Slashdot Mirror


E-commerce Sites to Collect Sales Taxes Nationwide

aengblom writes "An agreement between 38 states and some of the nation's largest retailers is bringing taxes to the net, The Washington Post reports. In return for collecting taxes for all U.S. sales, the retailers would not be held liable for taxes they 'failed' to collect previously. Best quote: 'If we disclose who these companies are, it's like putting a target on their back.' The Post reports that Wal-Mart, Marshall Fields, Target, Toys R Us and Mervyn's have all 'independently' announced plans to collect taxes nation-wide." Internetnews.com has a story about the taxes and an article claiming it won't hurt online sales.

34 of 572 comments (clear)

  1. IMHO by aliens · · Score: 5, Insightful

    I could either goto Toys R Us and get the product I want today, or go online, have to wait a couple extra days and pay shipping plus tax. Hrmmm, I guess they're right it's not going to hurt online sales at all.

    --
    -- taking over the world, we are.
    1. Re:IMHO by garcia · · Score: 4, Insightful

      they are counting on the inherent laziness of Americans. People think that it is just easier to go online for most items.

      *I* for one, would NEVER goto walmart.com when I could drive the two minutes to go there.

      I also refuse to buy anything computer related from retailers (aside from display models that have been marked down to like $30 from 100 at Best Buy).

      I would MUCH prefer to shop BB online just so I don't have to demand that another little rat doesn't bother me while I am in the store.

    2. Re:IMHO by Grishnakh · · Score: 5, Informative

      The only thing Walmart.com is really good for is printing digital photos. You can upload your photos there, and have them delivered to any Walmart in the country when they're done, and their prices are the cheapest online. The sales tax will suck, but with no shipping fees it'll still be better than overpriced places like ofoto.

      Just taking your photos to the local Walmart isn't an option since there's no ubiquitous read/writeable removable data storage format other than useless floppy disks.

    3. Re:IMHO by Lemmy+Caution · · Score: 4, Insightful

      The big savings from Internet distribution aren't from not paying taxes, they are from avoiding the labor and facility and related overhead of running a retail storefront operation.

    4. Re:IMHO by Vainglorious+Coward · · Score: 4, Funny

      ...the inherent laziness of Americans

      ...*I* ...drive the two minutes to go there.

      Pot, meet kettle.

      --
      My next sig will be ready soon, but subscribers can beat the rush
  2. Target? by numbski · · Score: 5, Insightful

    Did someone say Target? And Wal-Mark? *scribbles*

    Wait...why would I shop ONLINE for something that's down the street again?

    Oh, right, no sales tax.

    No diff anymore.

    Bye bye website.

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

    1. Re:Target? by mph · · Score: 3, Informative
      Wait...why would I shop ONLINE for something that's down the street again?
      To have it shipped to someone else as a gift. Or because the online stores have a larger inventory than the store down the street.

      I once had a nice book shipped to my mom as a gift. I was surprised that Wal-Mart.com carried it, and more surprised that their price was well below the other online retailers for that book.

      It arrived damaged, and my mom tried to return it to the local Wal-Mart, but they did not carry that book at the store. But Wal-Mart.com did a good job handling the return.

      In any case, here in California, we already pay sales tax when we order from most online vendors, because they have a business presence in California. Now the rest of you get to join in the fun.

  3. It will hurt by kmac06 · · Score: 3, Insightful

    It will hurt online sales :(

    Only reason anyone buys stuff online is because it is marked down enough to cover shipping...shipping+tax means its more or as expensive as retail stores, so there is no reason to buy there...

    This seems like a really bad time for this with the economy in the crapper...

    1. Re:It will hurt by fetta · · Score: 3, Interesting

      >>Only reason anyone buys stuff online is because it is marked down enough to cover shipping...

      Not true - I shop online for selection, convenience, and easy price comparison. Not to say that it won't hurt the online retailers from a price competitiveness standpoint, but this decision certainly doesn't mean "the end of online retailing."

      --
      ** The opinions expressed here are my own, and do not reflect those of my employers - past, present, or future**
  4. Fair Enough by endoboy · · Score: 5, Interesting
    If (big if...) one accepts the proposition that sales taxes are legitimate, then there's no reason Amazon should be any less taxed than the bookstore down the street....

    Last I checked, the UPS guy was driving on the road that local taxes paid for...

    1. Re:Fair Enough by meowmonster · · Score: 4, Interesting

      Yes but UPS is paying taxes on that road because for them to operate in your state they are being taxed. Their vehicle tax paid for the road along with your vehicle tax. You paid their vehicle tax as part of the shipping fees.

      But then again sales taxes are not legitimate, it's double taxation. You are taxed for earning and you are taxed for spending and you are taxed for saving (unless you put it in your mattress, but sooner or later the IRS is going to wonder and you'll be audited anyway). You are constantly being punished for being a productive member of society. If you decide not to be a productive member of society then the income of those that are productive is redistributed to you, therefore you are rewarded.

      Yes we need a tax but don't double tax. Make it an income tax or a sales tax but not both.

      That started to get a bit off topic, but by paying sales tax for goods and services out of your state you are being taxed for services you do not use. If I buy something at my local target I am driving on the roads, burning fuel and participating in commerce within my own state. That (although arguably) takes resources that the state collects taxes on.

      If I buy something out of state, that business does pay taxes on their income in their state so the "cost of commerce" is covered. The truck that picks the packages up and brings them to UPS facility paid taxes to be licensed so that is covered. If it is a ground shipment, most states have regulations taxing the trucks that go through them in the form of licensing or fuel costs (or both) so that is covered as well. I didn't make my money in that state so they are not entitled to my income (that of course leaving out the argument that govt is entitled to any of your money or we would be arguing our own state's taxation again). And the truck that brings it to my door is licensed in my state and the income they earn for bringing that package to me is taxed so my state is already getting their share. Seems to me that any additional taxation is unfounded, not to mention that I have NO say in the state's gov't that I bought the package from so me paying them any kind of tax (directly, as apposed to indirectly like the portion of my money that is income tax for the store) is taxation without representation which is unconstitutional. Isn't that what was behind the revolutionary war (among other things - not I don't need a history lesson), just on a MUCH smaller level?

      Abolishing the income tax on ALL levels and going to a national sales tax would of course solve these issues (but create others), then the feds can ration out money to the states based on their population. And when everyone is paying 50% sales tax they will get a better idea how badly goverment is bloated and maybe change their voting habbits...

    2. Re:Fair Enough by jht · · Score: 3, Interesting

      The traditional ruling on sales taxes has been this:

      If a business has a "locus" in a state (basically a substantial business presence), then they are obligated to collect sales taxes in that state.

      So your traditional brick and mortar company charges tax wherever they have a store or an office. Mail-order companies meet the same test. Here's a couple of examples.

      I live in Massachusetts. When I buy goods from Amazon, I am not charged sales taxes, because Amazon has no direct business presence in my state. However, if I lived in Washington (the state they're headquartered in), or one of the states where they had a warehouse, I would have to pay sales tax on my order.

      Related to that, Apple has 2 (soon to be 3) stores here in Massachusetts. So if I buy from Apple.com online, I pay sales tax. However, I had to pay sales tax even before they opened the brick-and-mortar stores here, because Apple has had a sales office in the Boston area for well over 20 years.

      What some of these companies were doing to try and get around the tax laws was create "separate companies" that were supposedly independent subsidiaries of the parent company and therefore didn't share all the locii with the brick-and-mortar stores. Ergo, no sales tax was being charged. That was a tax dodge, plain and simple, and in many cases (like Barnes & Noble) it's already been nuked by the courts.

      Now theoretically, in states with sales taxes you're supposed to declare your purchases from out-of-state, and pay "use taxes" equivalent to the amount of sales tax you avoided. But in the real world that doesn't happen, except at some of the businesses who can't legally afford to screw the taxman. Individuals never pay it, needless to say - perhaps that just might help explain why so many malls and stores exist just over the New Hampshire state line (NH has no sales tax).

      Basically, "Internet sales taxes" are a crock - but the same rules that apply to traditional mail order should apply to Internet-based sales.

      --
      -- Josh Turiel
      "2. Do not eat iPod Shuffle."
  5. Legislative stupidity by 0x0d0a · · Score: 4, Interesting

    So I can just buy from a Canadian e-retailer. Or a Mexican. Doesn't really affect me where they're based, and now they have a 7% price advantage over US-based companies. Way to go in a poor economy, US government. Now, instead of keeping the cash *in* the economy and picking it up on income taxes each time around, we throw it out to other countries. Kind of stupid. AFAIK, mail order companies are still tax-free, to show how arbitrary and lobbist-based this is.

    I was wondering how long it would be from the time Bush took office (and left the Clinton/Gore approach of "fund the Internet to build it up, but keep it hands off as much as possible") to the time big companies (brick-and-mortar types) started getting their way legally.

    1. Re:Legislative stupidity by bnenning · · Score: 4, Insightful
      I was wondering how long it would be from the time Bush took office (and left the Clinton/Gore approach of "fund the Internet to build it up, but keep it hands off as much as possible") to the time big companies (brick-and-mortar types) started getting their way legally.


      Good grief. I know people here love to blame Bush and Republicans for all the evils in the world, but at least try to make some amount of sense when you do. This is an agreement between retailers and *states*, neither the federal government nor Bush has anything to do with it. (And I'm relieved to know Clinton kept his hands off the Internet, otherwise we might have gotten bad laws like the CDA, DMCA, and crypto restrictions. Oh wait.)

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:Legislative stupidity by SirSlud · · Score: 4, Informative

      >But I know when Canadians buy from the US they pay some rediculous ass ramming tax.

      It's called 'duty'. Its meant to discourage the very mentality posed by the parent poster; namely that shopping outside of your economy is bad for your economy.

      The US likely has import duties as well, but you would have to check with your customs agency in order to confirm whether duty applies to the specific products you are interested in importing.

      --
      "Old man yells at systemd"
    3. Re:Legislative stupidity by Zigg · · Score: 3, Insightful

      So maybe the states could try *gasp* making cuts in their spending?! My God! Maybe even eliminate some of the less useful government programs, such as the ones created just to insure a certain block of voters goes for a particular party every few years? Imagine that!

  6. Some already have been by ackthpt · · Score: 4, Interesting
    Internet retailers who have a physical presence in California have charged me sales tax, last year. It's not like there's any secret, you get to see your total before submitting payment. A few sites are forthright, displaying the tax policy on their home page.

    It's just a leveling of the playing field. At some point I expect mandatory for all businesses, including those without a physical presence, which could be difficult for the Mom & Pop, HOWEVER(!) that doesn't prevent some sharpie from starting up a business to track it for them, if you get my drift.

    --

    A feeling of having made the same mistake before: Deja Foobar
  7. hmmm by Gnaythan1 · · Score: 3, Interesting

    Looks like a business oportunity for someone in a state that has low or no taxes for forwarding goods to real addresses.

    "No really officer, All ten million orders last year went to the same address in Oregon"

  8. Re:Sigh... by Dr_LHA · · Score: 4, Informative

    Well thankfully in the UK we haven't got this kind of thing yet.. though along with all the other taxes we pay, I shouldn't imagine it will be too long before it arrives on our shores.

    What are you on about? In the UK everyone gets evenly charged 17.5% VAT instead of local state tax. It's not like you get a tax break if you order from a company in Sussex and live in Hampshire! :-)

    The whole thing is that you can avoid sales tax in the US if you order from another state. It's basically tax evasion (I believe you are supposed to pay it at some point but nobody does). This is really closing a loophole, annoying as it is.

  9. No motivation by Valiss · · Score: 3, Funny

    Great, now there is little motivation to shop online at all on the listed stores. How stupid can they get? Of course I'll just drive down the block instead of waiting days for the same product. I hope amazon.com doesn't go this route. I love buying hard-to-find books with no sales tax and lord knows Wal-Mart doesn't sell any books worth buying...

    --

    -Valiss
  10. That would be three confirmed companies... by lindsayt · · Score: 4, Informative

    Just wanted to mention that Marshall-Fields, Target and Mervyn's are all the same company - Target Corp (Formerly the Dayton-Hudson Corp until Mark Dayton became a senator).

    Also, Target Corp and Toys R Us are working together with Amazon.com for online sales, so really it's only two groups - Target-ToysRUs-Amazon and Wal-Mart.

    I welcome sales tax for these merchants as it will probably encourage shopping in the local economy, which is better for small business and lesser municipalities (though perhaps bad for my home city, since Target Corp is based here).

    --
    I did not design this game/I did not name the stakes/I just happen to like apples/And I am not afraid of snakes-AniD
  11. Huh? by g4dget · · Score: 3, Insightful
    I don't get this--what does the Internet have to do with whether out-of-state orders get charged sales tax? Traditionally, when I order something mail-order over the phone or by mailing in an order, I didn't have to pay sales tax if I ordered from out of state. Has that changed as well?

    It seems to me that the Internet is being used by brick-and-mortar merchants as a smokescreen to push an agenda they have been trying to push for decades.

    As for "not hurting", what are these people thinking? Not having to pay sales tax just barely makes up for the shipping costs and extra hassles of on-line ordering. If I can't even save the sales tax anymore, then I might as well go to my local electronics store. Which is, of course, why state law makers have been lobbied so hard to push this through.

  12. Use the phone. by Garg · · Score: 5, Interesting

    Before online shopping, I used to mail-order everything 'cause if you bought out-of-state, there was no sales tax.

    So now just look up what you want online, and call their 800 number to order instead of using the Web.

    I suppose they'll plug that too though...

    Sigh.

    Garg

    --
    Garg
    Alumnus, Xavier's School for Gifted Youngsters
  13. Hmm .. stupid by RembrandtX · · Score: 4, Interesting

    First off .. we all need to keep in mind that Internet sites that do e-commerce are REQUIRED to collect sales tax if they are selling to a state which they have a Brick & Morter store located.

    So Sites like Walmart, Toys R Us, and my own Black & Decker have to pay taxes; Where sites like Crazy Aaron's Thinking Putty or Old Glory Games - do not.

    That being said:

    If I *DRIVE* to virginia (or deleware etc) and buy a car .. I don't have to pay sales tax on it. [although I do get taxed when I register it in my own state.]

    If I order something over the phone, I don't have to pay tax in some states. Same if I order a magazine.

    While internet stores are no replacement for a good Brick and Morter store .. they do sometimes fill a nitch. Example .. 3 weeks ago I was looking for 2 things : An Ospry Book for Eastern Front German Uniforms in WWII, and German winter gear figurines (25m) of the same timeframe.

    I went to FIVE hobby shops local to me that carry minatures .. and none of them had what I wanted. [I called 6 more .. getting smarter after the 5th to get the same result.] *EVERY* single shop was willing to 'special order' said product for me.

    Now, I tried to buy them in a REAL store first .. because I wanted to support my local stores.
    Granted - I was looking for some rather specalty items, but when a store CARRIES said items .. at least ONE out of 11 should have SOME representative in inventory.

    All my real stores failed me .. so I ordered from an online store.

    Internet shopping is only good if you know exactly what you want - its very hard to browse for something on the net .. because its forced marketing - you see only what a seller wants you to see about their product.

    Three days later, product in hand .. I had what I was trying to find.

    I guess my point is, Internet stores generally do business across state lines. [hence no income tax .. due to fluxing tax rates between states.]
    Trying to regulate income tax for a NON store fronted web-store is stupid. If they had a local store, most folks prefer to go to them first. The E-Commerce-replaces-real-stores that everyone was afraid of in retail sales .. never happened .. and honestly .. probally never will.

    --

    --Ne auderis delere orbem rigidum meum, non erravi pernicose!
  14. No difference in Michigan by Christopher+Bibbs · · Score: 4, Insightful

    We've been charged sales tax from online shops that have a physical presence here for years. Eddie Bauer, Victoria's Secret, REI, Apple Store, CompUSA, and others have all been collecting sales tax. You know what? It still works out for the consumer in some cases. Often these stores have discount shipping for large orders, flexible return policies, a larger stock of items, and easier to shop with (especially during the holidays).

    Besides, why should Target care if you buy from them online or down the street as long as you buy from them? All they need to worry about is you going to "just-like-target-but-no-tax.com".

  15. Not a new internet tax by VoiceOfDog · · Score: 5, Insightful

    This just closes a loophole that some stores were getting away with, and some stores weren't. For example Gateway computer charges sales tax for online sales to California, because they have a retail presence there. For Toys R Us not to, just because they have a different corporate entity running the website, is not fair. This is why they are talking about an amnesty for back taxes- this is not a new sales tax on e-commerce. For Amazon (not their partners) and other catalog-only stores, you'll still be sales tax free. - VoiceOfDog

  16. Re:Not a good move at this time by Anonymous Coward · · Score: 3, Informative

    Ok, I'll call your troll.

    The previous tax cut, and the currently proposed tax cut, are both sweeping cuts that benefit ALL classes of income-earners.

    As it stands now, the wealthiest 50% of the population bears 96% of the tax burden so it's natural that an across-the-board tax cut would free more dollars up for the top 50% than the bottom 50% in absolute terms( by a ratio of roughly 24:1 ), but the amounts retained on a percentage basis are actually higher for the lower 50% than the upper 50%. Your troll is ridiculous and unfounded.

    Here are the numbers to back up my claims:

    http://www.irs.ustreas.gov/pub/irs-soi/00in01rt. xl s

    ( Excel file, although it opens fine in OpenOffice )

  17. Re:Not a good move at this time by zog+karndon · · Score: 3, Informative

    It's hard to direct tax breaks at the low end of the economy, since hardly anybody at the low end of the income distribution actually pays income tax to begin with (incomes less than $30K pay 5.8% of all income tax - see here for more details).

    The upper 10% of the income bracket pays 50% of all income taxes (same source). Maybe those who actually pay taxes might appreciate it.

  18. Re:Not a good move at this time by bnenning · · Score: 3, Interesting
    the low end of the income distribution--people likely to spend the extra money


    As opposed to "rich" taxpayers who will put it under their mattresses?


    Instead, the administration gives huge tax breaks to the wealthy


    The income tax reductions actually make the system more progressive. The evil rich will get a larger reduction in absolute dollars only because they pay so much more in the first place. But you knew that.


    and introduces new sales taxes


    This is an agreement made with state governments. The Bush administration has nothing to do with it. But you probably knew that too.

    --
    How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  19. "Smokescreen"? What are you on? by VT_hawkeye · · Score: 3, Interesting

    Brick-and-mortar merchants' "agenda" == trying to sell you stuff. Internet == a new way to sell you stuff. And in case you haven't noticed, many of those brick-and-mortar merchants are now selling online as well.

    If merchants like Wal-Mart haven't been charging sales tax on online orders (I don't know, I haven't ordered anything online from them), they've clearly been violating the law to do so. State laws almost uniformly say that if the company has nexus (a physical presence, like an office, store or distribution center), it's responsible for charging you sales tax.

    On the other hand, you are responsible, in most states, for paying "use tax" (basically a different name for sales tax) on items you buy from out-of-state retailers who did not charge you any sales tax. Betcha didn't know that one. This agreement essentially fixes the problem that almost no one pays that tax, and it catches companies who had been trying to skirt the nexus rules.

  20. This article is misunderstood! by purple · · Score: 5, Informative

    The stores that are affected by this are NOT the mom-n-pop stores that do most of their transactions over the Internet. This deal is ONLY used to tie major retailers' brick and mortar locations to their respective websites. As a specific example, here is a quote from the article:

    "For example, Wal-Mart has 1,500 stores scattered across all 50 states, but WalMart.com, a separate subsidiary, has a physical presence in only nine states."

    WalMart.com's presence in nine states requires them to collect taxes for those nine states. However, this deal would require them to collect in all fifty, since the .com's parent company Wal-Mart has retail stores in those states.

    A store like mWave.com (a personal favorite), whose only presence is in California, would still be treated the same way they've always been: Purchases from outside California are tax-exempt, just like they would be from a mail-order catalog.

    I imagine Dell will be affected by this. They charge no sales tax for orders from "Dell Home", but "Dell Business" charges tax to everyone. It's likely that, if they buy in to this deal, Dell Home will charge tax to everyone.

    The short of it is, though, Don't Panic! If you're shopping for bargains online, you'll still find them.

    --
    Gamertag: ChrisCasey
  21. Technically Correct, Will Be Constitutionally Fla by zentec · · Score: 3, Interesting


    Wal-mart and Target have operations in all states. Ergo, they already collect sales taxes for that appropriate state and it's no big deal to include online and telephone sales, which they should have been doing anyway.

    Ever notice on television advertisements for "The Osmonds Greatest Hits", you'll see the disclaimer that "residents of New York add sales tax". That's because the company pushing and fufilling the order has offices in New York. They're required to collect taxes for orders going to destinations within the state of NY. So, there's nothing terribly earth shattering about what these companies are doing nor the agreement that has been reached. I argue that Target/Wal-mart are trying to keep their respective tits out of the wringer because they haven't been collecting taxes for online/telephone sales.

    In fact, I argue that this is the first step in stricter enforcement of sales tax laws directed at large corporations.

    HOWEVER, you'll note that this is a voluntary program. The states can not force the guy at FixYourOwnPrinter.com to collect sales taxes for parts sold to anyone in any state other than his own. It is unconstitutional.

    While this voluntary program is technically correct, I think it may be the first step at a wider attempt at regulating interstate commerce. Which of course, the states can not do per the Constitution.

    Look for this one argued in the US Supreme Court soon.

  22. Re:Sigh... by krlynch · · Score: 3, Informative

    The tax you are probably supposed to be paying if you purchase from out of state is not generally called a sales tax, and you don't owe it to the other state, but rather a Use tax, which you typically owe to your state of residence.

    See, California can't tax the vendor in Nevada for selling you something by mail, because the vendor is not in their jurisdiction (CA and NV chosen at random, and maybe not even correctly). But the Nevada vendor doesn't pay the tax to Nevada, because they book the sale as occuring outside the state, and the Constitution prevents states from taxing interstate commerce. So, California (probably ... most states have these laws) expects you, the California resident, to voluntarily cough up the lost sales tax revenue as a Use Tax on purchases that haven't been taxed by either California or another jurisdiction (state, in this case), except when California wouldn't charge sales tax on the item anyway. Some states go so far as to include a Use Tax schedule in their yearly state income tax returns. Unsurprisingly, since these purchases can't be tracked by the states (the vendor is outside the jurisdiction, and hasn't done anything to break the law of that jurisdiction), states have a pretty tough time enforcing their Use Tax laws. But that doesn't mean you aren't supposed to pay :-)

    Not a lawyer, yada yada yada, but I have played on in a court room :-)

  23. Come on, people! by beagle · · Score: 4, Insightful

    To read the comments here, it would seem that every Slashdot reader thinks that goods purchased online are subject to neither Use Tax nor Sales Tax.

    This is nothing new. It's not a new tax, and it is not any less legitimate than the sales tax you pay when you go to a brick & mortar establishment. (The legitimacy of that sales tax is debatable.)

    If anything, this agreement helps consumers in that we no longer have to track our out-of-state purchases in order to pay Use Tax on those items. You do pay Use Tax on those items, right? If you don't, you're breaking the law if your state has a Sales Tax.

    As for curbing sales, this move will only curb online sales for sites that are already not competitive. Them's the breaks in a free market.