520) Homepage
    "The debate over the taxation of the Internet isn't about feeding the already well-lined coffers of government. It's about the fundamentally American idea that there should be no taxation without representation.

    "While there is no evidence that Main Street firms have lost business due to tax differentials, that is beside the point. The answer to these concerns should not be to raise taxes on the Internet, but to lower taxes on Main Street businesses."


    Colorado Governor Bill Owens
    In a letter to Congress urging the extension of the Internet tax moratorium, and opposing his fellow governors' plea for Congressional approval to force collection of sales and use taxes from remote businesses.
    August 20, 2001
    • by Fry-kun ( 619632 )
      And while we're at it, let's also overhaul the tax system [wikipedia.org].
      The only ones losing out on that would be companies that work on tax returns (like H&R Block)

      sigh.. i really really wish... :(
      • by Ungrounded Lightning ( 62228 ) on Monday February 12, 2007 @08:58PM (#17991030) Journal
        And while we're at it, let's also overhaul the tax system [linking to the "fair tax" {a national sales tax proposal} wikipedia page].

        Federal sales taxes have a number of problems.

        The biggest, IMHO, is that switching to them ends up taxing people's savings - especially retirement savings - twice. It was taxed once, at various rates, while it was was being squirreled away. Then it gets taxed again, at confiscatory rates, when it is spent.

        Right now is especially nasty, since you've got the entire baby boom just reaching retirement age. They've already been massively soaked by the Social Security pyramid scheme to give bread and circuses to previous generations - amid constant predictions that it would collapse when THEY retired. So they had to build their own retirement nest-eggs on top of it, while paying the ever-climbing interest on the national debt (which first became intractable when their parents ran the Vietnam War on credit, back when the bulk of the boomers were opposing it). Now, as they're about to retire and have to live on what little they were able to save: And people talk about "replacing" the income tax (which they already paid on much of that money) with a similar percentage of sales tax.

        That's one big voting block that will oppose such a measure until they die - by which time additional generations will be in a similar situation.

        Next: Like all taxes, once imposed it will never go away and will always go up. Sales taxes, being largely hidden, make it much easier for the government to jack the rates. (See the "value added tax" debacle on the other side of the Atlantic pond for details.)

        And: Sales taxes zap the lower income earners harder than the upper (since the lower-income people are working hand-to-mouth and need to spend pretty much all of it, while the upper can avoid spending much of it - investing it to make more, moving it to places and situations where the tax can be avoided before spending it, etc.). This scheme attempts to avoid the effect by "rebating" a certain amount of tax to each individual - approximating a flat-tax plus dole scheme. What a massive opportunity for cheating (by creating multiple fake identities to get multiple "rebates".) What a massive excuse for the government to impose a national ID / registration / citizen tracking system.

        I could go on...
        • Re: (Score:3, Informative)

          by bnenning ( 58349 )
          The biggest, IMHO, is that switching to them ends up taxing people's savings - especially retirement savings - twice.

          That's true, and it's definitely an issue. But some of the double taxation already exists today; when I buy something with my after-tax income, a significant chunk of the payment goes to corporate taxes and other taxes embedded in the purchase price, which would be eliminated under the FairTax. And if I invest the money instead of immediately spending it I end up paying capital gains taxes, w
          • Re: (Score:3, Insightful)

            Well, you can do that today by inventing extra children for more deductions, and that's just one of the countless ways to cheat on income taxes. And I don't see why we'd need a national ID other than the existing SSN.

            The point is not whether you'd need any additional ID number.

            With the current SSN, while it's not legal to register more than once, there's little incentive to do so, because benefits are largely proportional to pay-in. Somebody who switches identities loses his accumulation in return for anon
          • You can get most of the same effect as the (un)"fair tax" with less downsides (including avoiding the double-tax effect of switching):

            - Stick with an income tax but make it DEAD flat. Collect the full amount as withholding at paycheck time. Everybody pays the same percentage, so there's no need to track I.D.

            - Do the flat "rebate/dole" as a separate (though related) item: One to a customer, regardless of income. Registration is voluntary, as is picking up the payment. Anybody who wishes
        • The biggest, IMHO, is that switching to them ends up taxing people's savings - especially retirement savings - twice. It was taxed once, at various rates, while it was was being squirreled away. Then it gets taxed again, at confiscatory rates, when it is spent.

          Sales tax does not tax savings, it only taxes spending. When it is spent it changes from savings to spending money. Actually income tax should be abolished and replaced with a national sales tax.

          Right now is especially nasty, since you've got th

  • by inphorm ( 604192 ) on Monday February 12, 2007 @08:14PM (#17990542) Homepage
    That is a strange tax law, this is from TFA

    "The state also requires its residents to report purchases made over the Internet and pay taxes on them"

    How can they enforce that? Our tax laws are pretty uniform across the country, but I buy something from overseas, I don't have to pay our local GST (Goods & Services Tax) of 10% on the item. I may or may not have to pay the import tax to get it through customs, depending on what it is and how it is sent over.

    I see buying something over the internet as the same as actually traveling to the state / country where the item is and buying it. As long as the seller obeys local tax laws, who cares what the buyer does?

    I may have an overy simplistic view of things though.

    - paul

    http://www.paulpichugin.com.au/ [paulpichugin.com.au]
    • by ScrewMaster ( 602015 ) on Monday February 12, 2007 @08:18PM (#17990600)
      I may have an overy simplistic view of things though.

      Perhaps, but I think it more likely that our elected leaders have an overly complex view of things.
      • by minion ( 162631 )
        I may have an overy simplistic view of things though.

        Perhaps, but I think it more likely that our elected leaders have an overly complex view of things.

         
        You're both wrong. I think our elected leaders have an overly greedy view of things.
    • In the US, taxes on out of state purchases is called a use tax whereever I've heard it called by a technical name. I don't know if Australia does random audits, if a person is not reporting them, I think at least some of it might show up, I don't know. My state has a very lenient amnesty program such that I pay a very small amount, proportional to my annual income so that I don't have to keep track of all the out of state purchases to stay honest. I think I paid $3 US. At least the state will mis-spend
    • How can they enforce that?

      Ever been audited? It sucks. They will comb through your credit card statements looking for online purchases. Paypal account? If they suspect malfeasance, don't be surprised if those records are made available to the state -- just like b&m banks are subpoenad to provide records in the case of suspected income tax evasion.

      All they need to do for enforcement is make sure that (probability of begin audited * average perceived punishment for audited people) is greater than t

    • by hurfy ( 735314 )
      "How can they enforce that? "

      well, they can't very well. That is why the other states want an easier way. Currently to do the US there would be thousands* of tax codes and rates :(

      *thousands assumed but there are around 250 for Washington :(

      Washington is even better, they do it the same way except there is NO personal income tax thus no form, thus probably less than the 00.0001% someone else made up ;) I don't even know how to pay it if i wanted to, i am sure people are just racing to look up how to pay tax
    • by lelitsch ( 31136 )
      Use tax laws are actually pretty common in the US. For example, Illinois has a similar law that requires you to pay sales tax for all purchases made out of state. Strictly speaking, anytime someone from Chicago buys anything in Indianapolis or New York, they would be required to keep the receipt until April 15 of the next year, then fill out a ST44 tax form for all these purchases, and file it with all your receipts. Even if you fill up your car in Gary 20 miles from Chicago, you would strickly speaking hav
    • by Pinky3 ( 22411 )
      This isn't just for the internet. If I go to Nevada and buy a new car and bring it back to my home in California, the law says I need to register (license) it in California and pay the use (sales) tax just as if I had bought it in California. The same is true of furniture, a new tv, or any other item I buy out-of-state and bring back to California as a new item.

      Purchases from a mail order catalog are treated the same way by the law.
  • Congress should instead just focus on implementing a 1% national sales tax on everything (brick-and-mortar stores, internet sales, the whole 9 yards). Don't discriminate. Then, they could wipe out the income tax and seriously downsize the IRS (sorry, can't completely eliminate 'em ... they still need to handle the national sales tax).
    • Fair Tax (Score:3, Interesting)

      I direct you to FairTax.org where the dream lives on, although I believe its more like 23% to be revenue neutral.
      • I direct you to FairTax.org where the dream lives on,

        Yes, I suppose the extremely wealthy have dreams of pushing even more of the tax burden upon the poorest and middle classes, so I _guess_ calling it a "dream" is a fair characterization.
        • by bnenning ( 58349 )
          The FairTax is progressive; because of the universal rebate the poor will pay low or negative taxes. Try again.
          • by Copid ( 137416 )

            The FairTax is progressive; because of the universal rebate the poor will pay low or negative taxes. Try again.
            The interesting question is, after accounting for the rebate, is it as progressive as our current income tax is? I strongly doubt it.
      • (Cost of Government) / (Number of Citizens) = the fair tax per citizen.

        Anything else is unfair, but necessary simply because not everyone can afford their fair share.

        All the shenanigans of modern tax code boils down to the politics of extracting unfair amounts of money from whomever will pay.

        • by Ibag ( 101144 ) on Monday February 12, 2007 @11:01PM (#17992302)
          I think this is an overly simplistic view. If my rich friend invites several people out to an expensive restaurant for his birthday, some people share dishes while others get for themselves, with one person getting something obscenely expensive that nobody else could even afford, what is the fair way to pay the bill? It wouldn't be fair to just split things evenly, because not everybody contributed to the cost equally. It could be argued that the fair way is for everybody to pay for what they ate, but what about the people who can't afford even that, and wouldn't have come unless explicitly asked to? Maybe, since it is his birthday, the rich friend shouldn't have to pay anything? Maybe since he invited the people out, he should have to pay everything? Maybe just the tip should be split evenly? There are dozens of different ways to split the bill, each with it's own rationale, and none of them clearly "the" fair bill payment method.

          Taxes are the same way. Not everybody uses government services the same. Many government services (like having a military) are not directly used by the majority of people. Everything needs to be funded* somehow, and charging the people who both use less and make less an amount which is more than their annual salary is not fair by any means. What is the most fair tax plan, then? It doesn't exist! But a system that charges more money to the people who can afford it or who use more government services is a lot more fair than charging a homeless man more money than he has spent in the last decade while charging Bill Gates less than he makes in 5 minutes from bank interest.

          *let's not debate whether the budget is just or not.
  • by WindBourne ( 631190 ) on Monday February 12, 2007 @08:24PM (#17990672) Journal
    Many of the servers reside in CA. In addition, so many sales. As such, CA gets to collect the sales tax on those sales. Once an internet tax comes through, then you can bet that many of the servers will change location basically to asia. Now California loses not just the tax base, but all those lucrative jobs.
  • by Speare ( 84249 ) on Monday February 12, 2007 @08:43PM (#17990878) Homepage Journal

    In the last story, California wanted to be a bland featureless part of the Federation letting someone else manage the citizen identification issues. Now in this story, California wants to retain full sovereignty over taxation. I know there's more than one person, and therefore more than one opinion on the whole statehood thing here, but come on, fellas.

  • REPEAL PROP13! (Score:2, Informative)

    If they want to make more tax money magically appear in California budget, they just need to repeal Proposition 13. This is the ridiculous measure from decades ago, wherein property tax is decided at time of purchase. So if you bought your house in 1979 well you never have to pay higher property taxes. This measure has also been called "Screw The Newcomers!" as anyone buying a house now, will not only get to enjoy the outrageous mortgages, but disproportionately high taxes. Unfortunately, much like Soci
    • actually, prop13 provides for a 3% property tax increase a year, in order to take inflation into account. the idea behind it is that people who bought their houses decades ago should not be at risk of having them repossessed by the state just because property taxes have risen too high, too fast for them to pay it. i agree though, that it has led to some negative side effects like those you just mentioned.
    • Property tax == rent you pay to the government to exist

      Otherwise they kick the door down to your house, arrest you, seize your assets, and throw you on the street.

      That is all.

  • > California didn't want to give up its autonomy in setting taxes to a coalition of smaller states.

    Let's restate that. CA didn't want to give up it's opportunity to score some political points. Autonomy and tax bashing sell extremely well in politics. Voters pay much less attention to issue like the efficiency of a harmonized tax system.

    If this is done on a state by state basis it will be an inefficient mess with many more ways to get around paying. The result will be much less revenue for the states
  • by deblau ( 68023 ) <slashdot.25.flickboy@spamgourmet.com> on Monday February 12, 2007 @10:04PM (#17991790) Journal
    Most government services are funded through excise (purchase) taxes. Road maintenance is funded through user fees (the gas tax). National parks are funded through user fees (including fishing and camping permits). The patent office is funded through user fees. The national phone & electric services are funded through use taxes on your bill. Etc. The only real reason to tax the Internet is to pay for administering Internet services. But the Internet is largely run by private companies, not the government. What, exactly, would the Internet sales tax pay for? Lining politicians' pockets. There is no need to tax the Internet.
  • There is absolutely no way Texas will ever agree to something similar.
  • As in Beer (Score:3, Insightful)

    by wytcld ( 179112 ) on Tuesday February 13, 2007 @11:35AM (#17997514) Homepage
    Vermont has just signed on to this project. The biggest effect on most of us: Beer now has sales tax; that's part of this interstate standard. What does this accomplish? You cannot legally ship anything with alcohol into Vermont to a retail customer (unlike some states where you can buy wine that way), and none of Vermont's small brewers are trying to mail order beer out of Vermont. Would you want your beer delivered by UPS?

    Those of us on the eastern side of Vermont already drive to New Hampshire to buy other stuff that's taxed at home. Now, since this new law to protect the taxability of future internet beer sales, we're getting our beer there too. Smart move, legislature.

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