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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."

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  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 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.

  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. 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.

  4. 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.
  5. 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.