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Newegg Defies New York Sales Tax Law

JagsLive informs us that the electronics retailer Newegg.com is defying New York lawmakers; it has suddenly stopped collecting sales tax from New York online shoppers. The "Amazon tax," which went into effect June 1, requires online merchants to collect sales tax if they have any affiliates in the state. Amazon is complying but has sued the state on constitutional grounds. Overstock.com dropped all of its New York affiliates and then joined the Amazon lawsuit. Newegg started out complying with the law on June 1, but stopped collecting taxes for New York on August 21. From Newegg's letter to its customers: "After careful review and consideration, we are pleased to inform you that we have stopped collecting New York sales tax, effective August 21, 2008," reads an email the company tossed at customers late last week, including at least one loyal Reg reader. "This decision was driven by your direct and candid feedback and our continued commitment to you as our valued customers."

12 of 635 comments (clear)

  1. I'll admit, I'm a bit confused by metamechanical · · Score: 5, Interesting

    Could someone explain, isn't it required by (most) states' laws that individuals pay sales tax on goods purchased? I mean, people like "neglecting" to pay it, because it's easy to avoid, but ideally doesn't the New York law just shift the burden from the taxpayer at tax time to the retailer at time of purchase?

    I guess what I'm asking is: is this whole problem arising from the retailers' desire not to be burdened with the logistics of collecting tax, and the consumers' desire to evade the tax? Or is there something else I'm missing here?

    --
    If I had a nickel for every time I had a nickel, I'd be richcursive!
    1. Re:I'll admit, I'm a bit confused by LordKronos · · Score: 5, Interesting

      No, that's exactly it. It save newegg the effort, and also increases their business from customers who intend to avoid paying the tax themselves.

      It will even increase business from customers who DO intend to pay what they owe for 2 reasons:

      1) Something you will owe later doesn't FEEL as costly to many people as something you have to pay now.

      2) Many states (I'm not a new yorker, so I don't know if this applies to them) understand the difficulty in tracking your sales, and offer a flat tax option. If you intend to pay this way, then it's sort of like an all you can eat buffet. Once you've paid the flat rate, it's in your best interest to find as many retailers as you can that don't collect tax.

    2. Re:I'll admit, I'm a bit confused by pla · · Score: 4, Interesting

      Could someone explain, isn't it required by (most) states' laws that individuals pay sales tax on goods purchased?

      Yes, but when you purchase something from out of state, the normally-unintelligible mess of tax laws become even more convoluted.

      Many states have a "use" tax, which applies to items purchased from out-of-state by state residents. The burden of paying it rests on the individual, however, not the merchant (and very, very few people actually pay it except on items they can't avoid reporting, such as cars and boats).

      The real issue here involves what constitutes a "presence" in a given state, as well as where the transaction actually occurs. Most states would like to claim the transaction occurs at the location of the buyer, but so far the federal government hasn't let them get away with that. More commonly, states limit their attempts to collect to vendors who have some physical presence in that state - Meaning they have some power to make life miserable for noncomplying vendors.

      So then the question changes to "what constitutes a physical presence?". The largest online merchants such as Amazon have warehouses all over the country, but don't ever actually sell anything on-site, they just ship from there. So does that count as a retail presence, or not?

    3. Re:I'll admit, I'm a bit confused by plague3106 · · Score: 5, Interesting

      Right.. but the Use tax applies to citizens within a state buy something from out of state. Of course I don't understand how that survived any Interstate commerce challenges. It seems to be that while indirect, it's still affecting Interstate commerce.

    4. Re:I'll admit, I'm a bit confused by oyenstikker · · Score: 4, Interesting

      It doesn't even cope well with the paved world. If you buy a box of matches in Ontario County, NY, use half of the matches, drive to your home in Monroe County, NY, and then use the other half, you have to pay the difference between Monroe County tax and Ontario County tax on half the purchase price of the box of matches. Somehow you should get the tax difference on half the purchase price back if you do it the other way around, but good luck with that.

      Just a way to make sure that they can arrest any citizen in the country on tax evasion charges any time they want.

      --
      The masses are the crack whores of religion.
    5. Re:I'll admit, I'm a bit confused by WNight · · Score: 4, Interesting

      Wrong questions.

      Instead you should ask, "what does my state do to make it easier to purchase through Amazon?" That's directly related to how much tax they deserve.

      All NY taxes that should be paid (road taxes, etc) are being paid by the delivery vehicle owner, a fact which is represented by the shipping price.

  2. The Register copy and paste? by two_stripe · · Score: 5, Interesting

    Interesting to see that part of the article summary is a direct copy and paste from theregister.co.uk and not a link back to the original article?

    "After careful review and consideration, we are pleased to inform you that we have stopped collecting New York sales tax, effective August 21, 2008," reads an email the company tossed at customers late last week, including at least one loyal Reg reader. "This decision was driven by your direct and candid feedback and our continued commitment to you as our valued customers."

  3. Re:Use tax = sales tax and you are supposed to pay by jackb_guppy · · Score: 4, Interesting

    Your rates in Wisconsin is just the half of it...

    Towns in AR are incorporated around county land. The town has 1% added to already 5% making 6% - FOR THE TOWN LAND. Post Office makes these two lands appear as 1 so the only choice is charging the 6% for the county land. Military Bases and Parks also fall into these traps.

    Washington state has MTA the follow the boundaries elementary school districts. Again you do not know for a given address if it is in or out school district.

    Mobile AL has MTA so EVERY postal code two rates.

    Texas has multiple rates that can add up to 3% over the state rate, but they are added in order so that if the full rate can be used (ie going over 3% total) then it skipped and you add the next rate.

    Memphis Area has sales tax rate ONLY for the first $2500 then it drops to 0.

    In most states Sales Tax is charged at the point of consumption (ie Where is the Cash Register). But that can also mean "Where is the customer's mailbox" since the goods are being delievered to customer, no consumption occurred until delivery. Texas just changed theirs back to be where the business is located, to help delivery companies (like flower) from having to figure out all the local tax rates.

    Even the large tax rate companies are not being of help. They need a system that does Address Correction and Tax Rate following geo-boundaries.
         

  4. Finally by elwin_windleaf · · Score: 4, Interesting

    As a NewEgg customer and a New Yorker, I'm glad they finally quit playing along with our rogue Attorney General.

    This is the same attorney general that convinced major ISPs to block access to newsgroups because they might be used to transmit child pornography.

    I can't wait until he's up for election, personally.

  5. NY taxes by theflakes · · Score: 5, Interesting

    I live in upstate NY as well and I see the tremendous issues NY has with attracting good paying jobs. NY is unable to attract new business' therefore they look to supplement their revenue by taxing the business' they can't attract here even if said business has no physical presence in the state. NY government has this view that they are entitled to a piece of the action. They are not. If they can't attract the business here they lose and should lose. The NY government is what is getting in the way of business' coming into NY and entrepreneurs starting new business'. I'm afraid you will see more of what Overstock did and thus hurt the NY economy even more. We in NY have politicians completely out of touch with the reality of the business world.

    I find it amazing that when a government raises taxes they think the rich will pay it. The rich will just raise the cost of the goods they are selling accordingly in most cases.

  6. Why both candidates are retards. by tjstork · · Score: 5, Interesting

    I do not think that word means what you think it means. In the context of taxes, it's not a meaningless epithet; the sales tax is not progressive, it is flat

    Actually the sales tax is regressive.. but that's another story. I was really thinking more about how income taxes tend to be shifted to the rich. What happens now is that, because the taxes are stacked so much on the wealthy, the revenue stream for the government is wildly unstable.

    The thing is, about Republican politics, is that, they haven't honestly told the whole story about how taxation is supposed to work. Really, to get the lowest overall rate, everyone has to pay -some- taxes. But what's happened over the years is that this has been translated into the idea of tax cuts and for the wealthy to get tax cuts, thus, the middle class has to get them, and right now, poor people aren't paying any taxes at all.

    If you really wanted to maximize both the size and the stability of the tax stream against all other goals - in other words, without being "nice about it", you should probably have a federal sales tax to tax the poor and criminal classes and enough of one to also be an effective tax increase on the middle class, and then lower the tax rates on the rich so that effectively, everyone is paying the same overall rate. That minimizes the risk to the tax collection portfolio.. oh christ, there I go using that "revenue" term that i just flamed about, by spreading it to the most people.

    Then, if taxes are too high for people, then you cut them, but you also have to decide what out of government you don't want. Realistically, at the federal level, this is going to mean BOTH a capping of the entitlements AND a cut to the size of the defense budget.

    In the face of that, when you look at the candidates, you can see that both are pretty much retarded. Obama wants to raise taxes on the rich and then tease with a middle class tax cut and take the poor off the roles altogether, completely destabalizing the payment stream. McCain wants to lock in Bush's taxes, which is ok, but he also needs to think about a national sales tax, to hit the poor with. Both sides need to chop spending. In Obama's case, that means saying by by to his big social programs, and in McCain's case, it means that the army shouldn't get Future Combat System and the Navy might need just build more normal ships, and the air force might need to choose one kind of fighter rather than two.

    --
    This is my sig.
  7. Re:Welfare States by infosinger · · Score: 5, Interesting

    Very puzzling--so if Blue states end up being the losers on this deal why do they want to send even more money to Washington, D.C. Seems to me if I am getting less than what I am sending, I should send less. Something is missing here -- not sure what, though.