Slashdot Mirror


Ban On Internet Sales Tax Ends Saturday

donnyspi writes "As reported in the Rocky Mountain News, among other places, the 5 year ban on collecting sales tax on purchases over the internet is scheduled to end Saturday. 'The original moratorium was established in 1998, renewed in 2001 and is set to expire Saturday. The U.S. House of Representatives passed a bill in September that would expand the ban and make it permanent. Similar legislation hasn't yet been voted on in the Senate.'

16 of 192 comments (clear)

  1. I bought a laptop last monday from Dell... by llamaluvr · · Score: 3, Interesting

    I bought it over the internet, obviously, and they still added $80-odd to my bill for sales tax. If the ban wasn't over yet, how come sales tax applied to my purchase?

    --
    Insightful: 76, Off-Topic: 379, Flamebait: 24, Funny: 152, Interesting: 201, Underrated: 55, Troll: 9, Total: 896
    1. Re:I bought a laptop last monday from Dell... by blazer1024 · · Score: 5, Interesting

      State sales tax laws are a bit weird.. IANAL, but from what I've researched on it, if a company has ANY physics presence in the state where you are purchasing an item, you must pay sales tax on that item, regardless of how you order it, or where you placed the order. What matters is your physical location.

      So it's quite possible that Dell has a physical location in the state where you live, and therefore you have to pay sales tax. If they do not have physical presence in your state, then you were inappropriately charged sales tax and you may be able to get it back.

    2. Re:I bought a laptop last monday from Dell... by kaleth · · Score: 3, Informative

      Because it isn't really a sales tax ban. If you have a physical presence in the state, you are still required to collect sales tax. Only interstate purchases are exempt, because of the difficulty in complying with all of the different sales taxes laws.

    3. Re:I bought a laptop last monday from Dell... by Mantorp · · Score: 5, Informative

      From The electronic commerce associationThe Supreme Court blocked the states in Quill Corp. v. North Dakota, 504 U.S. 298 (1992). In Quill, the Supreme Court held that, because state sales and use taxes are so complicated, a state cannot require a remote seller to collect sales or use taxes unless the seller has a physical presence, or "nexus," in the state.

    4. Re:I bought a laptop last monday from Dell... by ennuiner · · Score: 4, Informative

      I had the [mis]fortune of working for Dell's consumer sales phonebank this summer. This was a constant source of annoyance for customers who wanted to buy at advertised prices. They understood shipping, but did not quite understand why we had to charge sales tax in states where we had a business presence. Unfortunately, Dell has sites in some big states like Texas and Florida, too. Anyway, the states where Dell has to charge the full sales tax are Texas, Tennessee, Florida, Ohio, Pennsylvania, Kentucky, Nevada, North Carolina, and Oregon. If the machine has an on-site service contract, like desktop and some notebook systems, Dell charges tax on the value of the service contract in all states with sales tax. The contracts are handled by a third-party contractor, Banctec, so Dell isn't the company with the business presence in that case.

      --
      Somebody please, tell this machine I'm not a machine.
  2. While we're at it... by Capt'n+Hector · · Score: 4, Funny

    Can we ban charging for shipping too?

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
    1. Re:While we're at it... by stefanlasiewski · · Score: 3, Funny

      And while we're at it, lets ban the charge for the actual item as well.

      I work hard. I think I deserve a free plasma television.

      --
      "Can of worms? The can is open... the worms are everywhere."
  3. RTFA - It's not a sales tax ban! by kaleth · · Score: 5, Informative

    The ban that is about to expire is the one on taxing online services (such as ISP access). The "ban" on collecting sales tax over the internet is because of a law, but is the result of a court decision (which originally concerned catalog sales).

  4. There is NO ban on sales tax collection by siskbc · · Score: 5, Informative
    No one really ever has understood the law passed in 1998, evidently including the person who submitted the article. The tax ban was on internet *access*, not on internet sales tax collection. Ever notice that you DO pay sales tax if you buy something in the state you live? There's no ban, obviously - the problem is a jurisdictional one (interstate commerce, namely). In short - there has NEVER been a Congressional ban on collecting sales tax over the internet.

    If Congress wants to allow taxing of internet access by the states, they will now have the ability, though they probably won't. If they want to allow taxing of internet sales, they'll have to get around Supreme Court decisions that say states can't collect taxes on residents in other states. But the issues are NOT related, despite the frequency with which people screw this up.

    --

    -Looking for a job as a materials chemist or multivariat

  5. Why Internet and Not Mail Order by Davak · · Score: 5, Insightful


    When mail order business was getting started, the traditional businesses and the government moaned and groaned about the lack of tax return... However, today nobody is looking to tax mail order. Why not?

    Mail order is been around far longer than the internet.

    The internet is a wonderful business model and vector. Let us not soil it with taxes just yet.

    Davak

  6. Catalogs by andyrut · · Score: 5, Insightful

    I see no reason why Internet sales should be treated any differently than catalog or telephone sales.

    If I buy a widget from Company X via a catalog when I live in a different state than Company X, I'm not charged Company X's state's sales tax. But when this moratorium expires, I could be charged state sales tax if the purchase were over the Internet. And then, which state's sales tax would I have to pay?

    Why should the medium of the purchase dictate the taxation rules? I, for one, would like to see sales tax laws universally applied for interstate commerce.

  7. This does not ban sales tax by bnavarro · · Score: 3, Informative

    It bans "use tax". It prevents states from taxing ISPs based on people simply connecting to the internet, like they do now for phone lines.

    State sales taxes on internet purchases have been, and are still legal, and congress is doing nothing to stop them.

    In fact, right now it is only possible for a state to successfully collect sales taxes if the e-commerce provider has a presence in their state, but the states are banding together to try to rectify this "problem", by creating a uniform sales taxation scheme that will force an e-comerce dealer in, say, New Hampshire, to collect and forward California state sales taxes from anyone residing in California.

  8. Tax systems by Knights+who+say+'INT · · Score: 5, Interesting

    Just a few ideas rolling - I'm sure /.'ers will come up with more, and comment on this specific case. Not being an american, I lack the general "feeling" on the workings of the american economy.

    0) Both empirical data and theoretical elaboration seem to concurr on that an Added Value tax would be the most efficient kind of taxation. Sales taxes don't quite distribute tax burden efficiently along the production chain. But how complex is really the production chain in a high added value internet reseller?

    1) In countries with a high unemployed capacity, sales taxes will be very hurtful, as they will reduce consumption. But in a mature economy like the US, a carefully planned combination of consumption taxes and investment exemptions could encourage savings - and americans save four to five times less than their european counterparts.

    2) The deadweight burden (the loss in welfare that doesn't become govt revenue) of a tax depends (among other supply-related factors) on demand elasticity - how much will demand react to a change in prices. If internet buyers are more price-sensitive than, say, buyers at the Walmart station in Dullsboro/OH, this could be hurtful to profitability perspectives as a whole.

    3) How will this affect e-commerce with other countries? Foreigners are never happy to pay US taxes.

    4) From a general equilibrium viewpoint, how large is the internet retail market in comparison to the large scheme of things? If not large enough, could it be the proverbial butterfly in south america causing a month-long storm in India?

    5) I don't know if product-factor (Leontieff) matrixes are done by US bureaus of statistics regularly, but it would be interesting to take a peek if they did. Leontieff matrixes attempt to capture the interdependence of sectors in the economy - and while not being theoretically strict from a general equilibrium viewpoint, they're a very practical statistical tool. Anyone knows something about this?

    6) Are they just trying to alleviate the govt. deficit? It doesn't seem to me the administration really cares about govt deficit.

    7) Are they trying to impose stricter regulations on the internet on the grounds of tax evasions?

    8) etc. etc.

  9. Re:Going to be interesting to see the difference by Jin+Wicked · · Score: 3, Insightful

    Anyhow this probably won't be a big deal for most internet businesses except for the paperwork. It might not hurt them at all if there is a provision made for the expense of collection. It will hurt those that were only in business because they were a tax dodge.

    You'd be surprised how much a little extra paperwork can cripple a sole proprietorship (I'm not allowed to have employees unless I change my business status and incur another whole world of complications), already being run in combination with a second job, like me. Collecting and remitting state sales taxes, along with regular accounting, and reconciling that with federal income taxes and piles of extra forms is already a huge hassle and confusing as Hell. The ONLY way internet sales tax will work is if they establish a tax system outside of the existing tax codes and districts... like if I no longer remit TX state sales tax and just collect (for example) a "national internet sales tax" of X% that's divided between the states or something.

    If you ever looked at the tax districts, codes, what goes to states, city and metro jurisdiction... well, it's forked up. If they try to dump a convoluted national internet sales tax thing ON TOP of that, I think it would force a lot of small internet businesses like me to just throw their hands in the air and give up entirely.

    --
    My Webcomic: Asylum on 5th Street
  10. Slightly OT rant about taxes... by DCowern · · Score: 3, Insightful

    Warning: This is slightly offtopic but applicable to internet taxation nonetheless.

    One of the biggest complaints about sales tax is that (in brick and mortar outlets) you never know exactly how much you're going to pay for something. For example, I run over to Walmart and I want to buy a can of Spaghetti O's. The label reads $0.79/can. If I have $5.00 in my pocket, I can buy 6 cans... or can I?

    If I'm in an area with a different sales tax as the one I'm familiar with (in Louisiana sales tax varies from parish to parish where parish is the rough equivalent of a county), I may miscalculate the tax and I might not have enough at checkout.

    I REALLY wish the government would pass a law that all taxes must be included in the labeled sale price. The seller should take into account the appropriate sales tax when deciding how much to sell an item for and the state should just take a percentage out of the seller's gross sales. It would take an unneccessary burden of the consumer.

    If they did this and got rid of the penny, think of how much easier shopping would be. Keeping track of $0.50 for this, $0.35 for that, $20.50 for something else would be a lot easier than $0.39 for this, $1.99 for that, $19.99 for something else plus tax.

    They should do the same thing for the internet if they levy an interstate sales tax on items bought on the internet. Granted, it's a lot easier to hit "cancel" on a web checkout form than to put things back at a grocery but it would set a nice precident.

    P.S. -- VERY OT, has anyone else been getting lots of Server 500 errors when browsing Slashdot over the past week? I used to never get any and now I'm getting them in roughly one out every five page views... weird.

  11. Sales tax ban NOT expiring! by russotto · · Score: 3, Informative

    If only there was a "WRONG" moderation and it applied to the blurbs!

    The fact that Internet and catalog retailers don't have to collect sales tax for states they don't have a business presence in is a result of a Supreme Court decision and the Interstate Commerce Clause of the US Constitution (which reserves regulation of interstate commerce to the federal government). That doesn't expire. The states have been trying, since before the Internet was a big thing, to get Congress to change that. So far they've failed, but they are still trying.

    What does expire is a moratorium on a tax on Internet services themselves -- e.g. a tax on your ISP's services.