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New U.S. Sales Tax Regime For Internet Sellers?

morganew writes "As reported last week on Slashdot, States are pushing for new sales tax rules that would force Internet sellers to collect taxes for up to 7500 jurisdictions. Legislation has been introduced. The House Judiciary Committee held hearings today; here's CNet news on the bill, and here's a report (PDF link) on what it could mean to internet sellers."

295 comments

  1. Death of eCommerce by Anonymous Coward · · Score: 4, Insightful

    ...well, not exactly. But once the price advantage of no sales tax goes away, goods that incur a shipping charge will be better bought locally, all things being equal.

    1. Re:Death of eCommerce by s.fontinalis · · Score: 2, Insightful

      And the drawback to this is?

    2. Re:Death of eCommerce by stratjakt · · Score: 4, Interesting

      The convenience, and ability to comparison shop by seeing prices from a few dozen retailers side by side for that new video card, is still there.

      It still beats living in a town that has only Best Buy and a ridiculously overpriced little shop that sells second rate chinese hardware.

      Even with tax and shipping I can get that Radeon 9800 almost 100 bucks cheaper online.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Death of eCommerce by John+Hurliman · · Score: 1

      What about the benefit of running low overhead with a web based company? The ability to advertise and sell direct to customers worldwide? From your post you make it seem as if all this flies out the window because you have to pay sales tax that is already owed to states and counties in the first place.

    4. Re:Death of eCommerce by Anonymous Coward · · Score: 0


      Hey Cletus,
      Move out of your mom & step-dad's trailer in the park and move to a place with >1000 people.

    5. Re:Death of eCommerce by stratjakt · · Score: 0, Offtopic

      Yuk yuk yuk yer so fonny

      I'm talking about the Annapolis/DC/baltimore area. I have a 5 acre backyard. I'm not trading it in for a 4x8 cement balcony, thanks.

      --
      I don't need no instructions to know how to rock!!!!
    6. Re:Death of eCommerce by NanoGator · · Score: 5, Insightful

      " But once the price advantage of no sales tax goes away, goods that incur a shipping charge will be better bought locally, all things being equal."

      That's not necessarily true. Not everybody orders online because it's cheaper. Amazon comes to mind. It's much easier to buy gifts for people throuhg Amazon than it is to go to a bunch of stores, find the items, and then giftwrap them.

      Businesses are another example. It's problematic to send an employee out to buy office supplies. Delivery is a nice feature.

      And, for a third example, there's the whole "if I have it delivered, I can order it from work." aspect of it that most ppl won't admit to.

      I agree that the tax will cause problems, may even cause some places to fail. No argument there. But it's an exaggeration to say that it'll kill off eCommerce. If mail-order is still around, then eCommerce is still around.

      --
      "Derp de derp."
    7. Re:Death of eCommerce by Anonymous Coward · · Score: 0

      So, uh, how much do your parents pay you to mow the yard?

    8. Re:Death of eCommerce by anthony_dipierro · · Score: 1

      But once the price advantage of no sales tax goes away, goods that incur a shipping charge will be better bought locally, all things being equal.

      More specifically, they'll be bought online and then picked up at the store.

    9. Re:Death of eCommerce by Anonymous Coward · · Score: 0

      That a lot more tech workers will be out of a job soon.

    10. Re:Death of eCommerce by Anonymous Coward · · Score: 0

      Apparently enough to buy one of them new-fangled graphic doohickies.

    11. Re:Death of eCommerce by swv3752 · · Score: 1

      Bought anything from Europe lately? Do you realize what a nightmare VAT is? Now we are going to try imitating that in the States?

      It will kill most of the small retailers. Can you imagine collecting tax for 7000 different localities?

      --
      Just a Tuna in the Sea of Life
    12. Re:Death of eCommerce by Anonymous Coward · · Score: 0
      that reminds me of a joke...

      Why did bill clinton put astroturf in the back of his truck?

      So he could plant Gennifer Flowers!!!

    13. Re:Death of eCommerce by Rob+Simpson · · Score: 1

      Very true. I've always had to pay taxes on internet purchases in Canada, and that's never stopped me. (Duty on stuff from the US is just nasty, though.) I buy things online that I can't find locally - mainly tons of anime, and computer stuff.

    14. Re:Death of eCommerce by Charcharodon · · Score: 2, Informative

      You've obviously never shopped locally in California. It'll still be worth paying the shipping on from the east coast then to pay the prices they want here. There is more than just taxes that drive up the prices in this State. All the mandator social BS is driving companies out of the area left and right with minimum wage hikes and outrageous workers comp/unemployment insurance requirements.

    15. Re:Death of eCommerce by lxs · · Score: 1
      It's much easier to buy gifts for people throuhg Amazon than it is to go to a bunch of stores, find the items, and then giftwrap them.


      Perhaps that should be their new slogan: "Amazon, when you don't care enough to buy them a real gift."
    16. Re:Death of eCommerce by instanto · · Score: 1

      So by your logic the only 'real gift' you can give another person is if you buy it?

      People should replace their Personal Identification number with a "consumer ID" - yours is #1.

      --
      // instant - "I for one welcome our new Decaff Coffee-Flavoured-Coffee Overlords"
    17. Re:Death of eCommerce by NanoGator · · Score: 1

      "Perhaps that should be their new slogan: "Amazon, when you don't care enough to buy them a real gift."

      You think I'm buying virtual gifts?

      --
      "Derp de derp."
    18. Re:Death of eCommerce by lxs · · Score: 1

      No. The only real gift, is something you spent some time and thought on. Maybe I'm a hopeless romantic, but something like:

      "Oooh baby, I love you so much I spent nearly 5 minutes online to get you this piece of crap, absentmindedly wrapped by some anonymous repeat-offender in a dull warehouse", somehow doesn't seem worth the bother to begin with.

      And I may also be a hypocrite, because when I buy gifts online, I wrap them myself, to at least give the impression that I have put some thought into it.

    19. Re:Death of eCommerce by basingwerk · · Score: 0

      But all things are not equal. Most goods incurr a shipping charge. Even those bought locally, unless they are locally produced, have to be carried to the consumer. They delivered to the shop, and then to his house, sometimes by car. Large scale eCommerce shops might have local distribution sites almost as close as the local shops, and there might be no car journey involved, so it is not a simple tradeoff.

      --
      I stole this .sig
    20. Re:Death of eCommerce by pmz · · Score: 1

      All the mandator social BS is driving companies out of the area left and right with minimum wage hikes and outrageous workers comp/unemployment insurance requirements.

      It is highly ironic that what was one of the fastest growing economies in the world elected Democrated leadership. Did they shoot themeselves in their feet just out of curiousity? Now that they are bleeding and in pain, did they learn their lesson?

    21. Re:Death of eCommerce by hesiod · · Score: 1

      > The only real gift, is something you spent some time and thought on

      And you seriously think that being in a "real" store means better gifts? Why, because there's less selection so you have to decide which product they offer is least crappy? There are more choices when you order something, and PLENTY of really cool items that gannot be bought in most stores.

    22. Re:Death of eCommerce by SonyTV · · Score: 1

      I would have to say, a good death nail for eCommerce could also be a crappy economy. I shop the same online as I did before (Oregon has no sales tax). But then again, that's just me, one grain of sand on the beach.

      --
      A real patriot is the fellow who gets a parking ticket and rejoices that the system works. -Bill Vaughan
  2. International orders? by grub · · Score: 5, Interesting


    Will this put US online sellers at a disadvantage to, say, Canadian ones for importing? For example an amazon.com order plus the taxes verses an amazon.ca order with shipping and the exchange rate differences?

    --
    Trolling is a art,
    1. Re:International orders? by stratjakt · · Score: 1, Interesting

      Imagine if they started taxing goods coming across the border?

      That would be really poopy!

      I'd probably call it a doody tax!

      Though asian retailers have never had a problem misrepresenting whats in the packages, or what it cost, to avoid such charges. Apparently the NGC I bought from Lik Sang was only with 20 bucks (thats what was on the declaration).

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:International orders? by Anonymous Coward · · Score: 0

      They have duties but the Free Trade Agreement cut a lot of the money out. Oh except when it goes against the US then they start imposing tariffs on canuck lumber and wetback-assembled electronics.

    3. Re:International orders? by epiphani · · Score: 3, Insightful

      Along those same lines - is california making a killing in taxes because most of the buisness online is located there? What about the state that a lot of companies register for incorporation in (is that meriland? (sp))?

      If the taxes are "leaving" one state, someones' making up for it somewhere. Either you're in for globalization, or you're not. Creating new taxes just because globalization doesnt fit your model of buisness is rather short-sighted. Same thing happens when countries start adding tarrifs because they cant compete with the imports.

      If money is leaving the state (or country), its because something outside is better than whats inside.

      --
      .
    4. Re:International orders? by budgenator · · Score: 2, Informative

      actualy it's not a new tax, most states have a sales/use tax and if you buy something where the sales/use tax isn't collected for you by the bussiness, your supposed to pay them yourself, usualy on your state income tax form. Nobody of course does it unless they have to be squeaky clean, or its a very well advertised purchase. I think the i remember that the CEO of Tyco got in trouble for not paying the sales/use taxes on a painting he bought from $20M or something like that.

      what is new is that a bussiness couldn't be forced to collect the sales/use taxes for a state that they had no physical presence in such as if I had a Michigan sales tax license, California couldn't force me to collect tax for shipments to california.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    5. Re:International orders? by Guppy06 · · Score: 1

      "For example an amazon.com order plus the taxes verses an amazon.ca order with shipping and the exchange rate differences?"

      Unless the goods you are ordering originated in the NAFTA zone (ie. not made in China, Korea, et al), then I have two things to say to you: "duties" and "excise taxes." The money you don't pay at amazon.ca will be collected at the post office.

    6. Re:International orders? by Yo+Grark · · Score: 1

      We already get taxed coming across the boarder. It's called DUTY YOU INSENSITIVE CLOD!

      Yo Grark
      Canadian Bred with American Butter

      --
      Canadian Bred with American Buttering
    7. Re:International orders? by ncc74656 · · Score: 1
      actualy it's not a new tax, most states have a sales/use tax and if you buy something where the sales/use tax isn't collected for you by the bussiness, your supposed to pay them yourself, usualy on your state income tax form

      What is this "state income tax form" of which you speak?

      (I'm guessing there's some other process by which Nevada tries to collect use tax, since we don't have a state income tax here. I've not bothered tracking it down, though, and I don't know of anyone else who has.)

      --
      20 January 2017: the End of an Error.
    8. Re:International orders? by budgenator · · Score: 1

      its a sheet that looks kinda like an IRS form 1040 or 1040a which everbody in the US that doesn't live in Nevada or Alaska fills out every year. (Alaska actualy makes a profit on oil revenues, so they pay pay their residents instead of taxing them!)
      .

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  3. Sigh knew it was going to happen.. by Worminater · · Score: 2, Interesting

    They are trying to turn internet shopping into something similar to ordering out of a magazine...

    I like ordering things online because you know your getting what you order(if you go to the right place) and its almost always cheaper, even if you include shipping costs.

    This will wreck havoc on all of that though, take away the main advantage of online sellers...

    Sigh, net may turn into place to buy specialty items, Best Buy or whatever for non obscure things. I find that kind of depressing really

    1. Re:Sigh knew it was going to happen.. by bladernr · · Score: 2, Interesting
      This will wreck havoc on all of that though, take away the main advantage of online sellers...

      But wouldn't that make things a little more fare? Why should we designate one group to be taxed, and another not? Even the Internet deals in physical things (warehouses, items, shipments, servers, etc), so I don't think the jurisdiction argument holds. After all, what is different from the Internet than mail-order in that regard?

      I will miss avoiding taxes by buying online, but, at the end of the day, it was unfair to tax only bricks-and-mortar companies. One could even say it was a subsidy to get the eCommerence industry going. If that is true, its perfectly proper in my opinion. But now that the industry is going, its time to stop the subsidy.

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    2. Re:Sigh knew it was going to happen.. by Worminater · · Score: 1

      Hm... Interesting point, and i see your point, but as yet I dont quiet agree with the system here.

      After all, what is different from the Internet than mail-order in that regard?

      I honestly dont think mail order should be taxed either. I am more of a laise fair kind of guy. Is it really hurting the state govt if mail order and online orders are not taxed?

      I dont think so, and consider it more of a "theres money to be made in dem dar hills" kinda thing.

      Why I'm moving to Canadia:-p (jokeing btw but you get the point...)

    3. Re:Sigh knew it was going to happen.. by SoSueMe · · Score: 1

      Why I'm moving to Canadia:-p (jokeing btw but you get the point...)

      Whew! Thanks for the joking part. We like people who at least know how to spell the name of the country. It is not that difficult.
      Repeat after me: "C-A-N-A-D-A". Now, that wasn't so bad, was it?

    4. Re:Sigh knew it was going to happen.. by Anonymous Coward · · Score: 0

      I always remember it as
      CND...
      said like a Canadian..

      C eh, N eh, D eh

    5. Re:Sigh knew it was going to happen.. by Apiakun · · Score: 1

      Come on, buddy. You use the word "fare" when you mean "fair", and in the next paragraph you write "unfair". Make up your mind.

    6. Re:Sigh knew it was going to happen.. by gl4ss · · Score: 1

      **I honestly dont think mail order should be taxed either. I am more of a laise fair kind of guy. Is it really hurting the state govt if mail order and online orders are not taxed?
      **

      well, what should be taxed then? the terrorists, because nobody likes them?

      and btw, there is resources wasted if you make it artificially more beneficial(by means of taxing) to ship products one at a time vs. shipping a shitload of them(more importantly, you end up making jobs in the courier industry that are only needed because of the loopholes in taxation).

      as far as i'm getting it.. internet resellers don't currently pay vat in states? which is something i must say WTF to, as there's little point in why they shouldn't pay it(hmm, if it weren't so every 7-11 should put an internet ordering booth in front of them.. and have people order through it and call it internet sales).

      they should pay taxes just as everyone else does, they still got the big potential market benefit(and a large inventory) and if they have somehow gotten into a market position they can't maintain if they have to stand on the same line as everyone else, then it's tough luck. sometimes it makes sense to use the taxation to steer firms in the right direction but i honestly don't see this as one of those situations(it really doesn't make much sense for me to order something across the continent and get it cheaper than i could have picked up from the local store that had cheaper transportation expenses, cheaper rent and cheaper clerk at the counter than the firm on the other side of the continent).

      --
      world was created 5 seconds before this post as it is.
    7. Re:Sigh knew it was going to happen.. by budgenator · · Score: 1

      sorry dude I hate to be the one to break the bad news to you but just because a retailer wasn't preeded into service to collect taxes on your purchases, doen't mean that you don't owe them your self

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    8. Re:Sigh knew it was going to happen.. by kiatoa · · Score: 1

      What should be taxed? Easy answer: land. Never tax human labor or the products of human labor. After all we *want* people to be producing and taxing something tends to diminish it (you going to work longer and harder when you are taxed up the wazoo(sp?)? Land isn't produced by anyone. It is the only thing you can tax and actually cause the economy to grow. For details on this point of view spend some time at http://www.henrygeorge.org. At first glance the Georgist point of view might seem socialist or even communist but on closer examination it is the quite the antithesis of either of those ideas.

      --
      90% of the wealth is in 2% of the pockets. Bummer to be in the majority.
    9. Re:Sigh knew it was going to happen.. by cayenne8 · · Score: 1
      The meer fact that I am already, taxed, double taxed and triple taxed is reason enough.

      PLEASE quit taking my money Mr. Government...you have enough, learn to live with what you already take...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  4. Oh for god's sake by Anonymous Coward · · Score: 3, Insightful

    They would have better luck legalizing and taxing drugs (and it would be more moral) than trying to enforce crazy e-commerce regualtions across state lines. Seriously, the money gets taxed once as income in the state is is spent from and once as income in the state it gets spent in. Isn't that good enough? Why try to put a brake on the great whell of e-commerce that is just starting to get our economy spinning again?

    Legalize and tax drugs, don't tax e-commerce. Are you listening, Dean?

    1. Re:Oh for god's sake by Archangel+Michael · · Score: 2, Informative

      No Republicrat or Demican will support the legalization of drugs. Join the Libertarian party, legalize and taxing drugs and a whole host of other "victimless crimes" would create a Tax Boom like one never seen before.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Oh for god's sake by airConditionedGypsy · · Score: 1
      Kind of off-topic, but since you opened the can..

      Enlighten me on how the drug industry, addiction, and kids messing up their life is a victimless crime...

      --
      I bootleg Fizzy Lifting Drinks.
    3. Re:Oh for god's sake by nitrocloud · · Score: 0, Offtopic
      You got that right! As a junior in high school, I can testify that funds are going to be used improperly anyway, so drugs should be enough to make the difference.
      I hate how the principal justifies locking rest rooms during lunch with, "People smoke in there, we must prevent this."
      I reply, "The don't smoke in this rest room, it's the other one, and what about the people who NEED the restroom and don't have any other time?"
      he replied, "Well, we are getting a $1000 smoke detection unit soon, after it's out of R&D, and then pay $3000 more for expansion to the other rest rooms."
      I finally say, "See these ten dollars? See that jar over there, namely the one with your name on it? See the sign that says 'Pay for the teacher or administrator you want to see pied in the face'? OK... now watch me make you win!"
      --
      Karma: Good, or bust!
    4. Re:Oh for god's sake by nitrocloud · · Score: 1

      Oh! I just remembered... I think drugs are already taxed! The government CAN tax illegal things, and the IRS can get your for tax evasion if you do any illegal taxible activity!

      --
      Karma: Good, or bust!
    5. Re:Oh for god's sake by Anonymous Coward · · Score: 0

      uh, is it fun being insane?

    6. Re:Oh for god's sake by Anonymous Coward · · Score: 0
      yeah, getting hooked on dope is a victimless crime.

      huh?

      And if you think drug users don't fuck up everyone around them, go to an Al-Anon meeting and survey some of the damage those non-victims have been put through.

    7. Re:Oh for god's sake by Anonymous Coward · · Score: 0

      I'd rather see the money spent on the war on drugs being spent on education in schools teaching kids the dangerous effects of abusing some types of drugs.

      Of course, it should be illegal to sell drugs to a minor (just as it is to sell alcohol or tobacco).

      I see no reason why adults shouldn't be allowed to have the ability to choose what to put into their bodies.

    8. Re:Oh for god's sake by airConditionedGypsy · · Score: 1
      IMHO, the problem there is that those adults can't control themselves and have the potential to hurt other members of society.

      You can see this already with people who abuse prescription drugs and/or alcohol. Legalizing a drug doesn't magically make the horrors of addiction go away and doesn't make the auxilary crimes have a sudden zero impact on society.

      --
      I bootleg Fizzy Lifting Drinks.
    9. Re:Oh for god's sake by wo1verin3 · · Score: 1

      >> And if you think drug users don't fuck up

      Drug users do not always.
      Drug abusers do.

      The same goes for anything else such as driving or gambling. Any addiction really.

    10. Re:Oh for god's sake by Anonymous Coward · · Score: 0

      You are fucking religishitty. Go kill yourself....for your OWN FUCKING sake...nobody FUCKING ELSE's

    11. Re:Oh for god's sake by angst_ridden_hipster · · Score: 1

      Actually, you should just urinate on his desk.

      Not that that will help you graduate, or anything, but it will get a point across.

      --
      Eloi, Eloi, lema sabachtani?
      www.fogbound.net
    12. Re:Oh for god's sake by Anonymous Coward · · Score: 0

      Enlighten me how criminalizing this behavior reduces human suffering.

      You need to read up on Prohibition. You do know that we criminalized alcohol use, don't you?

      Especially read about Helen Newberry Joy, who led the fight for the Volstead Act, and then led the fight for repeal when she realized she was wrong. She figured out the bootleggers, already breaking the law, would happily sell booze to 12 year olds, where a legal, regulated seller wouldn't.

    13. Re:Oh for god's sake by Zirnike · · Score: 1
      First, legalization, even with a 200% tax, would still drop the price through the floor.

      Second, adults that can't control themselves are the problem, not drugs. Addiction rates to drugs (including alchohol and tobacco) remain as a constant percentage. The people just decide to get addicted to something else.

      And, like prohibition, most of the reason there are crimes associated with drugs are because criminals are the only ones who can sell drugs. You can be damn sure 7-11 won't be accepting stolen stereos for a pack of pot.

      --
      I'm not shy, I'm stalking my prey
    14. Re:Oh for god's sake by airConditionedGypsy · · Score: 1
      You need to read up on Prohibition

      Thanks for the chuckle. I bootleg certain drinks, remember?

      A legal, regulated seller also happily sells booze to drunks who go home and beat the crap out of their family, and pisses away their paycheck on the stuff. I repeat, just b/c something is legalized, it doesn't make the ill side effects go away -- more likely it just transforms them to other ill side-effects.

      --
      I bootleg Fizzy Lifting Drinks.
    15. Re:Oh for god's sake by nitrocloud · · Score: 1

      I thought of a tube a epoxy in the lock when it's open should work :)

      --
      Karma: Good, or bust!
    16. Re:Oh for god's sake by budgenator · · Score: 1

      I remember that there is a federal tax on marijuana, $10.00/oz for medical usage, and $100.00/oz for non-medical useage.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    17. Re:Oh for god's sake by Anonymous Coward · · Score: 0

      Yes, I especially like how you've put 'victimless crimes' in quotes. Nice touch of honesty.

    18. Re:Oh for god's sake by Anonymous Coward · · Score: 0
      you're 100% correct. Many states sell drug stamps. Basically, it's just an extra way to get some more money after-the-fact - you can tack on an extra fine or get a harsher prison sentence since they didn't pay their drug taxes.

    19. Re:Oh for god's sake by DavidBrown · · Score: 1

      They would have better luck legalizing and taxing drugs (and it would be more moral) than trying to enforce crazy e-commerce regualtions across state lines. Seriously, the money gets taxed once as income in the state is is spent from and once as income in the state it gets spent in. Isn't that good enough? Why try to put a brake on the great whell of e-commerce that is just starting to get our economy spinning again?


      What makes you think it would be so difficult to pull this off? Even if there were 50,000 sales tax jurisdictions, it wouldn't be that difficult to create a standardized database of sales tax requirements based on the location of the buyer or seller or either or both. The enforcement mechanism used to make sure the taxes are collected will be the same used today to ensure that sales tax is collected by brick and mortar retailers - the business is liable for the tax, whether or not they pass the cost on to the consumer.

      Your argument about all this money being already subject to income tax is as applicable to brick and mortar retailers and therefore cannot be used to justify treating Internet sales any different from brick and mortar sales. The only justification for treating e-business any different is that e-business needs to develop. But for the most part, e-business is fully developed already. Amazon.com isn't going to get killed because people will have to pay the same sales tax buying books from them as they pay while buying books from the bookstore down the street. e-business may have to cut their margins to stay competitive, but it won't go away.

      I buy plenty of stuff on the Internet, from computers to books/DVDs and even meat. This isn't going to change if I have to start paying California sales tax on anything that I buy on the Internet.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    20. Re:Oh for god's sake by Archangel+Michael · · Score: 1

      There is no such thing as "Victimless crimes". I was just using the typical leftwing kneejerk terminology. Well, isn't that "Its my body, I can do whatever I want to it" crap you hear from the likes of Woody Harrelson and the Abortion crowd?

      Self Inflicted harm is mostly victimless, except the victim has only themselves to blame.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    21. Re:Oh for god's sake by Anonymous Coward · · Score: 0

      And this tax is paid to the dealer, right?

    22. Re:Oh for god's sake by Sivaram_Velauthapill · · Score: 1

      Here's a leftist view... I don't have the saem view as liberatarians

      Before legalization drugs, I would want a thorough study done, and I would only support it once the costs of legalization (i.e. increase in drug use) can be offset by govt control. In any case, I think I am leaning towards legalization...

      The MAJOR downside is that this will increase drug use (since those that think illegal=morally bad, will all of a sudden start using drugs since they will view legal as morally good). The increase in usage is what I want studied so that I know what I'm getting into (if I support a pro-drug platform)...

      The impact of legalization won't be as severe as you think. The main reason is because the "war" on drugs is a complete failure. Regardless of how you put it, a person that wants drugs can get it WHENEVER they want. If you don't believe that, you are living in a cave (i.e. not familiar with what's going on around you), or you just haven't thought about it. What all this means is that legalization won't impact those that really want drugs--they get it anyway.

      The second reason is what makes me different from a liberatarian. Liberatarians want ZERO control of legalized drugs, while I want FULL govt control. By legalizing drugs, society (via the govt) can actually CONTROL it. Right now, the govt has no control whatsoever. Police (the military wing of the govt) might claim they control the drug trade but that is a complete lie! If you let corporations (or private businesses) run the drug trade, the govt can control them. This will ensure that quality of drugs are increased, you can monitor whether anyone is overcharging, minimize the spread of diseases, etc. Even seemingly unrelated things like homicides can be reduced (because corporations will only use violence as a last resort, whereas drug lords in the modern black market use any means). In fact, you can even funnel the money you make on drug taxes back towards the drug users so that they are taken care of.

      Legalization of drugs should be considered... the only people who are against it are conservatives who still think the "war" on drugs is going well...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    23. Re:Oh for god's sake by Sivaram_Velauthapill · · Score: 1

      I didn't know illegal things were taxed. Even if they were, it's not as if the govt is collecting much moneyfrom it. The taxpayers probably declare ZERO for their illegal activities...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    24. Re:Oh for god's sake by nitrocloud · · Score: 1

      And when they are arrested... the IRS backslaps them with nice fines!

      --
      Karma: Good, or bust!
    25. Re:Oh for god's sake by ratamacue · · Score: 1

      More importantly, abolishing prohibition would eliminate the violent crime which is an inevitable side effect of prohibition. During alcohol prohibition, murder and violent crime rates skyrocketed. When alcohol prohibition was overturned, the crime rates dropped right back down to what they were before prohibition.

      Just as alcohol prohibition gave rise to organized crime, "modern" prohibition gave us the Bloods, the Crips, and drive-by shootings. We don't see people gunning down each other in the street over caffeine or nicotine, do we? There's a very good reason for that: caffeine and nicotine are legal products which are bought and sold in a legal market. In the legal market, producers and consumers must abide by the rules of voluntary association (i.e. contract law). In the black market, there is no such rule.

    26. Re:Oh for god's sake by Sivaram_Velauthapill · · Score: 1

      How is the tax service going to determine how much illegal profits were generated?

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    27. Re:Oh for god's sake by x159 · · Score: 0, Troll

      If you let corporations (or private businesses) run the drug trade, the govt can control them. A few words: Microsoft, Enron, tobacco companies, etc - Do you really think the government can control them?

      --
      Your Silence speaks more than words ever could.
    28. Re:Oh for god's sake by pmz · · Score: 1

      Enlighten me on how the drug industry, addiction, and kids messing up their life is a victimless crime...

      One, harming one's self is not (or should not be) a crime. Any victimization due to drugs, alcohol, tobacco, etc. is generally that of other people affected. For example, if a drunk driver kills himself by hitting a tree, that is good (very good), but if a drunk driver kills someone else, that is murder.

      Two, prohibition leads directly to organized crime and all the pain and suffereing caused by it. Extortion, racketeering, blackmail, murder, you name it. The inner cities of the USA are the victims of drug prohibition.

      Of course, drugs that are insanely dangerous and can kill in one dose should be considered for banning. But banning marijuana is just stupid, for example.

      So, legalizing most drugs would:

      - drop the prices of drugs immensely, freeing some people from lives where crime is the only way to pay for their fix. An addict could at least get a shitty job to pay for their addiction or take money otherwise wasted on drugs and seek therapy.
      - suprisingly to most people, crime rates would drop everywhere as organized crime evaporates and drug-related theft and murder vanishes.

      The war on drugs is a good example of how bad the "we must think of the children" philosophy of lawmaking can get. It is naive, short-sighted, and ultimately very harmful to our society.

    29. Re:Oh for god's sake by pmz · · Score: 1

      go to an Al-Anon meeting and survey some of the damage those non-victims have been put through.

      The victimization directly due to the war on drugs makes these "Al-Anon" meetings look like an episode of the Care Bears. Organized drug crime in cities results in murder, theft, and fear. The victimization you speak of is just the teary-eyed garbage the Democrats use to forward their agendas.

    30. Re:Oh for god's sake by hesiod · · Score: 1

      > a person that wants drugs can get it WHENEVER they want.

      Psh, I wish I could get drugs whenever I wanted...

    31. Re:Oh for god's sake by nitrocloud · · Score: 1

      The appraise drugs that were siezed. Over appraise that is!

      --
      Karma: Good, or bust!
    32. Re:Oh for god's sake by Sivaram_Velauthapill · · Score: 1

      Psh, I wish I could get drugs whenever I wanted...

      Depending on your age, here are some options... if you are a teen, walk into your neighbourhood high school... if you are older, walk into a night club... and if all that fails, find the poorest neighbourhood in your area and go and stand on the road making sure you are seen as an outsider...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    33. Re:Oh for god's sake by Sivaram_Velauthapill · · Score: 1

      Microsoft is a result of free market capitalism. Don't expect capitalist governments to carry out anticapitalist actions unless it benefits them (i.e. some competiting lobby group pays them off; Netscape, Sun, and now Linux don't have enough money to "buy" the politicians).

      On to drugs...

      Whatever flawed govt control that will exist will be better than RIGHT NOW. Also, as I mentioned, corporations, as sleazy as they are, only consider violence as a last resort. I can't see too many (physical) wars of drugs, whereas this is a common thing nowadays... A free market run by monopolists and oligopolists is better than a black market run by drug lords/organized criminals...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
    34. Re:Oh for god's sake by hesiod · · Score: 1

      > here are some options...

      I'm not a teen, there aren't really any night clubs, and people don't generally walk up to a stranger offering to sell drugs in West Virginia. Except Crack, which I'm not touching. Oh well, I guess if it's harder to find, it makes it more fulfilling in the end.

    35. Re:Oh for god's sake by Sivaram_Velauthapill · · Score: 1

      Crack is cool. You an become a crackhead like all the addicts... Obviously you don't live in the right part of town ;)

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
  5. I , for one by Anonymous Coward · · Score: 0

    Welcome our new Tax lords.

    1. Re:I , for one by inteller · · Score: 1

      I, for one, want to shoot some fucking state politicians in the face. If these states think this will save them from their deficits due to THEIR mismanagement of funds, they've got another thing coming. Sales will dry up faster than the dust bowl and these suckers will find themselves with LESS commerce than before. Don't FUCK with a good thing!

  6. Overtaxing in the modern world by treat · · Score: 1

    Obviously, current tax rates are too high. The last 100 years has brought tax rates vastly greater than at any point in history.

    Does anyone make estimates on what portion of our tax money goes to absolute waste, kickbacks, bribes, and war?

    1. Re:Overtaxing in the modern world by peragrin · · Score: 1

      um taxes, in general have truely only been around for a hundred years at least the way we know them. There were some back before the 1900's but not many. Unless someone who is a bit more versed in history proves me wrong

      --
      i thought once I was found, but it was only a dream.
    2. Re:Overtaxing in the modern world by airConditionedGypsy · · Score: 1
      Read the following books:

      War and the Rise of the State, by Bruce D. Porter

      Ride of the Second Horseman, by Robert L. O'Connell

      A History of Warfare, by John Keegan

      Every modern state has had a system of taxation, and WW2 enabled the US Federal government to tax its citizens far beyond what they had experienced up to that point.

      --
      I bootleg Fizzy Lifting Drinks.
    3. Re:Overtaxing in the modern world by Shipud · · Score: 1

      Actually, maximal marginal tax in the US is 40%, one of the lowest in any developed economy. So are the various State sales taxes. Of course, weekly work hours are longer, and health, retirement and pre- and post K-12 education are mostly or fully controlled by the private sector. Tradeoffs.

      --
      /sdrawkcab si gis siht
    4. Re:Overtaxing in the modern world by SoSueMe · · Score: 1

      In the 1690's-1700s, Peter the Great introduced a "beard tax". Anyone who wished to sport facial hair had to pay a tax. This is one of the more wierd ones I remember reading about.

      Strange and malevolent taxes are quite a big part of global history.

    5. Re:Overtaxing in the modern world by d3faultus3r · · Score: 0, Interesting

      450 billion goes to the military
      150 billion goes to corporate subsidies
      the federal budget is in total something like 1.2 trillion dollars. so basically half our tax dollars are going to the military and various failing big corporations(ie. telcos, many airlines). and then you count the various Justice Department pet projects and Bush's landing on aircraft carriers and you get 3/4 of our national budget spent on waste and war.

      --
      read my blog
      musings on politics and technol
    6. Re:Overtaxing in the modern world by Wyatt+Earp · · Score: 1

      Actually the Income Tax in the United States came about to pay for the Civil War.

      From our friends at the IRS - who are still deciding if my grandmother who has been dead for 19 months is really dead or if it's a tax dodge.

      "Before the U.S. Constitution was ratified in 1788, the federal government lacked the power to raise revenue directly. Even after the Constitution was ratified, federal revenues came mostly from tariffs and excise taxes. These taxes tend to be regressive, because people with lower incomes had to pay a higher percentage of their income than did people with higher incomes.

      "During the Civil War, the federal government required much more revenue than the tariffs and excise taxes could provide. A tax on income was established in 1862 but was abolished after the war. The ratification of the Sixteenth Amendment in 1913 gave Congress the right to levy and collect income taxes. Income taxes tend to be progressive because they tax a larger percentage of income from high-income groups than from low-income groups."

      http://www.irs.gov/app/understandingTaxes/jsp/s_ st udent_lessons.jsp

    7. Re:Overtaxing in the modern world by peragrin · · Score: 1

      I shall look into that bit of knowledge. when I can find the time to get away from my computer of course

      --
      i thought once I was found, but it was only a dream.
    8. Re:Overtaxing in the modern world by Ohreally_factor · · Score: 0, Flamebait

      Don't forget that 87 Billion will go to the friends and business associates of the current administration. I sort of wish they had skipped the war and just transfered the money directly to Bechtel and the others.

      --
      It's not offtopic, dumbass. It's orthogonal.
    9. Re:Overtaxing in the modern world by Detritus · · Score: 1
      Bullshit. Have you bothered to look at the actual numbers?

      About half of the federal budget goes to Social Security, Medicare, Medicaid and other entitlement programs. Then add on a healthy chunk for interest on the debt.

      --
      Mea navis aericumbens anguillis abundat
    10. Re:Overtaxing in the modern world by skywire · · Score: 1

      The waste, kickbacks and bribes, which we unfortunately will always have with us, are a mere drop in the bucket compared to the open and 'legal' spending on blatantly unconstitutional 'social programs' and corporate welfare. Merely enforcing the explicitly stated (see Article I) constitutional prohibition of acts outside the powers granted Congress would cut the federal budget by at least half. If you don't believe it, just check out the spending pie charts that the politicos proudly wave.

      The politicians just love it when we are distracted by the the relatively inconsequential graft while missing the fact that they are robbing us blind in plain sight.

      --
      Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.
    11. Re:Overtaxing in the modern world by tftp · · Score: 2, Insightful

      This was not a weird tax at all. Peter wanted to move ancient, ossified and bound with old customs Russian society toward much more modern and agile West. As part of that, he wanted to promote Western ideas - clothes, language, customs. Western men usually didn't wear beards then, and in their eyes a beard was probably a sign of a savage.

  7. Please come to Canada by Anonymous Coward · · Score: 1, Funny

    Bring your servers.
    Bring your jobs.

    1. Re:Please come to Canada by Anonymous Coward · · Score: 0


      String.Replace("Canada","India")

    2. Re:Please come to Canada by the_other_one · · Score: 1

      Shipping goods from Canada will be faster and cheaper than shipping them from India due to it's close proximity to the US. Mexico would probably also be a good choice.

      --
      134340: I am not a number. I am a free planet!
    3. Re:Please come to Canada by Camel+Pilot · · Score: 0, Flamebait

      What? If I am not mistaken Canada has a double digit sales (goods and services) tax rate and one of the highest income tax schedule in the world.

  8. California by boarder · · Score: 1

    Well, seeing as how I already pay 8% sales tax online in California (since most online retailers are based in CA), this might have the effect of LOWERING the tax I pay. It depends, of course, on the tax rate they choose for this "Unified" system. If the rate is lower, will CA join up seeing as most places sell from CA and the state already gets a ton of money?

    --
    IANAL, but I play one on /.
    1. Re:California by SoSueMe · · Score: 1

      ...this might have the effect of LOWERING the tax I pay
      That's a good one!
      Whenever a tax is lowered in one area, there is an increase to make up for it in another one.

    2. Re:California by _avs_007 · · Score: 2, Informative

      Unless I'm smoking some bad crack, (and I could be ;) , I read that the unified tax system was nothing more than a set of guidelines defining how things get taxed, not if things get taxed.

      For example, Orange Juice gets taxed as a beverage as opposed to fruit. But that doesn't say anything about if food items are exempt or not. In some jurisdictions it just plain depends. For example, oregon has no sales tax, but in southern oregon, there is a fast-food tax.

      I know when I lived in LA, LA county and Orange county had different tax rates. I've seen some municipalities where zipcodes are used to differentiate tax rates, even if multiple zipcodes are in the same city.

      I also remember a while back, it was posted that in Colorodo, some items are only taxable at certain times of the year. I think there was some special holiday where that particular class of item was not taxable or something like that.

      All of this really makes it a pain for the seller to keep track of. That's why I think its natural that a seller only be obligated to charge sales tax according to their LOCATION(s).

    3. Re:California by eric76 · · Score: 1
      I also remember a while back, it was posted that in Colorodo, some items are only taxable at certain times of the year. I think there was some special holiday where that particular class of item was not taxable or something like that.

      We have had that in Texas the last few years.

      In my opinion, it's a good time to stay out of the stores. You might save a couple bucks, but the irritation of dealing with all those crowds isn't worth the aggravation.

  9. What a great idea! by Snarfangel · · Score: 1, Troll

    Politicians spend money so much more wisely than the average person.

    --
    This tagline is copyrighted material. Please send $10 for an affordable replacement.
    1. Re:What a great idea! by Snarfangel · · Score: 1

      Sorry, my /sarcasm tag was missing.

      --
      This tagline is copyrighted material. Please send $10 for an affordable replacement.
    2. Re:What a great idea! by Sivaram_Velauthapill · · Score: 1

      People on slashdot have neither a sense of humour nor a sense of sarcasm... I can't believe people mod things as flamebait and troll when it is blatantly obvious...

      Sivaram Velauthapillai

      --
      Sivaram Velauthapillai
      Seeking the meaning of life... @slashdot of all places ;)
  10. OFF TOPIC GRAMMAR NAZI AHOY by Anonymous Coward · · Score: 1, Informative

    This is a pet peeve:

    "This will wreck havoc "

    wreak, goddamnit, it is WREAK FUCKING HAVOC

    1. Re:OFF TOPIC GRAMMAR NAZI AHOY by Anonymous Coward · · Score: 0

      kudos, grammar nazi! I am so sick of that one.

    2. Re:OFF TOPIC GRAMMAR NAZI AHOY by Anonymous Coward · · Score: 0

      I wouldn't really call that grammatical issue. He simply used the wrong word. ITS CALLED A FAUX PAX GODDAMNIT! A FAUX PAX!

    3. Re:OFF TOPIC GRAMMAR NAZI AHOY by brain159 · · Score: 1

      ... that's faux pas (literally means "false step").

    4. Re:OFF TOPIC GRAMMAR NAZI AHOY by Anonymous Coward · · Score: 0

      it's a false peace?
      how appropriate, considering we're having a fight over grammar...

    5. Re:OFF TOPIC GRAMMAR NAZI AHOY by Anonymous Coward · · Score: 0

      Fighting over english grammer.

      Cry havoc and let slip the dogs of war.

    6. Re:OFF TOPIC GRAMMAR NAZI AHOY by vacuum_tuber · · Score: 1

      I think grammar and spelling Nazis should be armed and equipped with a license to kill, don't you?

      --
      Look at the bright side: there's always seppuku.
  11. and by Anonymous Coward · · Score: 0, Interesting

    ...the very moment it is passed, it will be voted down unanimously by the Supreme Court because states cannot tax other states. This is black-letter Constitutional law.

    1. Re:and by Anonymous Coward · · Score: 0

      you know nothing of supreme court jurisdiction..

      the SCOTUS cannot just at its own will decide a law is unconstitutional.

      it has to start with lawsuit and make its way up the appeals chain.

    2. Re:and by Anonymous Coward · · Score: 0

      Nope. The Supreme Court can invoke direct and immediate authority over any Federal suit at their discretion the very moment it is filed.

      But thanks for playing.

  12. its called VAT by Anonymous Coward · · Score: 0


    and we in the UK have been paying 17.5% on all sales for years, even you pay it when you come here

    of course the genius is it hurts the poor while the rich dont even notice it
    as it takes a greater % of poorer peoples total disposable income compared to the rich, we all use toilet paper and toothpaste

    1. Re:its called VAT by Anonymous Coward · · Score: 0

      Income tax is more progressive than value-added tax. Hands down.

      Here in Massachusetts, grocery and clothing sales under $50 have no tax, also periodicals. It's much better for the poorest people, and it's nice for kids and small businesses too.

    2. Re:its called VAT by mclove · · Score: 1

      That's just bad economic sense. The effect of higher sales taxes is to penalize spending and encourage savings; the rich who save and invest their money instead of frittering it away pay less tax than the ones with expensive tastes, and same goes for the less rich. 20% of a $300,000 sports car is enough for even the rich to notice.

  13. no valid basis for sales tax by frovingslosh · · Score: 4, Insightful

    When I (in North Carolina) buy something on the Internet from, say, Oregon, where does the sale actually take place? I would certainly say Oregon. Add to that the concept that any extra tax on it by North Carolina certainly is an unconstitutional infringement on Interstate trade. The state provided no benefits to such a sale (one can argue, although lamely, that they provide things like police and fire protection to "real" stores), their only claim on taxing the sale is greed.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:no valid basis for sales tax by Anonymous Coward · · Score: 0

      Add to that the concept that any extra tax on it by North Carolina certainly is an unconstitutional infringement on Interstate trade.

      Ding! Ding! Ding! We have a winner!

    2. Re:no valid basis for sales tax by NanoGator · · Score: 1

      "When I (in North Carolina) buy something on the Internet from, say, Oregon, where does the sale actually take place? I would certainly say Oregon."

      North Carolina would argue that they get the tax because they lost taxes from local business.

      I'm not sure which side I'm on here. Each one has it's ups and downs. Tax based on where the custommer lives, and you have a complex system. Tax where the company is, and one state will become the haven for all of these businesses.

      --
      "Derp de derp."
    3. Re:no valid basis for sales tax by switcha · · Score: 2, Interesting
      Interesting you pick Oregon. I'd like to see how this nets out for us, seeing as how we don't have a sales tax.

      I believe the state of the buyer collects normal sales tax, as I've never had to pay sales tax when buying things from out-of-state.

      --
      You know what? ... A little club soda *did* get that out!
    4. Re:no valid basis for sales tax by Colazar · · Score: 1

      It depends on the Sales Tax law.
      In the two states I am familiar with (Washington & California) the sale takes place at the point of *delivery*.

      In general, I would expect to be taxed based on the point where title passes. That would probably happen at the point that the consumer signs for the package.

      --
      He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
    5. Re:no valid basis for sales tax by QuantumRiff · · Score: 1

      Well, i'm kinda hoping that the tax is based on seller location, cause that would mean lots more tech jobs here for me. Recessions suck ass when your a government employee..

      --

      What are we going to do tonight Brain?
    6. Re:no valid basis for sales tax by Fluid+Truth · · Score: 1

      Though I think I agree with you that NC provided nothing for you (with the possible exception of road maintenance for the delivery company), that's just not how it works, right now. Technically, sales tax or value added tax, depending on where you are, is collected because of where the product will be used. Now, whether that's right, I won't argue.

      But that is why you can get reimbursed for this tax when you leave a country you've been visiting. When I went to England, if we'd had all our receipts in order, we could have gotten all of our VAT refunded to us, since we weren't going to be using the products in that country. Didn't matter where the transaction took place.

      --
      Apparently, of the rich, by the rich, for the rich.
    7. Re:no valid basis for sales tax by _avs_007 · · Score: 1

      Even the point of delivery can be confusing. I bought a refrigerator in Oregon, and picked it up myself, and drove it to washington where I live. No sales tax. A few days later, oil was leaking from the refrigerator. So I got a warranty replacement through Circuit City. Circuit City tried to charge me sales tax, saying that they are delivering a new fridge to WA, which subjects it to WA sales tax. It took lots of yelling and elevation to higher management for the boneheads to realize this was NOT A PURCHASE, it was a WARRANTY REPLACEMENT.

    8. Re:no valid basis for sales tax by Anonymous Coward · · Score: 0

      It's worse than that. A very resonable setup could be something like.

      -Living in NC you purchase something from a company headquartered in OR.
      -The company's catalog web site where you chose what to buy is physically located in CA.
      -The company's financial web site where the order was entered and the transaction took place is located in NY.
      -The item is not in the company's inventory but is dropped shipped from the manufacturer located in WI.

      What if WI law says that since the goods were shipped from there, the sale happened there. But NC law might say the address of delivery is the place of transaction. But the terms of use for the financial web site say that the laws of NY apply. So who gets the tax? How is it tracked? And what if your father in OK bought the item but had it shipped to you in NC?

      Any rules they come up with will be non-sense, just as most tax rules and law are.

      The internet will become the "Outlet Mall" of retail since shipping costs on top of retail price and the tax will make it too expensive to sell first run items.

    9. Re:no valid basis for sales tax by SoSueMe · · Score: 1

      "Tax where the company is, and one state will become the haven for all of these businesses."

      Tax where the company is, and no state will become the haven for any of these businesses.

    10. Re:no valid basis for sales tax by Anonymous Coward · · Score: 0

      How about I pick another country, such as Canada or any country for that matter. I would like to see how this affects reports blaming more jobs moving to other countries.

    11. Re:no valid basis for sales tax by Colazar · · Score: 1
      Of course, you paid Use Tax for that refrigerator once you brought it into Washington, didn't you?

      (Actually, you should be aware that the WA Department of Revenue will do searches on sales of big ticket items in Oregon to Washington residents, and can follow up on whether you have paid the tax on it. How can they get sales records from an Oregon company, you ask? If it's a chain that does business in both states, they can get access as part of their audit of the WA branch. They usually only pursue really valuable things like cars or boats or jewelry, but you never know.)

      --
      He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
    12. Re:no valid basis for sales tax by Anonymous Coward · · Score: 0
    13. Re:no valid basis for sales tax by BitterOak · · Score: 1
      Tax based on where the custommer lives, and you have a complex system.

      Tax based on where the customer is and you'll have remailing services set up in states with no sales tax. People will get their goods shipped there, pay no tax, and the remailing services will ship products to the consumer. This would only work on big ticket items where the potential sales tax would far outweigh the extra shipping and service fee, but it could effectively foil the system.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    14. Re:no valid basis for sales tax by TPFH · · Score: 1

      You took my line.....

      Anyway, I love living in a state with no sales tax.
      I think how the law is supposed to work is you pay sales tax to the state you live in. So theoretically, when you buy mailorder from another state and don't pay sales tax, you are supposed to report that on your state income tax form to pay your sales tax.

      Also, when you travel to another state you are not supposed to pay the other state's income tax. When I go to Washington I can show them my Oregon ID in most places and not have to pay sales tax. But then recently I traveled to the mid-west and asked if they could do this and they just got really confused.

      Now if the new laws propose that they charge sales tax based on the seller's state then that really isn't much of a change in the law. It is just like Mailorder has worked for years and years, and the way that a lot of internet retails already work. It also has a simple solution for companies with no brick and motar stores: Move the company to Oregon. (And give me a job!)

      If the new laws propose that the sales tax is charged based on the buyer, but that the seller has to collect and account for the taxes then that will be one bug f@&*ing nightmare. Could you imagine having to keep track of the different sales tax rates for the 48 states (I think) that have sales taxes, and then to file a tax report to all of those 48 states? And what if you get audited. Not fun.

      Hopefully, as some have suggested, such a law would be a violation of interstate commerce, and more companies will move to Oregon.

      Did I mention that I think that sales taxes suck?

      --
      This signature used to contain a cute kitty virus with ansii art. Please set the slashdot editors on fire. Thank you
    15. Re:no valid basis for sales tax by _avs_007 · · Score: 1

      sounds like a crock to me... (not saying its false, just that I think its a crock) But yes, I do pay sales tax on all our cars.

      What I mean is... So what if I buy jewelry. Is WA saying if I buy a diamond, and give it to my parents who live in oregon, I still have to pay taxes on it?

    16. Re:no valid basis for sales tax by Anonymous Coward · · Score: 0

      want to make it more complex? suppose the web hosting is in a 3rd state. and maybe you want to have it shipped to a 4th state (as a present). Where is 'the sale' actually occuring?

      if you go with where the server is that takes the order, hosting in states with no sales tax (Oregon, Alaska, Montana, ect) will have a boom on hosting.

    17. Re:no valid basis for sales tax by cableshaft · · Score: 1

      I live in the Midwest (Illinois, specifically), and the way I understood how it works here is that if you're from another state, you still have to pay sales tax, but you can mail copies of the receipt to... the state government I think, with a form of ID and they'd mail you a refund, or some ridiculous scheme like that. I've never had to do it, obviously, I just remember hearing about it a while back.

      I know I never paid attention to what state people were from when I worked retail here. I don't even think we had an option on the registers to remove sales tax from the order.

      --
      Creator of the popular web game Proximity
    18. Re:no valid basis for sales tax by frovingslosh · · Score: 1
      want to make it more complex? suppose the web hosting is in a 3rd state. and maybe you want to have it shipped to a 4th state (as a present). Where is 'the sale' actually occuring?

      Which brings me back to my original point, the sale happens where the seller is. The Supreme Court of the U.S. actually has already ruled pretty much that, in a case dealing with mail order years ago, when they ruled that a mail order seller could not be required to collect sales tax for a state in which they did not have have a physical presence (such as a store). Yes, it does get more complex when the company has a store in your state but you still mail-order from a location outside the state, but the basic concept is sound.

      if you go with where the server is that takes the order, hosting in states with no sales tax (Oregon, Alaska, Montana, ect) will have a boom on hosting

      OF course it will, which makes perfect sense to me. Those states that don't pass regressive laws that harm business (as well as citizens) will see better business growth than those who do. How could anyone not think this was reasonable?

      --
      I'm an American. I love this country and the freedoms that we used to have.
    19. Re:no valid basis for sales tax by Colazar · · Score: 1
      No, in that case you wouldn't have to pay the use tax. You only have to pay use tax on things that you end up actually using in the state of WA.


      The DoR might make you prove that the jewelry stayed in OR, though. (Probably not worth their time unless it was really expensive.)

      --
      He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
  14. Route around the problem by Anonymous Coward · · Score: 1, Interesting

    So, the online vendors will simply stop selling online, and you will only "prepare" your order online. Then the customer will call over the phone to finalize the order, and the sale will be just another phone order.

  15. online and offline tax consistency by clovercase · · Score: 1

    a no-tax system would the internet an unfair advantage over business who use mail-order catalogs for example. AFAIK, all businesses (online and offline) currently have to charge sales tax for purchases within their state. if this legislation passes, it seems that the pendulum would swing the other way, giving a distinct disadvantage to internet retailers.

    whatever is decided - it should be the same for all types of business, online or not.

    1. Re:online and offline tax consistency by strikeeagle · · Score: 2, Insightful

      The sale tax situation for internet sales is no different than for mail-order catalogs. They are the same. So things are already equal for them.

      All small business owners need is something else to burden their time. Where's the hue and cry against all the "evil-non-tax-paying" mail order companies? Internet businesses are simply mail-order companies. The main difference is only the media of the catalog.

  16. Boo this Man!! by cortez · · Score: 1

    What happened to interference with interstate commerce?

    --
    Paizurishitetai desu ka?
    1. Re:Boo this Man!! by Anonymous Coward · · Score: 0
      The Constitution allows states to collect taxes on imports iff Congress gives them permission and the net proceeds of the taxes go to the United States Treasury.

      States have for many years used physical presence of any part of a business as a means to impose interstate sales tax. I believe that the U.S. Supreme Court has allowed that.

      States have also tried to impose something that is blatantly unConstitutional: the use tax that is not applied to in-state purchases, is not approved by Congress, and does not go to the Treasury. There is at least one state Supreme Court ruling claiming that use tax is Constitutional, but states have self-interest in that outcome, and the ruling that I browsed was specious (to say the best).

      Now states want to get Congressional permission for interstate Internet sales taxes. Speaking strictly from a Constitutional standpoint (not a "good or bad" one), Congress can do this, but only if the Treasury gets the loot. Somehow, I don't think that's what the states have in mind.

    2. Re:Boo this Man!! by budgenator · · Score: 1

      What happened to interference with interstate commerce?

      actualy your are supposed to pay the sales/uses taxes for your purchases, the retailer is just pressed into service to collect them, your state could just as easily have the retailer report sales to them and the state could just compare lists and hit you for interess and penalties on what you didn't cliam on your taxes.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    3. Re:Boo this Man!! by cortez · · Score: 1

      Somehow, someway, Mitt Romney is responsible for this. (He's the governor of my home state. I blame him for everything bad that happens.)

      --
      Paizurishitetai desu ka?
  17. Supremely Bad News for Small Sellers by Schlemphfer · · Score: 4, Insightful
    I've been following this issue, and it seems to me that the real story here is the potential for sales tax to make Mom & Pop Internet stores impossible.

    It seems there's some controversy in how this thing would be implemented. The authors wanted stores with annual sales of less than about $5 million to be exempt from the tax, since keeping track of sales tax for fifty different states is incredibly cumbersome. Amazon, however, wants a much lower limit. They're trying to force businesses who take in at least 25 or 50 grand each year to pay sales tax.

    I think it would be a real shame if this thing goes through, with taxes kicking in at sales in the tens of thousands of dollars. As Amazon must well know, setting up sales tax collection and payment for 50 states would be an absolute nightmare for small sites.

    I mean, what a disaster. You're running a site with $55,000 in sales, and now you've got to administrate collecting and routing sales tax for 50 different states, even though you only take in 1500 orders a year. Think of all the paperwork and hours lost, all for the sake of, say, $60 tax per state.

    That explains why sites like Amazon.com would be willing to endorse a proposal that cuts into their profits. It's obviously worth losing a few percentage points on the bottom line, if doing so creates new barriers of entry to tiny upstarts.

    --
    I'm generally "Interesting," "Insightful," and even "Funny" here. What the hell happens to me at parties?
    1. Re:Supremely Bad News for Small Sellers by hoover10001 · · Score: 1

      And don't forget that it's not just states. In a lot of cases, sales taxes are charged at a locality basis.

    2. Re:Supremely Bad News for Small Sellers by Colazar · · Score: 1
      I've worked as an accountant in a mail-order business, and was responsible for paying Sales Taxes in the places where we had physical stores, so I know exactly what you're saying.

      When this idea was first being kicked around, the idea was that it would only happen if everything was drastically simplified. The rules for what's taxable, the definition of point of sale, the tax rates, everything.

      If all the store has to do is collect 5% (or 8% or whatever) on every sale, and then mail the right amount to each state every quarter, well, that's a pain, but that's reasonable. But if they have to keep track of what the proper sales tax is for each state (or county!) individually, then that isn't reasonable.

      Remember, the Supreme Court struck this down in the first place because it wasn't reasonable for shippers to be able to keep track of everything. If they don't keep it simple, the Court should strike it down again.

      --
      He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
    3. Re:Supremely Bad News for Small Sellers by pokka · · Score: 1

      It may be complicated for a mom & pop store to manually calculate sales tax for 50 states, but it's trivial for them to purchase or download software which does 98% of the work automatically. I could see this being an issue before software was cheap and readily available, but do you really think it's a problem today?

    4. Re:Supremely Bad News for Small Sellers by invckb · · Score: 1

      The bill says the states have to pay you a "reasonable" amount to cover the costs of collecting and reporting the sales taxes. I bet all kinds of companies (credit card processors to start with) are going to throw software and services at you to get that money.

    5. Re:Supremely Bad News for Small Sellers by mercuryresearch · · Score: 1

      Amazon would more likely want this not to create barriers for tiny upstarts, but to sell services to those tiny upstarts. Think about it: amazon can easily manage the tax-keeping burden for them as part of their "Amazon Marketplace" program where they set up small sellers with simple internet stores. Make it a hassle for small businesses by requiring tax collection for 3700 jurisdictions, and those sellers are incentivized to have someone else do it for them.

    6. Re:Supremely Bad News for Small Sellers by Anonymous Coward · · Score: 0

      Trivial? Ok, say I'm ordering, let's see, one of those little 6-pot herb planting kits. My address is 8340 White Antelope Dr, Colorado Springs, CO 80908. What's the correct tax and who does it go to?

    7. Re:Supremely Bad News for Small Sellers by Rasta+Prefect · · Score: 2, Informative
      It may be complicated for a mom & pop store to manually calculate sales tax for 50 states, but it's trivial for them to purchase or download software which does 98% of the work automatically. I could see this being an issue before software was cheap and readily available, but do you really think it's a problem today?

      In a word: Yes. Taxes suck. Many trees die. Having to do them under 50 sets of state rules would be a nightnmare. I frequently purchase things for a University Organization. At those retailers located only in North Dakota, I have an easy time of it. I just have to tell them my tax ID number, I buy things tax exempt. The larger retailers (Walmart, Target) are much more complicated. Walmart requires I have a card with me every time. The target cashiers interrogate me and enter all the information into the register, then make me fill out about 10 feet of paper tape.
      Calculating the amounts isn't the problem, filling out and filing the paper work on an quarterly basis is. Not to mention what happens when all the localities with their own sales taxes inevitably get into the mix...

      --
      Why?
    8. Re:Supremely Bad News for Small Sellers by Camel+Pilot · · Score: 1

      My reaction was identical as the one you expressed until I did the unslashdot thing and read the article (bill in this case). The tax does not apply for companies with less than $5M in sales. whew! that sounds like this bill maybe a boon to ma and pa.

    9. Re:Supremely Bad News for Small Sellers by sanschag · · Score: 1
      As others have said, it's not only the 50 states but many counties and cities have their own tax rates. According to the Joint Venture: Silicon Valley Network there's 6,000 sales/use tax jurisdictions in the US. (They do admit that many municipal ones use the same rules as the state.) I also do not know how if works in cases where one would have a mailing address in a taxing city but live outside the city. (It is quite common in Michigan to have such an address.)

      Aside from the simple locations, I believe the biggest hurdles will be what is taxed and how. I realize that the states are trying to draw a plan for uniformity, but I have a very hard time believing that certain industries in states will give up their tax exempt status (e.g., clothing). I've even heard of a case in Ohio(?) where fashion scarves are taxed as "nonessential" clothing while scarves to keep warm are exempt as "essential" clothing. (The decision was left up to the local tax enforcers.) So now we have to expect business to track these minute details for 6000 jurisdictions?

  18. well someone has to pay for Iraq by Anonymous Coward · · Score: 0


    you think that 4 billion a week was going to come from the tooth fairy ? haliburton needs the cash yo

    welcome to your national debt, enjoy your 25 years of paying it back, iam sure you childrens chlidren will enjoy paying it too

    1. Re:well someone has to pay for Iraq by bladernr · · Score: 1
      you think that 4 billion a week was going to come from the tooth fairy ? haliburton needs the cash yo

      welcome to your national debt, enjoy your 25 years of paying it back, iam sure you childrens chlidren will enjoy paying it too

      The Sales Tax would not go to the federal budget, and so would not help the federal defict. Haliburton is paid by the federal government, no the state governments. Internet sales tax will do 0 to pay for the defict or rebuilding Iraq. These are (mostly) unrelated issues (they only relate in lowering the amount of money the states go begging the federal government for... which is good, let the states take care of themselves).

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    2. Re:well someone has to pay for Iraq by JayBlalock · · Score: 0, Flamebait
      Actually, while the original poster probably didn't realize it, he's right in a roundabout way.

      The main reason all the states are in such a budget crunch (last time I checked, something like *5* states are still in the black) is that the Feds have been imposing Unfunded Mandates on them left and right. You know how we all snickered whenever the Rainbow Wheel of Terror got raised to Orange or Mauve or Oh Shitium or whatever? The state governments weren't laughing - every time that happened cost them millions per day. (depending, of course, on the size of the state) And they didn't see a penny from the Feds to help pay.

      So when Bush announced his tax cuts, that virtually doomed the states. Either they raise taxes themselves, or they go bankrupt. (or, even worse, they lay off workers when unemployment is already rising universally) Fiscally, it was unimaginably bad. The money "budgeted" for the tax cuts should have been sent to the states to keep their economies stable, since for the most part it was Federal demands that were breaking them. But it didn't happen.

      And it continues to not happen, as Bush pushes to send another $87 billion out of the country and into Iraq. Much of that WILL go into Halliburton coffers thanks to the contracts they have with the Feds. While, in the meantime, the States end up having to be the Evil Statist Trolls that are forced to raise taxes. (also not a good thing if the economy is struggling).

      This is a particularly bad thing, though, because it's going to seriously hurt eCommerce. They're turning their guns on a particularly fragile chunk of the economy. Damage done now will take a long time to undo, if ever. They should be a bit more smart in raising taxes - like incremental increases in sales tax or income tax.

      Another bad idea being done badly.

      --
      Bush: He's Liberal in all the wrong ways.
    3. Re:well someone has to pay for Iraq by JayBlalock · · Score: 1

      You know, Flamebait usually isn't this well-reasoned or lengthy. While I admittedly did not include citations, everything I say is based in fact. If you disagree with my conclusions, please post a rebuttal.

      --
      Bush: He's Liberal in all the wrong ways.
    4. Re:well someone has to pay for Iraq by Anonymous Coward · · Score: 0

      how is this flamebait ? its a good answer to the AC's points

  19. Small Entrepreneurs by annielaurie · · Score: 2, Interesting

    Just after reading the CNet article, this looks as though it could cause real headaches for small business owners.

    Let's see. Small scale businesses would be collecting sales taxes for virtually every jurisdiction in the country, dealing with the choking amounts of spam, fending off people who want to steal the domain or commit other mayhem, paying the self-emplyment tax, and contending with all the other paperwork. Where's the incentive to keep going (much less the time to devote to the actual goods or services)?

    We could probably save a bundle by doing away entirely with the Small Business Administration. At this rate, they won't have much to administer.

    --
    DUCT TAPE: The Election Supervisors' Secret Weapon
    1. Re:Small Entrepreneurs by Anonymous Coward · · Score: 0

      We could probably save a bundle by doing away entirely with the Small Business Administration. At this rate, they won't have much to administer.

      They don't have much to administer anyway. Completing the paperwork necessary to complete an SBA loan application takes six months and costs about $20,000, only to find the bank turns you down anyway.

      Now, if you want to borrow $800,000 to go to college...

    2. Re:Small Entrepreneurs by noname3 · · Score: 1

      The Supreme Court ruled in 1992 that retailers who used catalogs and other means to sell products to customers in another state could not reasonably be required to comply with the myriad of different tax rates and rules in force across thousands of state, county and city jurisdictions. As a result, a state may only require the remittance of sales taxes from such merchants if the merchant has a physical presence in the state. It's similar to internet sales in Canada: If you order from a company based in your own province, you're charged provincial sales tax and federal sales tax. Unfortunately, if Canadians import stuff from out of the country we wind up paying 15% HST (Harmonized Sales Tax) to customs.

    3. Re:Small Entrepreneurs by rjljr · · Score: 1

      Read the proposed law. There is a 'small business' exception (Sec 4(c)) that might make this particular objection moot.

      --
      -> Ron Legere I can never think of anything clever to put here.
  20. RTFA by Anonymous Coward · · Score: 0

    its the states getting the money here, not the nat'l government.

    The knee-jerk anti-war people are just as bad as the knee-jerk war supporters

  21. U.S. Constitution Article I Section Nine by Anonymous Coward · · Score: 5, Informative

    "No Tax or Duty shall be laid on Articles exported from any State."

    That about wraps it up.

    1. Re:U.S. Constitution Article I Section Nine by JayBlalock · · Score: 1

      Sadly, thanks to 200 years of deliberate mis-application and resulting precedents, the Interstate Commerce Clause trumps it.

      --
      Bush: He's Liberal in all the wrong ways.
    2. Re:U.S. Constitution Article I Section Nine by Chester+K · · Score: 1

      "No Tax or Duty shall be laid on Articles exported from any State." That about wraps it up.

      Since when have lawmakers started reading and obeying the Constitution?

      --

      NO CARRIER
    3. Re:U.S. Constitution Article I Section Nine by Un+pobre+guey · · Score: 1
      That about wraps it up.

      Wrong. This is sales tax for intra-state transactions, or those with retailers that are in the buyer's state of purchase:

      As a result, a state may only require the remittance of sales taxes from such merchants if the merchant has a physical presence in the state.

    4. Re:U.S. Constitution Article I Section Nine by budgenator · · Score: 1

      doesn't apply, because the tax is exactly the same for a in state sale as for an out-of-state purchase, for use in your home state. the short version, you are taxed for what you use, not where you bought it.

      the court said that a third party, the retailer couldn't be expected to be able to collect taxes for 3700 different jurisdictions, from the purchaser, unless the retailer had a physical presence in that jurisdiction and therefore the expertice to collect the tax in that juricdiction. If I have a store in NYC then I know how to collect the taxes for NYC. the county and the state of NY. The unified law takes away the multiple jurisdiction argument.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    5. Re:U.S. Constitution Article I Section Nine by Anonymous Coward · · Score: 0

      doesn't apply, because the tax is exactly the same for a in state sale as for an out-of-state purchase, for use in your home state. the short version, you are taxed for what you use, not where you bought it.

      Does the product leave a state at any time? Yes. Therefore it is an export, and therefore, no tax. It's black letter law. Period.

    6. Re:U.S. Constitution Article I Section Nine by TPFH · · Score: 1

      Is the Interstate Commerce Clause a law, or is it a part of the Constitution?
      What exactly is the Interstate Commerce Clause?

      --
      This signature used to contain a cute kitty virus with ansii art. Please set the slashdot editors on fire. Thank you
    7. Re:U.S. Constitution Article I Section Nine by slittle · · Score: 1

      It's Sales tax, not importers/exporters tax, nor purchasers tax. So long as the entity doing the selling pays the tax (because they're receiving money, ie. income), where the product goes after they get their cash is not their concern, and the fact that the cost of said tax (like all the others any business has to pay) is passed onto the consumer is irrelevant.

      --
      Opportunity knocks. Karma hunts you down.
    8. Re:U.S. Constitution Article I Section Nine by asr_man · · Score: 1

      OK, what's to stop every national business from setting up a pair of distribution centers in two different states so that all sales become interstate and all sales tax is avoided? Sorry but the potential revenue consequences of your black letter interpretation don't pass the laugh test...

    9. Re:U.S. Constitution Article I Section Nine by Anonymous Coward · · Score: 0

      OK, what's to stop every national business from setting up a pair of distribution centers in two different states so that all sales become interstate and all sales tax is avoided?

      Nothing, except for the fact there is no sale between two distribution centers, therefore no sales tax.

      The Constitution is explicit on this point, ladies and gentlemen. It's not open for discussion. This isn't a debate. The fact is, Article I says "no tax."

    10. Re:U.S. Constitution Article I Section Nine by CapitalistAmerican · · Score: 1

      Yep. And this post to an earlier slashdot article on the same subject neatly deals with all the little rhetorical and word-game arguments that some miscreants are trying to use to excuse what's being done.

    11. Re:U.S. Constitution Article I Section Nine by Anonymous Coward · · Score: 0

      not the original poster.. but i dont think you are understanding what he said...

      Lets say I have a distribution center in california and oregon. I use the distribution center in oregon to ship to any customers in california, and vice-versa

      obviously, i would still have to collect taxes in both california and oregon, because i have a physical presence in each of the states.

    12. Re:U.S. Constitution Article I Section Nine by Captain+Nitpick · · Score: 1
      Is the Interstate Commerce Clause a law, or is it a part of the Constitution?
      What exactly is the Interstate Commerce Clause?
      The Constitution of the United States of America
      Article I - The Legislative Branch
      Section 8 - Legislative Powers

      The Congress shall have power...

      To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

      --
      But then again, I could be wrong.
  22. yet another reason... by Anonymous Coward · · Score: 0

    ...for me to end it all today.

  23. Instead abolish sales tax for everyone by bizcoach · · Score: 3, Interesting
    Traditional brick-and-mortar retailers also have their eyes on lost money. They said they stand to lose money as shoppers turn to tax-free Internet purchases.

    In a globalized economy, taxing e-commerce isn't going to work well. For the sake of fairness, traditional brick-and-mortar retailers shouldn't have to suffer from sales tax either. Time to move to a totally different tax system; I'd propose to tax energy consumption and nothing else (not even income tax); calibrate it so that the total tax burden remains unchanged.

    1. Re:Instead abolish sales tax for everyone by Anonymous Coward · · Score: 0

      You know, I suggest exactly the same thing to my
      co-workers and there is an immediate "knee jerk"
      reation of no. I ask them to explain why they
      resist such a move and they never can explain
      why.

  24. Death To The Little Guy by Anonymous Coward · · Score: 0

    Most of what's sold online are intangible goods anyway, like software, ebooks, website subscriptions, and so on. Will I now have to pay tax when I register for paid online forums? (usually a $5-$15 charge per year--take note, senators, this is chump change)

    Taxes mean that anyone selling goods online in the US will have to purchase software to ensure they're complying with tax codes in every piddling jurisdiction, and that means they've just raised the barrier to the entry and the little guy gets it up the wazoo.

    Oh, and who is making all these wads of cash the states are lusting over? Last I checked Amazon was still in the red, and other "etailers" are actually parts of brick & mortar firms. Only the pr0n business is raking it in--you expect the people who brought us "trapped in pop-ups" and search engine spam will pay all their lawful taxes?

  25. Printable order form by MacDork · · Score: 3, Interesting

    So what is to stop internet sellers from simply putting up a printable order form? If you have to snail mail in your order, it is mail ordered and exempt. No different from the situation now, but it takes a little longer. Certainly worth the effort on bigger ticket items.

    But how is it that mail order would be exempt and internet sales would not be exempt in the first place? I'd love to know how they are going to just explain away

    "No tax or duty shall be laid on articles exported from any state."

    "No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another." (Article I, Section 9 of the US Constitution)

    I think that speaks for itself, or shall we have the revisionist telling us that 'vessels' meant spaceships, just like 'the people' means the National Guard in the Second Amendment? Maybe some of our fine lawmakers should have taken the time to read our Constitution at it's recent unveiling.

    1. Re:Printable order form by _avs_007 · · Score: 1

      as long as we're bitching about taxes, how about us Washington folk who work in Oregon? We pay Oregon income tax (WA doesn't have a state tax), yet we cannot vote on Oregon's income tax initiatives, because we are not "OR residents"... Isn't that taxation without representation?

    2. Re:Printable order form by Anonymous Coward · · Score: 0

      It goes across county lines too. You pay where you work, and you pay whatever "extra" there is if your home county has a higher rate. It's standard all over

  26. How is this Constitutional? by Experiment+626 · · Score: 4, Informative

    I asked about this in the previous thread, but got no explanation, so I'll try again... how can such a law be reconciled with what is explicitly specified in the U.S. Constitution?

    "No tax or duty shall be laid on articles exported from any state." (Article I, Section 9.5)

    That is, after all, exactly what these laws mandate, for merchants to collect a tax on some State's behalf on goods that they are exporting out of the state. How is this legal?

    AnotherBlackHat also pointed out another relevant provision:

    "No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress." (Article I, Section 10.2)

    I am genuinely bewindered as to how proponents of such a law can think it would pass Constitutional muster. If anyone could explain the legal rationale behind such legislation, I'd really appreciate it.

    1. Re:How is this Constitutional? by Colazar · · Score: 1

      IANAL, but I would think the key phrase is "without the Consent of the Congress". Wouldn't Congress passing this law qualify as consent?

      --
      He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
    2. Re:How is this Constitutional? by JayBlalock · · Score: 3, Informative
      You said it yourself:

      No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports

      They're currently seeking the Consent of Congress.

      And beyond that, sadly, the Interstate Commerce Clause can be used by the Feds to trump the states on any issue.

      --
      Bush: He's Liberal in all the wrong ways.
    3. Re:How is this Constitutional? by anthony_dipierro · · Score: 1

      But "the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States."

      Is this sales tax revenue going to the US, or the state?

    4. Re:How is this Constitutional? by Anonymous Coward · · Score: 0

      I would like to offer a slight definition to Imports and Exports. Uusually these titles aren't applied to what a state imports, etc. But what a country imports, etc.

    5. Re:How is this Constitutional? by JayBlalock · · Score: 1
      That's completely academic. The Interstate Commerce Clause, as currently misinterpreted, trumps anything the States say. If Congress passes a law specifically enabling states to tax each other, then So It Is Written, So Shall It Be Done.

      Here's a good short version article if you're curious on the history. (it's Libertarian in bent, but gets the facts close enough to right)

      --
      Bush: He's Liberal in all the wrong ways.
    6. Re:How is this Constitutional? by Anonymous Coward · · Score: 0

      The "legal rationale" is that the Constitution is so much toilet paper these days, and More Taxes is something most politicans can agree on.

      Welcome to America. Now bend over.

    7. Re:How is this Constitutional? by anthony_dipierro · · Score: 1

      The Interstate Commerce Clause, as currently misinterpreted, trumps anything the States say.

      Perhaps so, but it doesn't trump Article I Section 9.

    8. Re:How is this Constitutional? by Excen · · Score: 1

      Your perception of government today is so correct it's scary. In the words of Serj Takanian of System of a Down: "Fuck the system!"

      --
      "No beer until you finish your tequila!" -Leela's Dad
    9. Re:How is this Constitutional? by Anonymous Coward · · Score: 0

      Congressional approval is only half of the equation. There is still the part about how a state may only impose an import tax if the net proceeds go to the United States Treasury.

      The states behind this want the net proceeds to line state coffers.

    10. Re:How is this Constitutional? by JayBlalock · · Score: 1
      No, they'd be fundamentally viewed as equal as a baseline. However, there are a hundred years of precedents saying the Feds can meddle in state commerce however they like - so much so that these days you don't even need to mention the Interstate clause in a law to invoke it. It's simply assumed.

      At this point, I honestly doubt a challenge to such a tax would even make it in front of the Surpreme Court. The only reason would be if SCOTUS suddenly decided that the Feds had finally gone too far in stretching the ICC and wanted to smack them down for it. But I'd rule that a remote possibility.

      --
      Bush: He's Liberal in all the wrong ways.
    11. Re:How is this Constitutional? by anthony_dipierro · · Score: 1

      I don't see why you keep going back to the Interstate Commerce Clause. This is obviously legit under the ICC, since Congress and the states are both agreeing to it.

  27. I'm all for more taxes by hikerhat · · Score: 0, Flamebait

    After all, the government invented the business where I make my living (software engineering) and built the infrastructure to make it possible. I don't want to start paying for that all out of my own pocket. The more taxes the better I say.

  28. Oh it's easier... by FatSean · · Score: 1

    Just let him know that everybody knows that principals are principals becase they're too stupid to make it in the business world.

    --
    Blar.
  29. Have to say this by McAddress · · Score: 1

    I for one welcome our new taxing government overlords/

  30. go ahead, ruin your own day by cr@ckwhore · · Score: 1

    We're taxed WAAAY beyond reasonable proportions already... it seems like every week now, governments are inventing new ways to steal our heard earned money. In this case, I say "let 'em do it". Go ahead states, and tax internet sales. Do it. Why? Because there will be at least a few states (NH) that choose not to rape and pillage their people and guess where the business will go? If businesses are smart, as they usually are in a "free market", they'll move to the states that offer them the best advantages. More business in a state = more jobs. More jobs = more income. More income = more tax revenue. See... it's not a secret that lower taxes will bring in more revenue than higher taxes. AT least this time, it'll be going to states that support individual fiscal freedom. I'll take freedom over tax tyranny any day.

    --
    Skiers and Riders -- http://www.snowjournal.com
  31. Do something about it by HoneyBunchesOfGoats · · Score: 1

    Reading through the replies, I see that this is almost universally seen as a bad idea, motivated by little more than greed. So I say, do something about it. This is still being drafted, it hasn't even come up for vote yet. So much the better time to contact your representative and kill this thing preemptively. Read over the replies above and below, since many of them make good points about this idea. Include these ideas when you contact your rep.

    If we make enough noise, they will listen.

  32. In the past, they taxed differently by MyNameIsFred · · Score: 2, Insightful

    You need to define taxes. If you look at history, they way they have taxed things in this country has changed over the years. Income and sales taxes are relatively recent inventions. But before them, there tended to be outrageous duties on imported goods. Or look at American history. Read about the excise, poll, and property taxes of the revolutionary era. The revolution was based on outrageous taxes on legal documents, aka the Stamp Act, and the more famous tea tax.

  33. Fair Tax Act 2003 by Ozric · · Score: 1

    Read about it and get involved. This solves this type of problem and many many others. This is the only thing that will help the USA out of the hole we have dug for ourselves. Lean about it and help get it passed.

  34. lemme get this straight: by Unknown+Poltroon · · Score: 1

    I buy something from a Company in california, my credit card company is in south carolia, and the server is in New York. Can someone explain to me why MAryland, my home state, expects a cut of the deal? Unless they are going to set up border check points, and search cars for shoppinb bags form out of state, id say they can go fuck themselves. Sigh. Time to start buying from other countries. HELLO NEXT AMERICAN DEPRESSION!!!

    --
    All Troll + "offtopic" mods are meta moderated as "Unfair", because you abused the system.
  35. Read the Bill by Pinky3 · · Score: 3, Informative

    I know this is ./, but geesh!

    The bill doesn't talk about taxing internet sales, it talks about taxing remote sales. Sales includes mail order, phone order, internet order, any order.

    The bill only applies to states that agree on a unified, simplified tax system. The same items will be taxed in every state that agrees.

    Let's see. I have a computer. I input the zip code of the person who has placed the order and it tells me the tax. Hasn't anyone reading slashdot heard of computers? They sometimes can be used to do computations for people.

    Once a quarter, I fill out at most 50 forms and send 50 checks. A burden? Yes, but not that great. If the system is truly simplified, my computer should be able to fill out the 50 identical forms for me for the 50 different states.

    The bill as introduced only applies to those with more that $5,000,000 in "gross remote taxable sales." Note it does not include local sales or sales of non-taxable items.

    I don't know about your mom and pop, but mine don't take in more than $5,000,000.

    1. Re:Read the Bill by JayBlalock · · Score: 1
      The bill doesn't talk about taxing internet sales, it talks about taxing remote sales. Sales includes mail order, phone order, internet order, any order.

      This somehow makes it better?

      The bill only applies to states that agree on a unified, simplified tax system. The same items will be taxed in every state that agrees.

      And I would tend to think that if Congress OKs this potentially HUGE source of income, they'll all come to some agreements but quick.

      Let's see. I have a computer. I input the zip code of the person who has placed the order and it tells me the tax. Hasn't anyone reading slashdot heard of computers? They sometimes can be used to do computations for people.

      Once a quarter, I fill out at most 50 forms and send 50 checks. A burden? Yes, but not that great. If the system is truly simplified, my computer should be able to fill out the 50 identical forms for me for the 50 different states.

      You're greatly oversimplifying business finances here. And you're also ignoring the fact that it wouldn't necesarily be 50 checks. It could be, as the articles have noted, over two THOUSAND different tax codes to keep track of. Not to mention, anyone who relies exclusively on computers for accounting, without an actual eyeball verification of what's being submitted, is begging for trouble. It would be a nightmarish situation for anyone without a dedicated team of accountants.

      The bill as introduced only applies to those with more that $5,000,000 in "gross remote taxable sales." Note it does not include local sales or sales of non-taxable items.

      And the article, as read, says this point is under hot debate and many very large guns are trying to get that figure lowered precisely BECAUSE it will destroy small competition. (see above re: team of accountants)

      --
      Bush: He's Liberal in all the wrong ways.
    2. Re:Read the Bill by Anonymous Coward · · Score: 0

      Does this thing called a "computer" magically know all the tax rates for every place in the country? NO. Someone has to program that computer and it will cost the business money. In the case of small businesses, probably more than they will give to many (or all) of the states in sales tax.

      Also, it's not just 50 forms and 50 checks. Many cities and counties have "local option taxes" and "school option taxes". These are an extra .5% or 1% in addition to the state sales tax. And, I don't believe that the ZIP code will always be able to tell you whether the buyer is inside or outside the city or county limits. How often do sales tax rates change? How will the companies be notified? How will the computer systems be updated? These questions all mean more $$ spent by the business.

      My parents' business is getting near that "gross remote taxable sales" (after starting out 20 years ago in the basement of our home). Margins are tight and I don't know if they could afford to hire another progammer to handle this.

    3. Re:Read the Bill by Colazar · · Score: 1
      You're greatly oversimplifying business finances here. And you're also ignoring the fact that it wouldn't necesarily be 50 checks. It could be, as the articles have noted, over two THOUSAND different tax codes to keep track of. Not to mention, anyone who relies exclusively on computers for accounting, without an actual eyeball verification of what's being submitted, is begging for trouble. It would be a nightmarish situation for anyone without a dedicated team of accountants.

      And you're vastly overstating the effects.

      It would still be only 50 checks, because even when a state has different counties and such that collect fees, the business still only has to pay the state, and then the state passes out the money appropriately. (At least in the states I've done paperwork for--and I can't imagine anyone would be worse than CA!)

      Also, having been the accountant who had to reconcile sales at a mail-order company (about $7 Million in sales a year)this would only add a couple of days of work per filing period to one person's job. You already have to double-check everything. If you have any sense, you're already breaking it down by geography anyway, for marketing purposes. The only extra work should be filling out the damn forms.

      Having said that, I'm only in favor of this if they make a uniform national *rate* for remote sales, which would make it very easy for businesses to administer. And (as I said elsewhere) if they *don't* do that, I doubt this bill would pass the Supreme Court's test of not placing an undue hardship on the business, anyway.

      But overall, this is only fair. If buying a particular product is taxable, then it should be taxable, no matter what channel you bought it from. If you don't like that, then change the basic tax law--don't just try and make a loophole to get around it.

      --
      He decided to just watch the government, and kind of scale it down to size, and run his life that way. --Laurie Anderson
    4. Re:Read the Bill by JayBlalock · · Score: 1
      don't just try and make a loophole to get around it.

      This "loophole" has been in existance since the creation of mail order in the US. Moving away from it is the radical shift, not trying to keep it in place.

      Fundamentally, I would say a uniform rate across states would be FAR better than the alternative. However, at its heart, I believe this tax would cause more harm than good. And knowing our Congress, the chances of it being implemented so well that it DOESN'T represent a burden on small businesses is very slim - especially with all the big guns doing everything they can to make sure it burdens the little guy.

      --
      Bush: He's Liberal in all the wrong ways.
    5. Re:Read the Bill by mclove · · Score: 1

      Actually it would be 50 checks, because the bill requires that taxes from multiple jurisdictions in a state be collected on a single form.

      And even if the figure is lowered, there are enough companies that cater to small businesses that someone will probably come up with a way to simplify this to everyone; for an additional 1-2% of the gross, Yahoo Store et al might offer a service where they'll take care of the sales tax accounting and filing on your behalf.

      Plus, according to the bill, the states are required to compensate "remote sellers" for the costs of implementing these rules for the first few years; if those costs are going to add up to a substantial percentage of the taxes collected from a $50,000/year business (and they are), the states will have no interest in being saddled with the bill for that.

      On top of which, the Amazon.com's are concentrated in just a few states, while the mom and pop businesses can be found almost anywhere; any state that isn't home to a lot of huge catalog vendors is going to want to protect its local businesses. Similarly with local politics within a particular state, since the big warehouses and catalog vendors will often be concentrated in a small area around a UPS logistics hub while Gramma Ellie's Arts and Crafts can be almost anywhere.

      I own my own small software business, but lucky for me I deal exclusively online and thus far I don't believe any state has been able to tax non-tangible goods... still, even if they did I for one wouldn't be too worried about this.

    6. Re:Read the Bill by Media+Withdrawal · · Score: 1

      It's not the bill "as introduced" that I fear as a small operator, it's the special interests who got it on the table in the first place and who are now trying to lower that $5M cap to $25K-$50K.

      This would kill artists like me who might have only five different items for sale online. Maintaining fifty accounts and cutting and sending 200 forms and checks per year would put me the hell out of business. The accounting alone - not even the taxes - would run me an additional $3K-$10K/year.

      The Internet let artists like me sell direct to our adoring fans, without having to be Big Media's little ho. Right now I keep 96% of every sale I make, and it's enough to live on. I'm in the game because my customers like my stuff, not because some Moneybags picked me out of 100 competing acts and offered me 8%.

      Make no mistake. If you're an artist in any media including code, all the Moneybags in this biz (Mr. Bezos included) want is a whopping cut of your revenue stream, or to cut you out of the business entirely, so consumers are forced to buy their stuff. So they're buying all the channels and government officials they can, and trying like mad to shut down every alternative.

      Average salary of a State Legislator: $30K. Average amount spent lobbying them: $130K - Harper's

    7. Re:Read the Bill by Andover+Net · · Score: 1

      Wow you must never have never had to fill out sales forms. The business I work for currently has to fill out the forms for sales within Louisiana. There are forms for each of the over 50 parishes (counties), and each parish has multiple tax zones. The correct tax must go to each zone each month even if there is no sales there.(you fill out the form with zero as the tax) Some towns even have multiple zones! You know when you vote on that millage increase for schools in your community? That changes the form for that parish(county). They claim simplification, yet each community collects its own tax at different rates(one of the duties of a sheriff). For example Alaska doesnt charge sales tax, but some of its communities do. You wont have 50 forms, you will have thousands.

  36. Here's laughing at you all... by weave · · Score: 3, Funny
    Greetings from Delaware, no sales tax here!

    Shout outs to my peeps in Oregon and New Hampshire too! :)

    1. Re:Here's laughing at you all... by Anonymous Coward · · Score: 0

      You don't need a sales tax, since the extremely business friendly laws in your state provide all the income Delaware needs. Unfortunately, you fuck over the rest of the country with those business friendly laws. Delaware Corporations suck!

    2. Re:Here's laughing at you all... by Anonymous Coward · · Score: 1, Informative

      wooohoo! And we make up for it in cost of living, property taxes, and income taxes, amongst other sources. :(

      ALaskans get the best bet. The gov't pays them for just being alive, thousands a year!

  37. Done it again! by Anonymous Coward · · Score: 0

    You yanks just keep shooting yourself in the foot.

  38. the states don't like paying their own taxes by Anonymous Coward · · Score: 0

    The states, Michigan in particular, wants to start buy medicines for its employees from Canadian pharmacies.

    Canada doesn't tax the living shit out of pharmaceuticals, because it has national health care it doesn't have to shift uninsured costs onto pills.

    Canadian equivalent pills are between 30% and 90% cheaper, the difference is development, settlment liability costs, and the costs of free pills to the uninsured.

    States are being hypocritical for not wanting to pay these costs, but demanding individuals do.

    1. Re:the states don't like paying their own taxes by larry+bagina · · Score: 2, Informative
      You're getting a few of the facts wrong.

      Canadian incomes are, on average, 30% lower. Because of that, many items are priced less in Canada.

      Another factor is that direct consumer advertising is illegal in Canada. (US is one of the few countries where it is legal). So the marketing is done only to doctors and gov't beaurocrats, not consumers.

      As for cost shifting, Medicare/Medicaid only pay for 50-70% of the actual cost. The other 30-50% is paid for by higher rates for paying (insured) people. There's no explicit tax raising the cost of pills.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:the states don't like paying their own taxes by Anonymous Coward · · Score: 0


      "Canadian incomes are, on average, 30% lower. Because of that, many items are priced less in Canada."

      It's all relative: things are cheap in India where they make less money too: the more you make the more you are charged for things. I make mid-$60K in .ca, a good salary, and have a 2200 ft^2 house with a nice pool in a nice part of the city that cost ~$120K.. That'd be a lot more just south of the border.

  39. States with no taxes . . . by SimplyCosmic · · Score: 1

    In the later case, wouldn't it then become a self-correcting situation?

    Those states that want to tax such online corporations will either collect the money and lose the company or not tax the company and get money that filters into their economy. As long as there's at least one state willing to bet that the latter is better than the former, the companies will have a reason to move, and if the states want them, they too will have to barter in taxation to keep them.

    Kind of a free-market equation for taxation.

  40. That's right... by KentoNET · · Score: 0, Troll

    Great job guys, keep kicking that economy while it's down...

    --
    "You tried your best and failed miserably. The lesson is...never try. Heh!" -Homer
    1. Re:That's right... by Anonymous Coward · · Score: 0

      Wow...troll? This actually seems to raise an interesting point. America's economy is hardly good right now, and there's a lot of help from NOT having taxes on internet purchases. This tax stuff only hinders a big part of the economy, which probably will just end up making the dollar worth even less. Mods, please think about the issues before you hang someone for criticizing America.

  41. This article addresses this issue of State E-Taxes by Anonymous Coward · · Score: 0

    It Security E-Business and State LAN's
    http://www.osviews.com/modules.php?op=modlo ad&name =News&file=article&sid=150&mode=thread&order=0&tho ld=0

  42. Don't need a pdf to tell me what it means by Anonymous Coward · · Score: 0

    it means bye bye to online vendors.

  43. Use Tax in PA by Anonymous Coward · · Score: 0

    Here in PA we are required to pay 6% "use tax" on anything bought from out-of-state (including mail/internet order) unless the 6% sales tax was applied by the merchant when we do our annual income tax forms.

    1. Re:Use Tax in PA by Anonymous Coward · · Score: 0

      (Of course I don't think anyone does this or even knows. I only know because I looked it up last year.)

  44. Additionally by MacDork · · Score: 1

    What will force e-tailers in foreign nations to collect a tax and send it our way? Either they won't collect or they may happily collect it but never send it to the US. Really, what can happen to you for breaking US tax law in China? Either way, it will be real incentive for e-tailers to leave the US for foreign nations since most of the crap we buy is made over there anyway. Are we going to have provisions in this law to abide by local taxes globally? A 'we collect for you if you collect for us' kind of arrangement? Nope, just shortsighted greedy state legislators I'm sure.

    1. Re:Additionally by anthony_dipierro · · Score: 1

      What will force e-tailers in foreign nations to collect a tax and send it our way?

      Customs agents.

  45. Why is the juridiction where the buyer lives? by Anonymous Coward · · Score: 0

    Why does the jurisdiction where the buyer lives apply? Explain this to me. I am in ignorance of the reason for this and need to be educated. Someone, please, enlighten me.

    If I operate a brick n' mortar store in New York, I don't have to apply New Jersey's sales taxes to a New Jersey resident buying something in my store. Of course I don't. "Ludicrous" doesn't do justice to such a patently fucking stupid idea, but it's the closest term I can come up with.

    Why should the taxes of some dipshit little county government in the middle of nowhere apply to me selling my wares from my store online if it doesn't apply to the same person if they buy the same item from the same store while in my store physically?

    This is nothing but a grab by local backwater politicians for money that doesn't belong to them.

    1. Re:Why is the juridiction where the buyer lives? by mclove · · Score: 2, Insightful

      The logic behind this is that the state where the person lives is generally the one that's losing revenue, since it's assumed that without the online/catalog option people would simply buy from vendors in their own states. Most of the services which sales taxes pay for, education, health, welfare, etc, go to individuals rather than businesses, so it seems reasonable to tax based on your population's spending rather than your business' sales. (though actually it's a lot more complicated than that...)

      Of course in a lot of cases states may actually be getting sales tax income they don't deserve, for example in small states like Rhode Island that may not have a lot of stores of their own (when I was living there, at least half of my non-necessity purchases were from Massachusetts) or in a large and high-tax city like NYC or Chicago (almost 9% in each) that's near the border to a state with lower taxes. Those places have the most to benefit from this, since they may potentially be recovering taxes that they wouldn't be earning anyway, while "strip mall" states like New Jersey will be less happy about this.

    2. Re:Why is the juridiction where the buyer lives? by synergy3000 · · Score: 1

      Basically the buyer is responsible for paying the sales tax in the state he lives in if he buys something out of state. This excludes the obvious states which don't have sales tax. Normally the state in which you live in will discount the tax you have already paid. So you paid 6% tax in state X and you live in state Y. If state Y has a 6% sales tax they don't bother. If state Y has an 8% sales tax you are responsible for the remaining 2%. In this case no sales tax is being charged so the buyer must remit the sales tax to their state treasury. This is sometimes called use tax. Basically this is shifting the burden of paying the tax from the individual buyer to the business regardless of his/her state. A very unreasonable burden at that.

    3. Re:Why is the juridiction where the buyer lives? by Anonymous Coward · · Score: 0
      The logic behind this is that the state where the person lives is generally the one that's losing revenue, since it's assumed that without the online/catalog option people would simply buy from vendors in their own states.
      This is specious logic. There is nothing to stop vendors in my own state from setting up their own internet sales presence within it. In fact a local shop using the internet as a sales point of presence would be competative, since it would pay lower shipping costs which would offset the local sales tax.
  46. This makes me glad, by Anonymous Coward · · Score: 0

    that I have never bought anything from Amazon.

  47. Holidays by CaptBubba · · Score: 1
    This is going to be too damn complex for any online retailer to keep track of. SC has a yearly sales tax holiday, will online tax be dropped during that weekend? Is Bob's-Fun-Shop.com going to have to send 8000 checks a year to the different sales tax regions? Imaging getting audited by even 1% of those...

    It is too complex, one more huge database that simply has to be kept up to date. The states aren't losing money, they are seeing a stream of money that they haven't attached their tenticles to. You can't lose something you never had.

  48. yeah cut the taxes at the right spot! by xutopia · · Score: 1

    Now let's use this extra tax revenue so we can cut taxes for the rich again! :-)

  49. How did you vote? by synergy3000 · · Score: 1

    How did you vote in the last election? Did you stick with the usual two choices of republicrat or democan? Well then you brought this upon yourself. Did you not vote at all? Further sauce to say you brought this on yourself. You voted in these nimwit tax and spend politicians who want to take your money away. Cerainly I don't argue for anarchy. But I don't think all this pork barrel tax shit is good for us either. When individuals or even businesses find themselves with less money they usually have to tighten their belts and spend less. Why do our stupid governments decide instead to tax more? Are they above us? Since when did for the people, by the people become for the stupids who don't know any better for themselves? Want to put a shock into the system? Vote some libertarians in next time. You know libertarians who advocate legal drugs and less taxes. No one says we have to turn the entire government into libertarian. Just stick enough in that you shock the remaning losers into realizing this is what we want. We don't want a fricking tax and spend nanny state! Figure it out now or forget about it later.

  50. Oregon Mail Forwarders, Get Ready! :) by saikou · · Score: 1

    Well, as greedy states will most likely base collection on the destination address (all legalize on where the purchase is taking place aside), it means that mail forwarding services in No Sales Tax states will get busy. You get yourself a nice forwarding address, and buy and ship your next SLR Camera there. It gets forwarded to your home, but hey, that's not a purchace at this point.
    No sales tax. Insignificant shipping difference. Savings for consumers. Angry tax people.

    Perhaps there will be even "one time forwarder" companies, for those, who just wanted to buy something nice and expensive every once in a while... :)

    1. Re:Oregon Mail Forwarders, Get Ready! :) by laird · · Score: 1

      Sales tax is based on the location of the buyer, if the seller has a physical presence in that location.

      If the seller has no physical presence in that location, there's no sales tax. This is because it's unreasonable to ask a seller to keep track of 2,000 different local tax rates, file 2,000 different tax forms, etc. But it's reasonable to ask a seller to file tax forms for locations where he's got an office.

      This new law is simply an attempt to collect sales tax from out of state companies, because the states are desparate for money and see this as an easy target.

    2. Re:Oregon Mail Forwarders, Get Ready! :) by morganew · · Score: 1

      You have intentionally or unintentionally hit upon the exact need and motivation for this law. The courts determined that the burden to collect from every jurisdiction was too great, and therefore if the seller did NOT have a physical presence in the state he/she would not be required to collect taxes.

      The states set up something called the "Simplified Sales Tax Project" which is supposed to work out differences between state tax systems (like, is a candybar food or candy?). Once this "simplification" was done in set number of states, Congress has to step in because they have the power to regluate interstate commerce.

      Unfortunately, simplification is not so simple. Because individual jurisdictions do not want to lose the power of levying taxes, this simplification will not necessarily result in fewer places to collect for, or a more logical system.

      The states are depending on software to come to the rescue. While this eventually may come to pass, there is no tax software system out there now that is cheap enough and compatible with enough legacy systems to make it affordable for a small business.

      To add comprehensive tax software including the cost of integration with existing SKU schemes, old inventory programs, etc. is estimapted to be $100,000+ per setup. Worse, this is just a guess, as there have been NO studies done on the cost to integrate new tax software nationwide.

      In the end, there may be a system that is reasonable for small business, but it is WAY too soon for the government to be passing laws.

      --
      A sig?!? I don't think so.....
    3. Re:Oregon Mail Forwarders, Get Ready! :) by vacuum_tuber · · Score: 1
      Sales tax is based on the location of the buyer, if the seller has a physical presence in that location.

      Bzzzt! Sales tax is based on taking delivery of a goods in trade within the taxing jurisdiction of a State. When a seller also does business in the State where delivery will take place, that second State can exercise taxing jurisdiction just as if the item had been sold by the seller over the counter in the destination State. You can walk into a store in State A and buy an item for delivery to an address in State B and there is no sales tax unless the seller also does business in State B.

      If the seller has no physical presence in that location, there's no sales tax.

      No, you've got it turned around backward. It has nothing to do with the buyer's "location" and everything to do with the address to which the goods are delivered. If the delivery address is in a State where the seller does not have a business presence as defined by that State, then the seller has no authority and no obligation to collect a sales tax for that unrelated State. Nor does the seller have authority or obligation to collect sales tax for his own State because there is no taxable delivery of goods in his State.

      This is because it's unreasonable to ask a seller to keep track of 2,000 different local tax rates, file 2,000 different tax forms, etc.

      Bzzzt! While that's a nice, reasonable, common sense opinion, it's completely incorrect. Sales taxation is governed by well established constitutional and other foundations that have to do with A) the taxing power of the State, B) jurisdiction (a State generally can't tax things that don't take place within its territory), C) limitations on the taxing powers of the States spelled out in the U.S. Constitution, and D) well-established definitions of what constitutes a taxable event in trade (generally the delivery, not the sale)

      But it's reasonable to ask a seller to file tax forms for locations where he's got an office.

      Bzzzt! "Reasonable" has absolutely nothing to do with it. In fact, your use of having an office in the taxing State isn't even correct, since the taxing State can define what activities constitute having a "business presence," and having an office is only one of those. The power of a State to impose a sales tax is based entirely on well-established principles of the power and reach of State power, not on "reasonableness." If the State where delivery takes place considers the seller to have a business presence there, then that State will require the seller to collect and pay over sales tax on sales made from any of their offices anywhere for delivery to that State.

      This new law is simply an attempt to collect sales tax from out of state companies, because the states are desparate for money and see this as an easy target.

      That's true, but that statement and your earlier ones hide the fact that there are Constitutional, common law and other legal rules and principles at work here, about all of which you appear to be ignorant. The reason we don't already have a national sales tax, and the reason that all the periodic lip-smacking in Washington over the possibility of a national Value Added Tax (VAT) have gone nowhere is that there is no Constitutional basis for such a tax. I'd suggest that neither is there a basis for the federal government to "authorize" States who are "members" of an extralegal "group" to do what the federal government itself cannot Constitutionally do.

      Perhaps what the States should be doing is reexamining how and why they got into the position of having such bloated budgets and programs that they are now feeling the triple pinch of the economic slowdown, the hemorrhage of jobs and business overseas, and, oh yeah, Internet transactions that don't pay sales tax.

      -----
      Do you feel stupid yet? Look at the bright side: There's always seppuku.

      --
      Look at the bright side: there's always seppuku.
    4. Re:Oregon Mail Forwarders, Get Ready! :) by vacuum_tuber · · Score: 1
      The courts determined...

      Nonsense! States don't presently collect sales tax on interstate transactions because they don't have the power to do so.

      Congress has to step in because they have the power to regluate interstate commerce.

      Wong, Glasshoppa! To "regulate" does not extend to unilaterally granting new powers to the States to levy and collect taxes they presently have no power to levy or collect.

      The states are depending on software to come to the rescue.

      No Glasshoppa! They have some very fundamental obstacles to overcome before software even enters the picture. Why do you think we don't already have a national sales tax, hmmm? Why do you think the many surfacings of a proposed national Value Added Tax (VAT) went nowhere, hmmm? It's because there are serious Constitutional problems that Congress has so far not been able to figure out how to overcome (or flim-flam, as they did to impose the 55 MPH speed limit in the 1970s).

      The "group of States" may be just that -- a flim-flam to bypass the utter absence of any federal authority to "authorize" the States to collect taxes for which neither the States nor the federal government has any legitimate constitutional power. If it flies at all, you can bet that underneath it will be a network of treaties between the participating States, and that any real power will drive from those treaties, not from the federal government. But there will be plenty of smoke and mirrors and misdirection, because sales taxes are no business of the federal government, but that fact is only one of many that the politicians don't wish the average person to understand.

      -----
      Do you feel stupid yet? Look at the bright side: There's always seppuku.

      --
      Look at the bright side: there's always seppuku.
    5. Re:Oregon Mail Forwarders, Get Ready! :) by morganew · · Score: 1

      It pains me to do this, but you have unfortunately gotten just about everything wrong here.

      The requirement that a business be physically present in a state before it is obligated to collect and remit sales tax stems from a 1967 Supreme Court ruling. At the time, the Court expressed concern that collecting sales tax on behalf of 45 states and several thousand localities that impose such taxes would be excessively burdensome for remote sellers under the diverse sales tax rules then in effect. The Court wished to carve out a "safe harbor" from these burdens for companies that were willing to avoid establishing a physical presence in states where their customers were located. Nonetheless, in its 1992 Quill decision, the Court made clear that Congress could authorize states to require remote sellers to charge sales taxes just as Main Street businesses are obligated to do. The Court held that it would be entirely fair for a state to require remote sellers to charge sales taxes provided that Congress first set ground rules aimed at reducing the burdens of sales tax collection.

      As to Congress' abilty to regulate by "unilaterally granting new powers to the States to levy and collect taxes they presently have no power to levy or collect"... well, unfortunately you may want to revisit your history books, but the power of Congress to place burdens, or grant powers to states is very clear. The Interstate commerce clause is pretty powerful. Beyond that, Congress can pretty much impose anything the Supreme Court will allow. States can oppose, but... that was tried in the 1860's and didn't turn out so well for the South. And in this case it is likely that a majority of the states would be supportive!

      As to the rest of your discussion, I'm not really sure how to answer. Congress could impose a VAT in America, but there is not the political interest to do so at this point in time.

      As to "treaties between states", well, you could make a strong case that the SSTP s exactly that. So this "treaty" is already in negotiation, and 18 states have signed on, with more likely to follow.

      I understand your desire to make this go away, but you really must get a better understanding of just how much power the Federal government has over the states. A good friend of mine who recently left the Senate policy committee always tells me that states really lost all power after the surrender at Appomatox.

      He may be right.

      --
      A sig?!? I don't think so.....
    6. Re:Oregon Mail Forwarders, Get Ready! :) by laird · · Score: 1

      That's an awful lot of writing in order to point out that if a buyer has a product shipped to a third location, the "sale" takes place at that third location. You're right -- I didn't see any need to go into a relatively obscure case where the buyer doesn't have the product shipped to themselves, but you're right. The sale takes place where the good is delivered, not where the seller or buyer are located. So nobody collects sales tax where the buyer or seller are, because the sale didn't take place there.

      Legally, however, states can tax all sales that take place in the state, which is the case we're talking about. The reason that states can't tax goods shipped into the state by companies that don't have a physical presence in the state is that courts ruled in 1992 that the administrative burden placed on companies to comply was too high. If the states (and cities) can find a way to simplify the tax situation to the point where a court would rule that the burden was reasonable, my understanding (IANAL, but I have asked lawyers about just this issue) is that the courts would probably allow states to collect sales tax on products sold to buyers in the state.

      Many states currently attempt to collect a "use" tax on sales into the state by companies that aren't currently required to collect sales tax. Practically speaking this is unenforceable, but it establishes the legal precident that they have the right to collect the tax. The only real debate is whether they can stop squabbling long enough to simplify the tax codes for mail order sales sufficiently that they won't get thrown out of court the next time they actually try to collect taxes on sales from companies that don't have offices in their state.

      If we want to discuss how states got into budget problems, we'd have to discuss things like unfunded federal mandates that shift costs from the federal budget down to the states, and how many states can't run a deficit in an economic downturn while the federal government can, how it's nearly impossible to kill a bureacracy, and other things that are way off topic.

      - LP

  51. Expand your business, make it more efficient by Anonymous Coward · · Score: 0

    The internet enables businesses that would otherwise not be able to stay afloat - businesses in niche markets, other specialty items.

    Hemp, for instance, comes to mind. Starting up a brick and mortar hemp clothing store is probably not only difficult to get funding for, but also difficult to keep afloat. Making it national, or international, will make it worth the while of inventorying and running the business.

    As far as regular, big-time brick and mortars go, the internet makes a nice addition to the existing infrastructure, and can probably help save on customer support, location information, styles and inventory information -- so the internet is still useful.

    But it would really suck if the tax laws were so complicated that a smaller retailer couldn't comply. That would be a double blow because many of the smaller businesses on the internet are very cool. It's exactly the type of thing that makes shopping on the internet worthwhile - finding a small business on the opposite side of the country that has what you need and is selling it at a good price. You can't get that anywhere else.

    The taxes should not be so difficult.

  52. This has nothing to do with the internet by laird · · Score: 1

    Exactly. I don't know why articles on this topic are labeled "internet tax" -- this is really an attempt by the states to tax out of state sales (which dwarf "internet sales"). Typically the tax proponents try to argue that the internet has some sort of exception (which it doesn't -- mail order companies taking orders through the internet pay the same taxes as any other mail order companies).

    Requiring small businesses to compute and file sales taxes with every single state is absurd. Even if they unify the tax rates, that's still 50 sets of paperwork to generate, send off, and manage.

    If the states really want to collect sales tax, they should set up a single set of taxes for mail order purchases, and implement a single system for reporting sales so that merchants could generate one set of paperwork to a central office, and that office could deal with all of the processing, tracking, and routing to deal with the 50 states. That's far more efficient than making millions of small business perform duplicate paperwork.

  53. Sales Tax will not harm eCommerce by Un+pobre+guey · · Score: 0, Flamebait
    Sales Tax will not harm eCommerce

    Read it. Memorize it. Quit whining. To claim that sales tax is the death knell for eCommerce is pure, complete, and utter bullshit. Just pay your fucking taxes, you goddamn moochers.

    1. Re:Sales Tax will not harm eCommerce by Anonymous Coward · · Score: 0

      What a piece of nonsense that is. Yo foolio, if you gonna post some crap, at least have some decency to state exactly WHY you believe so.

      Or maybe you just anotehr one of those jealous broke-a$$ beggars who wants every other successful person to be taxed so you can leech off more food stamps for you and your 50 wetback offsprings.

    2. Re:Sales Tax will not harm eCommerce by Un+pobre+guey · · Score: 1
      if you gonna post some crap, at least have some decency to state exactly WHY you believe so.

      Read the posts, dude. Dozens (hundreds? thousands? millions?) of eCommerce sites charge sales tax. It is a fact of life. There is nothing fundamental about the net that precludes the paying of sales tax. If the buyer and the seller are in the same state, sales tax is charged. That's it. No rocket science. No abstract mathematical concepts. No need to invoke spiritual entities or evil demons. This shit has been going on for millenia, nothing new here.

      Sheezis...

    3. Re:Sales Tax will not harm eCommerce by vacuum_tuber · · Score: 1

      Get a clue.

      What's fundamental is that when someone sells stuff for delivery out of their taxing jurisdiction (i.e. to another State), they cannot collect Sales Tax unless they also do business in the buyer's State. The recipient of the goods is usually liable, though, for paying Use Tax to his own State, but that's such a tough thing to get a handle on that it's usually only enforced against large organizations with auditable records. Use Tax is the mirror image of Sales Tax, but instead of the responsibility being placed on the seller, it is placed on the buyer. In either case the State imposing the tax has to have jurisdiction over the taxed party. No jurisdiction, no tax.

      The cases of websites charging Sales Tax to buyers taking delivery in other States is usually based on the fact that the seller has a "business presence" in the other State and thus is under the taxing jurisdiction of the buyer's State. IBM, for instance, does business in all 50 States and therefore charges sales tax on all its sales to anyone in the U.S. Anyone else who charges Sales Tax on interstate sales is A) committing fraud, B) stupid, or C) loves taxes so much that they voluntarily collect and pay over what they don't have to. Long before the Internet, Daytimer used to do exactly (C), which was why I stopped doing business with them.

      There is no power granted in the Constitution to the federal government that allows it to "authorize" one State to collect taxes for another State or for some extralegal "group" of "member" States. If you knew anything about our system of government you would know that the States are so separate that to reach agreements with each other they have to enter into treaties, just like sovereign nations.

      Personally, I think there's something wrong with people who tell other people that an abuse or extraction or punishment is inevitable, so just "get used to it."

      • To the Christians of Roman times:
        "Aw, quit yer griping about being sliced to pieces by professional gladiators and being fed to lions... that stuff has been going on longer than anyone can remember and it isn't going to stop. You can't fight Rome! Stop whining and get used to it!"
      • To the American Colonists:
        "Stop yammering about taxation and representation and just get used to it. Whaddyathink yer gonna do, revolt? Overthrow the King's rule? Are you nuts? Shut up and be a good little subject!"
      • To the American slaves:
        "Don't get any thoughts of freedom. You can't change the plantation system. It has always been like this and always will be like this. Just get used to it."
      • To Americans during Prohibition:
        "Stop whining about the Volstead Act! It's a Constitional Amendment, fer crissakes! It's the federal gummint! You can't change it! Whaddyathink, yer gonna get it repealed or sumpin?"
      • To American blacks before the civil rights movement:
        "Stop whining about sitting in the back of the bus and using "COLORED" washrooms and not being able to enter whites-only establishments! Be happy you're not a slave! This is the way it is... get used to it!"
      • To opponents of a new form of taxation across State lines for which the federal government actually has no Constitutional authority:
        "Read the posts, dude. Dozens (hundreds? thousands? millions?) of eCommerce sites charge sales tax. It is a fact of life. There is nothing fundamental about the net that precludes the paying of sales tax. If the buyer and the seller are in the same state, sales tax is charged. That's it. No rocket science. No abstract mathematical concepts. No need to invoke spiritual entities or evil demons. This shit has been going on for millenia, nothing new here."
      --
      Look at the bright side: there's always seppuku.
    4. Re:Sales Tax will not harm eCommerce by Un+pobre+guey · · Score: 1
      What a joke. Whining about sales tax. Implicitly claiming that if it isn't in the constitution, it is not legal. Have you ever seen the Code of Federal Regulations? Have you ever hefted it in your hands? Of course not, unless you can heft over 20,000 pages in your hands at once. State and local laws also tend to fill too many uncomfortably heavy tomes. Wake up, pal. Taxation is a part of life, unless you care to do without the services governments provide.

      If this is truly unconstitutional, then support a lawsuit, and count me on your side. This is not taxation without representation, slavery, or an irreversible abuse of power. Your dreaming if you think our bankrupt (in more ways than one) state governments are going to overlook the taxation of online sales.

  54. A way around this tax? by some1somewhere · · Score: 1

    If this were the case, wouldn't it be possible to host the website offshore, so that the entire transaction occurs offshore?

    If the Point Of Sales occurs in an offshore jurisdiction, then theoretically the sales is not part of the US. Sure, the shipping may occur anywhere, but theoretically wouldn't this be a way around this "internet" tax?

    --
    **FREE** Track and view your phone's via CellID and/or WIFI and/or GPS :- http://tinyurl.com/la6fhd
    1. Re:A way around this tax? by Un+pobre+guey · · Score: 2, Interesting

      If you really want to be a dick about it, assuming you are an ecommerce merchant, perhaps you could ensure that you only had a physical presence in the least populated state in the continental (to minimize shipping costs) US. That way, only people in that state would have to pay sales tax. Since it is the least populated, the majority of your customers would probably be out of state, and thus would avoid it.

  55. Death of Small eCommerce Sites by yintercept · · Score: 4, Insightful

    The small, independent, one and two man ecommerce sites are the ones that will be hit the hardest with a new tax system. They really won't have the resources to figure out the tax system. It will pretty much wipe out those silly little independently coded ecommerce web sites that you see here and there.

    This is a loss for Linux, as it is easy to talk these small sites into using unsupported ecommerce software running on Linux. Gearing up for a big nex tax will require a type of support the free software business will not be able to deliver.

    It is also interesting to see that the government is talking about big increases in taxes at this point of the business cycle.

    Greenspan has been pursuing massively inflationary monetary policy for awhile, there's been a gradual devaluation of the dollar. Just about every part of the market is really geared for a big spurt of inflation...except, of course, wages.

    Workers and small businesses should be prepared for some very serious belt tightening in the years to come.

    1. Re:Death of Small eCommerce Sites by catherder_finleyd · · Score: 1

      1. Some of the legislation being discussed would exempt small E-Commerce sites. There may be a grey area though, about sites like ebay/half, yahoo shops, amazon z-shops. Would they be counted as large operations, or just as a portal for many small E-Commerce sites?

      2. If small E-Commerce sites need to collect taxes, it would probably force many to work under large commerce portals (ebay, yahoo shops, amazon z-shops). This could also be offered as a web service by E-Commerce Software vendors and consultants.

      In short, I think that small E-Commerce can adapt to this. It will be a bit of work initially.

    2. Re:Death of Small eCommerce Sites by BranMan · · Score: 1

      "Loss for Linux" - Please! Don't by so shortsighted. Ever hear of Apache? XFree86? If there is enough need developers will band together to create an open source solution (or several). A generic backend to handle all the hassle of figuring out localized taxes. With a config file containing all the data and rules that change, so keeping up with it is easy. It will just be another push for open source software.

    3. Re:Death of Small eCommerce Sites by pmz · · Score: 1

      The small, independent, one and two man ecommerce sites are the ones that will be hit the hardest with a new tax system. They really won't have the resources to figure out the tax system.

      Actually, services like Yahoo! Store will probably skyrocket in popularity, where, for a monthly hosting fee, all the taxes and CC infrastructure is taken care of. So, even if taxes are forced down our throats, small businesses can eek out of the pain for $60/month.

  56. Volunteers anybody? by mishehu · · Score: 1

    Anybody want to volunteer to defy any such law in order to be the good samaritan to pay out the nose in legal costs to get the courts to strike down the law? Please apply at www.irs.gov. *grin*

  57. Small Sellers EXEMPT, RTFB! by cmholm · · Score: 1
    Ok folks, click click, I know you can do it. Read the first couple of paragraphs of the bill. What will you see? SMALL BUSINESS EXEMPTION: businesses grossing less than $5mil/year, or any business doing less than $100K of online sales is EXEMPT.

    So, grandma's pie site, my dad's cd-rom site, the guy down the hall selling Kava... unless they are wildly sucessful, they Don't Have To Play. No extra recordkeeping, no lost revenue.

    If you're worried about the camel's nose under the tent flap, that's another discussion, but it doesn't look like most of the posters are thinking that far.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  58. ZIP Codes by Detritus · · Score: 1

    There is not a one-to-one correspondence between ZIP codes and taxing jurisdictions. It's a really ugly problem to solve.

    --
    Mea navis aericumbens anguillis abundat
  59. How to do it, if it must be done by TomRC · · Score: 1

    This tax is unlikely to be set up in a fashion simple enough for small businesses to easily deal with it. There should not be 7500 different sets of rules for 7500 different taxing regions.

    If it must be done, then online retailers should be required to register with one state, and that state would collect a tax from the retailer based on a nationwide rate.

    Tax revenues should be pooled and aportioned amongst the states based on population. States should then be required to further divide the revenues among all taxing regions, again based on population.

  60. You can't always figure out the sales tax rate by eric76 · · Score: 3, Interesting

    You can't always figure out the sales tax rate based on the zip code.

    Many of those who do charge sales taxes depend on the zip code to determine how much to charge. I hate having to argue with them every time I buy something.

    For example, the Texas sales tax rate at my office is 8.25%. But at home, it is 6.25%. Both are in the same zip code, but my office is in town and I live 20 miles out in the country.

    The odd thing is that if Fed Ex drops off my package at the office because they don't have the foggiest idea how to get to the house, the sales tax rate is still 6.25% since the official delivery destination has no local sales tax component.

  61. Re:Read the Bill? Take a look at Amazon's play. by morganew · · Score: 1
    One thing that is not in the bill, but is being pushed by Amazon is a provision that would make selling through eBay count as an "affiliate" program. which would _exclude_ you from the $5 mill exemption. Worse, they want to drop the exemption to $25,000.

    Additionally, if your total Nationwide sales are $5 mill, you are by no means a big business.

    That's right, eBay would be like your parent company in the eyes of the government.

    Take a look at this story in the Washington Post

    relevant quotes: Amazon wants the bill to exempt online merchants if they bring in less than $25,000 per year.

    Amazon has built the infrastructure to collect sales taxes for most of the 160 retailers that sell items through its Web site, and believes its competitors should do the same for their merchants, said Paul Misener, Amazon's vice president of global public policy. "It makes no sense to us for certain large entities doing billions of dollars in business and with extremely sophisticated computer systems to not be able to provide this kind of service," Misener said. "If the system the states have put in place is in fact simplified, and we think it is, it shouldn't cost businesses anything to collect." Amazon's efforts to change the legislation could doom the states' sales tax plans, said an official with eBay who is familiar with the negotiations.

    "The fundamental problem with Amazon's proposal is that it treats someone who sells through one channel online differently than a person who sells through another," said the official, speaking on condition of anonymity. "To discriminate against online aggregators is a guaranteed way to stop any distance sales tax plan for at least 10 years, and we'll go to the mat on that one."

    --
    A sig?!? I don't think so.....
  62. State sales taxes need to go by the+pickle · · Score: 2, Interesting

    This bill isn't the answer. The state sales tax situation is a complete and utter mess, and local sales taxes make things even worse.

    How does this propose to handle county or city sales taxes? It doesn't.

    F'rinstance: in Blount County, TN, purchasers at local stores are subjected to a 6% state sales tax and a 2-3/4% local (county, IIRC) sales tax. Purchases made on the Internet, or via mail order, from outside of the state are not subject to sales tax, either county or state. This bill would subject said purchases to state sales tax, but the county still gets shafted (or the buyer gets lucky, whichever way you want to look at it).

    Michigan's state 1040 has a "use tax" line where you can (if you kept receipts) enter 6% (the state tax rate) of the total amount of out-of-state purchases made in that tax year and pay your state sales tax that way, or if you (intelligently) didn't keep receipts, you can "estimate" it using a formula they give (which will usually save you a bundle if you do much out-of-state purchasing) based on your AGI.

    What if I'm on vacation in Oregon and buy a backpack, or some other non-consumable item, for use in Illinois? Oregon gets the sales tax money, but clearly, the purchase is intended for use in Illinois, so Illinois is getting screwed here. People who live in states adjoining those where there is no state sales tax whatsoever have the benefit of being able to cross the state line and purchase whatever they want tax-free. Obviously, the bordering states don't like this.

    Sales taxes need to be abolished, and the federal government should implement a national sales tax (hereafter abbreviated "NST"), akin to the UK's VAT or Canada's GST. When a remote purchase is made, the state to which the purchase is billed gets that portion of the NST. The state can then let the local governments do their own fighting over whatever scraps are left. I can't say as I particularly like local taxes anyway, and VAT and GST work extremely well in the UK, Canada, Australia, etc., so perhaps these folks are trying to solve a problem by reinventing the wheel...

    p

    1. Re:State sales taxes need to go by Anonymous Coward · · Score: 0
      VAT and GST work extremely well in the UK, Canada, Australia, etc


      Sorry but the GST system doesn't work well in Australia - this is because of the model implemented by our Federal government where businesses can claim back the GST against their purchases. This has led to widespread abuse of the system and a flourishing cash economy...
    2. Re:State sales taxes need to go by TiggsPanther · · Score: 1
      Sales taxes need to be abolished, and the federal government should implement a national sales tax (hereafter abbreviated "NST"), akin to the UK's VAT or Canada's GST. When a remote purchase is made, the state to which the purchase is billed gets that portion of the NST. The state can then let the local governments do their own fighting over whatever scraps are left. I can't say as I particularly like local taxes anyway, and VAT and GST work extremely well in the UK, Canada, Australia, etc., so perhaps these folks are trying to solve a problem by reinventing the wheel...

      Yeah, i guess it works really well. But I'd advise making sure that it's a small number.

      Here in the UK, VAT is 17.5%. That's almost one-fifth of the total cost going straight to the Government. And as soon as you start dealing with computers and stuff, that amount soon adds up.
      And let me just say that when I was a student/unemployed I was technically exempt from tax. No income so no tax there, and my savings weren't taxed, but the Government still got 17.5% of most of my spends (about 80% of petrol purchases).

      Tiggs
      --
      Tiggs
      "120 chars should be enough for everyone..."
  63. NO MORE TAXES by Camel+Pilot · · Score: 1

    Read it. Memorize it. Quit whining.

    Just pay your fucking taxes

    Let me guess you are from California. No?

    1. Re:NO MORE TAXES by Un+pobre+guey · · Score: 1
      Let me guess, you live on your own isolated, self-sufficient island nation with no need of government services of any kind, right? Yeah, fuck taxes man.

      What a crock. This guy apparently runs Sam McGees Hot Gourmet, which of course did not benefit from generations of work by the US Department of Agriculture, the Federal Trade Commission, DARPA (for developing the internet), etc. No sir, this guy is his own man. Did it all by himself.

      Even if you are outside of the US, your own agricultural, commerce, and communications ministries (or equivalents) have a large inheritance from their US equivalents. Taxation in the US is and has been vast, and without a doubt corruption of various kinds has been also. The payoff, of course, is a huge body of information, regulations, and services that most people seem to take for granted just as they simultaneously take maximum advantage of it.

    2. Re:NO MORE TAXES by Camel+Pilot · · Score: 1

      That was no more taxes not no taxes. There comes a point in time when taxes dog the economy and well-being of a nation.

  64. $Internet == $Mail_Order by Anonymous Coward · · Score: 0

    Internet and mail order are exactly the same, and should be treated exactly the same.

    I'd like to see a ban on internet taxation until there is a complete and total shift, without exception, to consumption based sales tax (since the rich spend more than the poor, and big companies spend more than small companies).

    10% is enough for God (tithing, tithe means "tenth" in hebrew), it should be enough for the IRS...

    Imagine a world without April 15th. A world without write-offs, loop-holes, and ineqaulity. A world where a tourist that spends 2 weeks vacationing in the U.S. effectively pays taxes just like a citizen (every time they buy something, which they should since they are enjoying the benefits of citizenship for those 2 weeks (roads, police protection, etc)).

    Just imagine it, because you're never going to see it. Not as long as our government is run by the self-serving, and that won't change anytime soon. Our government is owned, and H&R Block, the IRS, et al aren't about to roll over and go away, even if it is for the best.

  65. That would be.... by narftrek · · Score: 1

    2.5% Colorado Springs (as of January 1, 2002 through present)
    2.9% State of Colorado
    1.0% El Paso County
    6.4% Combined Sales and Use Tax

    Wow that was hard to figure out....now where does it go? Well to Colorado of course. Mail order taxes and similar should go to the point of delivery. Which would be in Colorado Springs. That may not be the official rules though-I don't live in Colorado....thank god.....

  66. Well fuck me raw! by Anonymous Coward · · Score: 0

    Timmy got the cock out of his mouth long enough to post an article!

  67. More states w/ out sales tax by Maskirovka · · Score: 2, Informative

    No state sales tax in Alaska, or Montana.

  68. WTF? by GoldenBB · · Score: 1

    Can anyone explain to me how North Carolina can claim it is losing $680m in revenue that it isn't even legally entitled to collect? That isn't a "loss" as much as it is "diabolical plotting."

    I seem to launch into an uncontrollable rage whenever I hear about how unfair it is for competition that mail order and Internet sales have no sales tax applied. The *only* solution these money-grubbers can come up with is--you guessed it--MORE FREAKING TAXES!!!! Hello? How about repealing the state sales taxes that are the root of the "competition" problem to begin with?

    And what of the interstate commerce clause in our now outdated and largely ignored US Constitution? Does it mean anything anymore?

    The government breaks your legs, then hands you a pair of crutches and says: "See? Without me, you couldn't walk!"

  69. Why I still won't buy locally. by Charcharodon · · Score: 1

    I don't buy mail order just because it's cheaper, it's because of everything else I don't have to do. No crowds, selection, price, no driving (it's 45minutes to the mall each way), and no BS. The no tax is a bonus. For some odd reason I don't like paying (8.25%) money to the Liberal Scum that run California like it was their own little private business. If they would do something other than squander it, I might be more inclined to pitch in. Even if they manage to start collecting taxes from stuff I buy out of state, I will still make it a point to avoid spending any money locally. Screw this state and screw the criminals (politians) that run it. Being military helps out in that department. No state sales or fuel tax can be collected on base. The fuel tax is one of my biggest pet peaves. They collect four times ($16 billion) what they actually spend on the roads and then gripe about not having enough money to do upgrades or repairs. Let's not mention my $300 license plate renewal fee. Arrrrrrggggggggghhhhhhhhhhh!!!!!!! I'm going to bed before I get myself worked up into a very long rant.

  70. Perfect time to sell National Sales Tax by Mr.+Arbusto · · Score: 2, Interesting

    Using this as an oportunity, someone could start pitching a national sales tax. As much as the states will try, there won't be a law making it legal to tax items purchased in another state. I know that here in Wisconsin we are technically supposed to pay sales tax on out of state purchases via our personal income tax. Anyway, back to my point.

    While cash strapped states might not like the idea, the federal government could impose a federal sales tax on ALL items. I would find this ideal over our current tax structure and now would be the perfect time to pitch this federally.

    The only fears I have is congress (Money grubbing freaks on both sides of the spectrum) will want to use it as an income suppliment rather than a replacement for our current tax structure.

    I'm going to stop short of preaching and trying to sell the idea of National tax and say that States will try, and may even pass laws but in no way be able to enforce such laws.

    Proofreading and spelling checking is for losers

    1. Re:Perfect time to sell National Sales Tax by Ozric · · Score: 1

      I posted it somewhere else but its call HR25 now, here is a good site for looking at it side by side with some other plans.

      http://www.fairtaxvolunteer.org/materials/compar is on.html

      I am with you .... its a good deal and fixes a huge number of problems with the current mess we are in.

  71. CORRECTION: It's the Democrats by Anonymous Coward · · Score: 0

    It's the Democrats (of course!) who are pushing for Internet sales taxes. Republicans like Bill Owens are opposed (WTG Bill!).

    1. Re:CORRECTION: It's the Democrats by Anonymous Coward · · Score: 0

      Yeah, Democrats are DUMB.

    2. Re:CORRECTION: It's the Democrats by anubi · · Score: 1
      From the article...
      "I cannot overemphasize how important this is to each state and each community in America," Rep. Ernest Istook, an Oklahoma Republican and sponsor of the bill,..."[emphasis mine]
      If you think any particular party is gonna stand up for the little guy, they only say that before an election... not now.

      When elections come up, all the bobbing heads say how hard they are gonna "fight" for us. NOW is the time to see this and note whether that bobbing head should see another term, or be replaced by someone else who WILL.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

  72. Small Entrepreneurs LOVE this! by gbeverly · · Score: 1

    I'm a small business owner: an Apple reseller with a storefront. We sell stuff the same price as the mailorder/internet stores, but we just get killed by unfair sales tax policies. Our local rate is 8.3%, which is an enormous competitive disadvantage.

    Picture this: somebody comes into the store holding a catalogue, askes a bunch of questions about various products, and compares prices. I just tell'em that they're holding my catalogue.

    "Really??" they say, somewhat amazed.

    "Look" I explain, those guys aren't giving stuff away, they just act like it! Same price here and we know the products, we'll support you on it far better than they can, and we have it in stock right here"

    INVARIABLY, the next comment is about sales tax:

    "But you charge me sales taxes"

    My reply:
    "No, the state, the county, the city, the goddam jail district, the community college, and the public schools all charge you sales taxes AND force me to collect them, and explain all this to you for ZERO compensation. If you purchase these goods from out of state and you do not pay the use taxes you owe on the purchase (and a miniscule fraction do pay it), you are cheating your local community and your neighbors. Those taxes pay for the streets you drive on, for fire and police protection, for the zoning department, for the library, for the schools, and more. If you evade the tax, you are sending your money out of state, out of your local community, to the profit of mega corporate interests. If you don't support your local reseller, we won't be here to answer questions, fix your broken stuff, and provide warranty support. Further, by evading the tax, you force local government to raise tax rates further."

    This little lecture does surprise most people. I can and do make all these points nicely, not intending to offend, only to educate. Most folks have no idea.

    I don't like taxes either. However, basic fairness between business competitors demands a level playing field. If the damn taxes were zero everywhere, that would be good and fair. Short of that impossible dream, the taxes should be equitable. I'll compete on the basis of product knowledge, availablilty, price, and service, and I'll do very well thanks. And so will my customers.

    The selfish, shortsighted attitude expressed by most of the posters on this topic is an embarrassment.

  73. Ideas by Maskirovka · · Score: 1

    Businesses could just not ship to addresses in states the collect the tax. Or just just charge a tax hassle fee of $20 to compensate for the paperwork time. Just my 12.5%

  74. one more thing by Sivaram_Velauthapill · · Score: 1

    One more thing... if you are NOT in favour of legalization of drugs, what is your proposal? Are you supporting the status quo (and indirectly the "war" on drugs)? Or do you have another idea? I'm open to suggestions...

    BTW, I hold a similar view with prostitution (it should be legalized). But I would want input from feminists because some of them consider prostitution (which mostly affects women) to be exploitation (similar to how capitalists exploit workers). If that is indeed true, then I wouldn't support prostitution.

    Sivaram Velauthapillai

    --
    Sivaram Velauthapillai
    Seeking the meaning of life... @slashdot of all places ;)
  75. Buy From Other Countries, Nope by cmholm · · Score: 1
    You may think you can skate on sales taxes by buying from abroad, but you'd be wrong. Two reason: other nations' taxes, and the US Customs Service.

    Other than Hong Kong and a smattering of other holes in the wall, most nations selling anything you're interested in have a VAT that hits even harder than just about anything Stateside. If that doesn't deter you, it'll be the wait while your package sits in Customs. Collecting duty on imports is the oldest form of taxation on the books.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  76. Foreign E-Commerce by catherder_finleyd · · Score: 1

    A big issue not well addressed in all this is the role of foreign E-Commerce sites and portals. Will they need to collect US sales taxes on sales to US addresses? If so, how can it be enforced? Could we expect the rise of foreign E-Commerce sites targeting US residents, as has happened with gambling sites, and pharmaceuticals?

  77. Bad idea by salesgeek · · Score: 1

    This is where I like Bush: any bill to create a broad new tax is likely to get vetoed. Bush is still haunted by his dad's "read my lips no new taxes" comment.

    Be very concerned if you are an online retailer, or make your money from ecommerce development if Bush looses in 2004. Most democrats wouldn't hesitate to tax the snot out of us.

    --
    -- $G
  78. This is for B&Ms by Angry+Black+Man · · Score: 1

    B&M stores believe that they're losing business to internet stores because of they have to enforce taxes while the internet stores don't.

    While that is a plausible story, I just don't think that is the reason for people shopping on the internet.

    If I want a DVD that is available at Circuit City, I'm not going to order it online just because I don't want to pay tax (especially if they're the same price).

    But if I find some equipment for $100+ LESS on the internet... well obviously I'm going to buy that.

    B&M stores need to become more competitive with internet stores, not try to rally for sales tax online.

    --
    the byproduct of years of oppression by the white man
  79. Increased sales for overseas firms by Quixadhal · · Score: 1

    Even as an end user, if this goes into effect I'll happily pay the exchange rate and overseas shipping just to avoid having to figure out the damn tax implications for buying $300 from one state and $200 from another. We're already taxed on income, the seller is already taxed for the sale as their income... wasn't one of the main reasons we declared independance from England double-taxation???

  80. No Problem, move to Oregon by Anonymous Coward · · Score: 0

    No sales tax here.... and it's a nice place if you stay away from Portland.... mostly computer geeks and loggers.... at least logging is honest work

  81. What about exempt items in state? by DigitalSorceress · · Score: 1

    The article mentions taxing orange juice as a drink but it would be exempt if it were classified a fruit. This got me thinking... This unified system is looking real bad and here's why:

    I live in MA and work in CT. In those two states there are 5% and 6% sales taxes respectively, but in both of them, all food (non-restaraunt/meals) is exempt, and all clothing items under a certain $ amount (I forget the amount, but it's like individual items over $100 or something) are exempt.

    I'm wondering how the new unified system will handle those kind of things, or are they saying that states that adopt this agreement will change their policies.

    I'm bothered by the idea that this "remote tax grab" would mean that items essential to living (ie. basic food and clothing) that have traditionally been exempt from taxation in some states would lose that exemption. I traditionally lean Right in my political opinions, but this strikes me as a rather regressive tax policy.

    --

    The Digital Sorceress
  82. Wrong! by Anonymous Coward · · Score: 0

    This shows what I mean. The address is actually a 13 mile drive outside of Colorado Springs city limits, and hence not subject to Colorado Springs taxes. The tax rate would be 2.9% + 1.0%... except that in Colorado food stuffs are not subject to taxes, which includes plants used for food purposes. The correct answer is 0%.

  83. eliminate income tax, then we will talk by Anonymous Coward · · Score: 0

    otherwise this is just more theft from working citizens to pay for bloated and inefficient pork barrel programs

  84. Border issues another example... by cyberwench · · Score: 1

    I've moved to Canada, all the rest of my family is in the United States. I like Amazon because I can order from amazon.com to have things sent there and they can order from amazon.ca to have things sent to me. I had things shipped there in my name for Christmas last year so they'd be all ready when I got there.

    It means I don't have to:

    1) Explain every single thing to the assorted (and generally cranky around the holidays) border guards and airline security people.

    2) Worry about needing to pay duties on anything.

    3) Worry about what the weight limit is for my flight.

    4) Worry about delivery. It gets delivered a heck of a lot faster than if I had something sent to the US from Canada. The post office's "next day" service to the US guarantees it'll be there in a week... or so.

    I could care less about sales tax, for the most part. The ability to order things cross-border will keep ecommerce a useful option for me.

    --
    ~ Leilah