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NY Times, LA Times Want Amazon To Collect More State Taxes

theodp writes "Recalling that CEO Jeff Bezos originally explored placing Amazon.com on an Indian Reservation near San Francisco to 'have access to talent without all the tax consequences,' the NY Times argues it's time to put an end to the e-tailer's 'entity isolation' tax-avoidance games. The LA Times chimes in, saying Amazon's claims that collecting sales tax constitute an undue burden are 'worth a horselaugh,' noting that Amazon boasts it has no problem keeping track of millions of unique products."

62 of 507 comments (clear)

  1. How do you think it works in the EU ? by BESTouff · · Score: 3, Informative

    Amazon has to collect taxes in countries where the law makes it mandatory, e.g. in the EU. So it's not so hard.

    1. Re:How do you think it works in the EU ? by Dhalka226 · · Score: 5, Insightful

      Those entities where they do it are done on a country level, which is fairly simple.

      I won't claim that Amazon can't get it done, because they're smart people with incredible infrastructure and metric crap-tons of money that they could throw at the problem if they so desired. I can tell you that I live in Cook County, Illinois where Amazon would be forced to collect not only the Illinois state sales tax, but also a Cook County sales tax. I can tell you that since they sell cigarettes, that county sales tax is different for that product versus others. I can tell you that while I myself do not live in Chicago, if I did and I ordered from Amazon they would also then be obligated to collect yet another sales tax. And that, you guessed it, Chicago also levies "sin taxes" on certain products including cigarettes, soft drinks and--don't ask me why--bottled water. And I can tell you that the tax rates are scheduled to change in July 2010.

      That is, of course, one potential set of jurisdictions for one potential customer. Now multiply that ridiculous level of legal complexity for every possible combination of city, county and state that are applicable and you're quickly arriving at a system of rather ridiculous proportion. Better that we not bother, in my mind.

      Before anybody says "but we're only talking about state taxes!" I'll head it off by saying two things: First, that if we're going to make them collect state taxes you can bet the next debate is going to be about other levels of government as counties* and cities all complain about how their budgets are struggling too. And second, that it only helps marginally. In my example, about half of those county and city taxes are actually collected and administered by the state of Illinois, essentially making them state taxes that are only applicable in certain areas.

      I understand the plight of the brick-and-mortars who not only have to compete on price but also on a lack of sales tax. I also understand the struggles of many cities and states with their budgets for the past decade or so now. But this is a ridiculously complicated system, far different from the "ZOMG X% VAT" that Amazon deals with in other countries. Setup would be bad enough, much less maintaining compliance with all such systems.

      Impossible? No. Unwieldy? Definitely. Worthwhile? Not in my mind.

      * I think Cook County may be the only county in the country that is legally permitted to levy its own sales tax, but I'm not sure.

    2. Re:How do you think it works in the EU ? by GizmoToy · · Score: 2, Interesting

      Perhaps, I'm not familiar with the tax laws in the various EU countries. I do know that there are many states that have taxes that vary by county. Counties are not easily discernible by zip codes, which makes it very difficult to accurately determine the buyer's location. You can't trust the buyers to do it, either, because if given the option they'll choose the one with the lowest tax.

      Add in the fact that each county has different taxes for different items (cigarettes, alchohol, ammo, soft drinks, even junk food in some) and you have yourself a mini nightmare of tax law. Ohio, for example, has 88 counties, all of which tax differently. Not only can these taxes change at any time, it's not unheard of to redraw county lines. You can see where online retailers are going to need an army of tax lawyers to make sense of it all and keep it up to date.

      Either way, Amazon probably has the resources to do so, but do all online retailers? I doubt it...

    3. Re:How do you think it works in the EU ? by Cwix · · Score: 4, Informative

      * I think Cook County may be the only county in the country that is legally permitted to levy its own sales tax, but I'm not sure.

      http://en.wikipedia.org/wiki/Sales_taxes_in_the_United_States. I know for a fact that counties in georgia also levy sales taxes, theres more listed here.. trust me cook county isnt the only one, and to assume so showed you have never left home.

      "Georgia has a 4% state sales tax rate. Groceries are exempt from the state sales tax, but still subject to tax by the local sales tax rate. Counties may impose local sales tax of 1%, 2%, or 3%, consisting of up to three 1% local-option sales taxes (out of a set of five) as permitted by Georgia law."

      MANY MANY MANY counties have sales taxes across the country.

      --
      You are entitled to your own opinions, not your own facts.
    4. Re:How do you think it works in the EU ? by larry+bagina · · Score: 2, Informative

      Aside from county sales tax, some cities/municipalities have their own sales tax. And sometimes the maps for them get very strange.

      --
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    5. Re:How do you think it works in the EU ? by pmonje · · Score: 2, Informative

      * I think Cook County may be the only county in the country that is legally permitted to levy its own sales tax, but I'm not sure.

      I'm not sure about others, but in NY we have taxes at the state, county and city level.

      This seems like a case of the states trying to make a grab for more money without upping their own taxes.

      Catalogs have never had to pay out of state sales tax unless the company owned land in the state they were shipping to, like a warehouse, store or distribution center.

      NY has been pushing this idea for a while now. Most people don't realize that NYS now demands sales tax on any item purchased out of state for use or consumption within NYS. They passed the law a couple years ago without much fanfare and buried it in a small easily overlooked section of the NYS tax return. I imagine it's just lurking there until they find an easy way to track incoming parcels from amazon and QVC.

      So if you walk over the border to Pennsylvania, buy a candybar and don't eat it till you return home to NYS, you're supposed note that purchase on your tax return and pay the applicable sales tax on April 15th.

    6. Re:How do you think it works in the EU ? by Anonymous Coward · · Score: 2, Insightful

      I really don't get that argument - they have no physical presence (ignoring their distribution center locations) in your county/town (maybe in your state, I don't know how large a region each distribution center services). Why should they be subject to sales taxes from an area they have no presence in? I would view this as equivalent to your home county trying to charge you taxes on souvenirs purchased in NYC or DC. I would be perfectly fine if they charged sales tax at the site(s) of the distribution centers that ship the products or at the location of their corporate headquarters.

    7. Re:How do you think it works in the EU ? by lena_10326 · · Score: 3, Interesting

      Brick and mortar stores - all of which have to collect and pay sales taxes - also have to pay corporate income taxes. Why should Amazon have such a huge advantage over brick and mortar stores?

      Huge advantage? Ever heard of shipping? Bumps the price of the item up about as much as sales tax. In fact, since I live in WA I already have to pay sales tax on my Amazon orders on top of shipping costs. It makes small items cost about 2 or 3 times what they cost in the local Target/Walmart.

      --
      Camping on quad since 1996.
    8. Re:How do you think it works in the EU ? by MooUK · · Score: 3, Insightful

      If the buyer lies, that's the buyer committing tax fraud and the buyer's problem, not Amazon's. 'Least, that's the way I'd see it. Require the buyer to state their county, and work it for that. Job done.

    9. Re:How do you think it works in the EU ? by Nutria · · Score: 2, Informative

      In Louisiana, there are also Water Districts and Levee Districts, which overlap county boundaries and almost certainly overlap zip code boundaries.

      The constantly changing tax rates, plus constantly changing exception lists, makes management a nightmare.

      But a jillion national brand brick-and-mortar companies (Walmart, Home Depot, Sears, JCPenney, etc, etc) know how to do it, so Amazon and NewEgg can figure out how to do it.

      --
      "I don't know, therefore Aliens" Wafflebox1
    10. Re:How do you think it works in the EU ? by demonlapin · · Score: 2, Insightful

      All the B&M companies only have to figure it out once per store. I'm pretty sure Amazon can afford to do this per customer, but there are a lot of small companies that can't.

    11. Re:How do you think it works in the EU ? by thisnamestoolong · · Score: 2, Insightful

      Not to mention the advantage of being able to walk into the store and leave with whatever it was you were looking for -- rather than having to wait a few days and then deal with the damn UPS guy who always seems to come in the 10 minutes that you left to go pick up a few things at the store.

      --
      To the haters: You can't win. If you mod me down, I shall become more powerful than you could possibly imagine
    12. Re:How do you think it works in the EU ? by mcgrew · · Score: 2, Interesting

      * I think Cook County may be the only county in the country that is legally permitted to levy its own sales tax, but I'm not sure.

      No, Sangamon County has a sales tax as well. Here in Springfield there's the state sales tax, county sales tax, and city sales tax. Oddly, when I buy a $.99 loaf of bread at County market, it comes to an even dollar, so I guess food isn't taxed at the state or city level (not sure why though).

      That is, of course, one potential set of jurisdictions for one potential customer. Now multiply that ridiculous level of legal complexity for every possible combination of city, county and state that are applicable and you're quickly arriving at a system of rather ridiculous proportion.

      That's what computers are for.

      Worthwhile? Not in my mind.

      Well, I don't like paying taxes either, but I'd say if they're going to those lengths to dodge taxes and the various governments are fighting so hard to collect them, maybe it is worthwile. I'd rather pay income tax than sales tax, and IMO property tax is downright evil. I knew an elderly couple about 20 years ago who had paid off their house, but its valuation rose so mch that they lost the house over the taxes.

      Once I've paid for something it should be mine; nobody should be able to collect any more money for it.

    13. Re:How do you think it works in the EU ? by azrider · · Score: 3, Interesting

      And sometimes the maps for them get very strange.

      And it can get even stranger. At least in Arizona, your zip code is not an indicator as to the county you live in (not to mention what city). In order to administer collection of sales/use taxes down to the local level (yes, we do have cities that levy sales taxes), you would almost need GPS/GIS information.

      If you have a Queen Creek zip code, you might live in Queen Creek, in unincorporated Maricopa county or in unincorporated Pinal county (all at different rates). Which combination of state/county/local sales taxes do you collect?

      The same goes for the Pinal/Pima county line (Red Rock and Marana). Once again, one zip code with multiple jurisdictions with different tax rates.

      When the politicians say this is an issue of fairness (no sales tax - competitive advantage to online retailers), they somehow miss the other side of the coin. When the brick and mortar stores add handling and delivery charges the online stores should collect sales taxes.

      --
      And ye shall know the truth, and the truth shall make you free.
      John 8:32(King James Version)
    14. Re:How do you think it works in the EU ? by Nutria · · Score: 3, Insightful

      There's a business for you and a CPA: create a GIS-style database, continuously updated, that determines the sales tax rates of every address in the country. License it, along with an API, to Big Internet, like NewEgg and Amazon, and as SaaS to small companies.

      --
      "I don't know, therefore Aliens" Wafflebox1
    15. Re:How do you think it works in the EU ? by Anpheus · · Score: 2, Insightful

      I think that's the bigger issue. If we set a precedent where you have to have the infrastructure to keep track of all the sales taxes in the US in order to operate an online storefront, we'll end up killing all but the biggest players.

    16. Re:How do you think it works in the EU ? by Dun+Malg · · Score: 2, Insightful

      How do you map the last few branches of the tree, when tax rates do not map to anything less complicated than the lat/lon coordinates corresponding to the delivery address? Are counties/cities going to provide that insane GIS data set?

      Smugly focusing on the data structure rather than the real problem, which is the selection process shows how poorly you understand the problem.

      --
      If a job's not worth doing, it's not worth doing right.
    17. Re:How do you think it works in the EU ? by slarrg · · Score: 5, Informative

      It's not just a tax rate per address. It's per address per product. For example, in New York, clothing under $110 is exempt from state taxes but not necessarily exempt from county, city or other local taxes. Any clothing item over $110 is charged tax on the full price. In Massachusetts, clothing under $175 is exempt from state level sales tax but only the portion above $175 is taxed for higher ticket clothing items. In Connecticut only some clothing items under $50 are exempt from state sales tax. So, just in the category clothing, you can see that what is taxed, which portion is taxed and which items are included in the category definition is different. This is just on the state level and not including the myriad city, county, district and other taxes.

      Taxes may be based on types of products: in Massachusetts, the American flag, among other items, is exempt from taxes; in Pennsylvania, textbooks and disposable diapers, among other items, are exempt; or as another poster mentioned, the Chicago Soft Drink Tax (where additional taxes are charged for "soft drinks".) Taxes may be based on areas: higher taxes for Bay Area Rapid Transit district and Louisiana tourism district or reduced taxes for New Jersey's Urban Enterprise Zones. Taxes can be charged based on intended use: in Indiana, a 15 ounce bag of potato chips is tax exempt (food items are exempt) whereas a personal sized bag is taxed because it is for immediate consumption and in California fertilizer is exempt if it's used to grow food.

      Realistically, taxes can be based on any criteria that enters the twisted mind of a politician in the tiniest of jurisdictions, Currently, sales taxes can differ based upon temperature of food, whether the customer is a college student, distance from an airport, whether the product is in its original package, whether the product is intended to be used at home, etc. Most sales taxes are charged based upon the sales price while Hawaii also charges a portion of their excise tax (their sales tax equivalent) on the wholesale price and other states only charge on a portion of the sales price (such as the amount of clothing over $175 above.) Many states and municipalities also charge a restaurant and/or hotel tax and it's amazing what can get swept into that tax, such as candy, chips, soft drinks, juice boxes, bottled water, or other immediately consumable items, which an online retailer may sell.

      In addition, many states have tax "holidays" when taxes are not charged: in Florida, a "back-to-school" tax holiday is often enacted on clothing, books and school supplies under a certain price; in Georgia, a tax Holiday, usually in October, is enacted on Energy Star rated appliances; Texas's tax holiday lasts for an entire weekend and applies to many items and exempts clothing and footwear under $100 but still taxes golf shoes, no matter the price.

      Sales taxes are much more complicated than most people realize and they are completely at the whims of state, county, regional and municipal government officials. The category definitions are different from state to state and often different for local taxes within the state. This means the local taxes are often different from other locations within the state but also means that the local definition may differ from the state's own definitions. So for any given product, any of the taxes; state, county or municipal; may or may not apply. For a physical store, a local accountant can advise you how the taxes apply for that particular location but an online store would need to know what rate applies for every single product for every single address. Obviously, most of these combinations would never actually occur but the databases would need to contain a solution prior to the person placing the order.

    18. Re:How do you think it works in the EU ? by tf23 · · Score: 3, Informative

      And I thought Ohio was the only state that had such fucked up sales tax laws. In Ohio, too, you cannot plainly use a zip code to determine sales tax, because the county lines to not abide by them. So you have to factor address, city, county and zip code.

      You can find some information from the state of ohio in pdf's and csv's to try and help you sort through it. However, the same information can change depending on the election cycle ( https://thefinder.tax.ohio.gov/StreamlineSalesTaxWeb/ ).

      While a prior poster mentioned that surely Amazon is full of intelligent people who can figure all this out, I do not believe they should have to. I cannot imagine having to put together a system that deals with each and every states archaic tax laws that change at any given time. What a pain in the ass that'd be. And how costly that would be to implement, ugh.

    19. Re:How do you think it works in the EU ? by d'fim · · Score: 2, Interesting

      http://www.zip2tax.com/z2t_services.asp

      Looks like someone already does this for about $1100/year -- and that was just the first Google hit.

      --
      Adherence to the truth is a form of disloyalty.
    20. Re:How do you think it works in the EU ? by ptbarnett · · Score: 2, Interesting

      I do know that there are many states that have taxes that vary by county.

      It's worse than that. In Texas, the sales tax varies by city. There are a few towns/villages in the D/FW area that are literally a few blocks in size.

      Either way, Amazon probably has the resources to do so, but do all online retailers? I doubt it...

      The last time this subject came up on Slashdot, someone posted a link to an online source for sales tax assessment. I don't know if it used zip+4 or even the specific address.

      But, I think the real problem is not how complex it is: it's the penalty if you get even the slightest detail wrong. If Amazon screws up an order and annoys a customer, they might lose a customer. If they make their best effort to collect sales tax and some bureaucrat disagrees, the state can come down on Amazon with the full force of the law.

      Given the ambiguities of geopolitical boundaries (disputes are common), I wouldn't want to be in the cross-hairs of an bureaucrat that decides they want to make an example of me.

      Traditional brick-and-mortar (and resident mail-order) businesses get a certificate from the state/city/county that specifically spells out the sales taxes they must collect, ideally before they ever make a sale. At least in my state, that's a defense against arbitrary changes after-the-fact.

    21. Re:How do you think it works in the EU ? by TheWGP · · Score: 3, Informative

      Please read the discussion - zip2tax provides only zip code tax information, which is 100% useless for many places, where zip codes cross county and city lines at will. Much greater specificity than zip code alone is needed; whether that entails lat/long coordinates or merely address tracking is not clear.

    22. Re:How do you think it works in the EU ? by Sigmon · · Score: 2, Informative

      It's even more complicated than that, really. As the post points out, Amazon boasts about being able to track millions of individual products. Not only does each taxing jurisdiction (state, county, local) have its own tax rate, but some may have different tax rates for different types of products.

      A snickers bar, for example, may be considered 'food' in one state and taxed at an appropriate rate. Whereas another state may consider it to be 'candy' and taxed differently. Some states base their classification on the ingredients... Does it contain peanuts?... ok, it's food. Some states consider it 'food' only if the product is served with eating utensils... i.e. a fork.

      So, you can imagine... It's not as simple as plugging in a percentage for a sales order going from point A to point B. It's stupid complicated, unrealistic to expect businesses to do the government's dirty work. The states need to get their tax laws in-tune with the modern age.

      Amazon alone would be required to hire hundreds or literally thousands of people... JUST to keep track of this stuff. Now guess how much MORE you're gonna be paying for that little trinket you just bought because it took 2 full-time employees three months to classify the product in all taxing jurisdictions and keep track of the ever-changing laws. It's nuts!

    23. Re:How do you think it works in the EU ? by SydShamino · · Score: 2, Interesting

      As others have noted, zip code is woefully inadequate for determining sales tax rates. At best, that company can give a list (from one to a half dozen) of sales tax rates that might apply to those living in that zip code.

      Personally, if this needs to be fixed at all, I think states should just set a fixed sales tax rate and mandate all online retailers collect to that level.

      --
      It doesn't hurt to be nice.
    24. Re:How do you think it works in the EU ? by dissy · · Score: 2, Interesting

      ..sometimes places with the same postal (ZIP) code have different taxes.

      A zip+4 should give enough accuracy to determine by that level.

      In my state (Ohio), I live right on a main street that runs through the center of the city.

      On the side of the street I live on, there is one tax rate. Across the street is a different tax rate from being in a township, and down maybe 4 blocks or so from where I live on that same street is the same base tax as on my side of the street, PLUS the county tax.

      All three of those areas are in the same zip+4.

      Another few blocks past there is another zip+4 (BUT note it is the same 5 digit zip still!) that has the first and last taxes in the above description, yet the side of the street is reversed.

      If the state, city, and county governments refuse to use ZIP codes or borders on a map, how do you expect us to do it?

  2. Amazon UK manages it by amorsen · · Score: 5, Informative

    Amazon UK manages to collect the appropriate VAT, depending on country. Which is why, if you buy from e.g. Denmark, you should order from one of the smaller UK book stores so you get to pay the UK VAT (0% on books) instead of the Danish one (25% on everything).

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    1. Re:Amazon UK manages it by amorsen · · Score: 2, Insightful

      Ouch, changing taxes within the state can be a problem (but then Amazon UK has to handle the Channel Islands which probably presents similar problems). Varying tax on different items is very common across Europe. Generally luxury goods are taxed higher, and it can be somewhat amusing to compare which countries consider which items to be luxuries. Well perhaps I'm just easily amused.

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  3. Note the lack of mentioning all the other taxes by AndOne · · Score: 4, Insightful

    The NY times article chooses to skip mentioning all the taxes other than sales tax Amazon would be paying in those areas with its isolated tax groups. I also think it's cute that they feel amazon has a moral right to pay more taxes in this 'time of hardship'. But really, people are surprised when a company is avoiding as many taxes as possible, especially a tax that would make them less able to make a profit? They're surprised people aren't paying use taxes?

    --
    I don't care what you say, all I need is my Wumpabet soup.
    1. Re:Note the lack of mentioning all the other taxes by jacobsm · · Score: 2, Insightful

      You are missing the point of the article, the articles are not proposing that Amazon et al. pay one more cent of tax on their income just collect and remit to the proper taxing authorities taxes that are legally owed by the purchaser of the goods. Would it increase the cost of doing business for e-commerce firms, yes but so what? The cost of doing business is part of any business plan. Amazon and its ilk are utilizing a legal loophole to get an unfair advantage over local merchants.

      The handwriting is on the wall, there are too many states hurting for revenue. The current environment isn't fair, isn't sustainable, isn't long for this world.

    2. Re:Note the lack of mentioning all the other taxes by adisakp · · Score: 2, Informative

      In the Chicago area, we have the highest as well as one of the most complicated sales tax in the nation. I live in the NW Suburbs we pay a state tax, a cook county tax, and a local (city) sales tax. The total in most places in Chicago and surrounding suburbs is 10.5%. There is also a dine-in sales tax of 1-2% depending on city and a "loop" sales tax so you pay around 13% tax to eat out in a restaurant. We have different sales tax rates for General Merchandies (9%) , Qualifying Food and Drugs (yep food taxed at 2.25%), Vehicles (7.25 or Chicago Home Rule Tax of 8.5%). We have a "use tax" which may be charged instead of "sales tax" on certain occasions for General Merchandis (6.25% - note not equal to 9% sales tax) or Qualifying Food and Drugs (1% - again not equal to sales tax). We have different local rates for taxing over 2,000 special items (cigarettes, liquor, and other "sin" sales tax varying rates per community make up many of these) in IL depending on municipality including taxes on bottled water (per bottle) and a proposed additional tax on soda pop.

      I could be paying 12-13% sales tax for an item while someone 50 miles west of me in Rockford, IL (same state - 45 min drive on highway @65 MPH) pays only 6.5%.

      To be honest, if I drive the 3 miles from one town's shopping center to another here in IL, I never have any idea what the exact rate I'll be paying other than it'll be too much.

    3. Re:Note the lack of mentioning all the other taxes by AndOne · · Score: 5, Insightful

      Requiring retailers(online or not) to collect use taxes starts us down a rather slippery slope and is probably not constitutional. Requiring they collect sales tax without 'a nexus of operations' is unconstitutional.

      I didn't miss the point of the article, I was pointing out that the article is disingenuous in it's description of the situation. The only legal loophole amazon is exploiting is the separation of sub-entities related to it's primary business as a way to avoid the presence of a legal nexus of operation. And those sub-entities are still paying taxes with respect to everything else that they do. Even if that loophole was closed then only a handful of additional states would be receiving sales tax.

      Additionally, if laws are passed requiring all online businesses to collect sales taxes this will have a distinct chilling effect on all but the largest of retailers.

      As a final note, perhaps states should start enforcing use taxes if they're that concerned about it, but given the complexity of doing so, and the fact that enforcing it would probably cost more than could be recouped from them, use taxes still seem rather silly in their logic. Americans(speaking of patriotism) pathologically do not like paying taxes and expecting them to volunteer(in the sense of paying a nearly totally avoidable and confusing tax) even more money during a recession seems like an exercise in futility. Perhaps if the government provided a line item receipt on how tax money was spent we might feel differently.

      --
      I don't care what you say, all I need is my Wumpabet soup.
    4. Re:Note the lack of mentioning all the other taxes by Targon · · Score: 2, Insightful

      I didn't say they should not be taxed, but that the taxes should be paid by those who have access to the services. For example, someone living in New York should not have to pay for local services provided in California. Also, if I go out of state to make a purchase, should I have to pay a SALES tax in the state I live in? Paying INCOME taxes makes sense for a business, but you have to look at what resources the business will be using.

      This is really what it comes down to, fair taxation. The idea that police, fire departments, and emergency services have to be paid for makes sense, and having it paid for by those who have access to these services if they are needed makes sense. So, sales taxes make sense, since even those visiting will WANT those services to be available. So, what about the Internet? If the local Internet Service Providers are paying their taxes in the places they provide service are doing all the maintenance, and the government has not paid for the deployment or maintenance of the lines, then it does not make sense for those out of state to be forced to pay a sales tax.

      This goes back to the problem of where tax money comes from and goes. Shouldn't schools be paid for by EVERYONE living in that school district, not just those who own property in that district? If I were to put up a walled community, provide private police, medical, and fire services, and use NOTHING from the outside, then those living in that community really use nothing from the outside, except perhaps roads to bring supplies in and out. People living inside would not feel that they should have to pay for the services of those outside since their entire community would be cared for. On the flip side, federal income taxes, and even state income taxes would make SOME sense to pay since it is expected that the government DOES need tax money to pay the representatives of the people.

      Oh, and to answer your unspoken question, Long Island is an expensive place, but teachers in many districts make more in under three quarters of a year worth of work than most people working in that area. Looking at your figure, they make $50,000 for how many weeks of actual work each year? Remember, all those school holidays, and summers off, and government holidays....If I could take my current income and get that many paid days off each year, I'd be a lot happier, that's for sure.

      As for government, if they would cut services to pay off the debts so they could in turn lower taxes over time, people wouldn't mind. But running a deficit year after year after year, with no intention of ever getting the debts paid off is also a part of the problem.

    5. Re:Note the lack of mentioning all the other taxes by dummondwhu · · Score: 2, Insightful

      Except it doesn't seem to work that way. It's more like, "Oh, look, more tax revenue! We can create even more government bureauocracy and dig a bigger hole of debt!". No thanks, I'd rather keep my money and drop a lot of the useless crap that people think they need government to do.

    6. Re:Note the lack of mentioning all the other taxes by EastCoastSurfer · · Score: 2, Insightful

      For one, I have never heard of a teacher getting paid $80,000. Most teachers that I know make half that, if that much. The ones that make more are in the 50,000 dollar range.

      Depends on the state. In the south it can be as low as 30k, in the NE as high as 80k.

      Also, government jobs generally pay much less than their private sector counterparts.

      Not totally true, but the big difference is that government jobs rarely if ever go away. In this tough economy where companies are having to cut salaries and/or lay people off, government just keeps on hiring and paying people to do lots of nothing. And before you say that's not true, I've worked for the government before and have seen all the waste first hand. Bothered me enough that I quit and went back to private enterprise.

      I do not understand why you feel that Amazon sales should not be taxed.

      It's not Amazon getting taxed, it's you and me. IMHO, I'm getting taxed more than enough. The government wastes enormous amounts of money. The first step to paying off the debt is to cut the cost of government.

    7. Re:Note the lack of mentioning all the other taxes by b96miata · · Score: 2, Interesting

      According to this page, $50k is closer to a starting salary for NY & LA. (I choose them since it's their papers providing TFA.) If you've been teaching since the 80s and have a master's degree, NYC teachers head towards 6 figures pretty quick.

      $80k may be more than the average for the majority of districts, but you choose the right one and not only is it totally achievable, there's a pretty good overlap with the state/local governments that tend to have budget issues.

      The issue with taxing amazon is quite simple - governments have no business levying taxes outside their jurisdiction. If a citizen of say, California, directs goods to be brought into the state, state law says that individual is responsible for paying use tax, not the merchant from which they purchased said goods.

      The music and video shops in your example have a presence in the local jurisdiction and benefit from its services such as roads, social programs, police/fire protection and so on. Amazon doesn't.

    8. Re:Note the lack of mentioning all the other taxes by iamhassi · · Score: 5, Insightful

      " I also think it's cute that they feel amazon has a moral right to pay more taxes in this 'time of hardship'."

      I think it's cute that the NY Times forgets Amazon is online, they don't rely on local people, and could just as easily move overseas as it could to another state to save that billion dollars in taxes. I'm sure there's plenty of states that would welcome Amazon and the 15,000+ jobs it brings with tax-exempt status.

      Please California, chase away all of your big businesses! Midwestern states would welcome the jobs.

      If online taxes were required I'd just purchase more from eBay and chinese vendors. Is that what California wants? People are going to buy wherever it's cheaper, whether it's down the street, online or overseas.

      --
      my karma will be here long after I'm gone
  4. From the NYT article, they are following the law by Suki+I · · Score: 2, Insightful

    Amazon has found a way to put portions of its business into the tax-haven equivalent of reservations. By creating wholly owned subsidiaries for the parts that are treated separately for tax matters, Amazon is under no obligation to collect sales tax. This legal technique is called “entity isolation,” said Michael Mazerov, a senior fellow at the Center on Budget and Policy Priorities in Washington.

    The state and federal governments made complicated tax laws and Amazon is following them in a business efficient manner. What is their problem?

  5. Smaller companies? by alzoron · · Score: 4, Insightful

    It might not be an undue burden to Amazon, but what about smaller online companies? You could use software to manage the collecting of sales tax for everything but the real problem comes to sending off that money to every town, county, and state that collects sales tax. Someone buys something for a couple bucks and suddenly you have to send payments of a few cents to three different places. Even if you save it all up and send it bi-yearly you could be looking at thousands of separate payments based on how widespread your client base is.

    You can't just look at a huge company with millions in revenue and make a one size fits it all decision.

    1. Re:Smaller companies? by berberine · · Score: 3, Insightful

      Ten years ago, I worked for Nebraska Bookstore. It's not huge when compared to Amazon or Barnes and Noble. I worked in their catalog department. When we rang up an order, out of state purchases got 0% tax and, if it was shipped in-state, there was a little chart above the register with each city listed alphabetically and what their tax was. This was because, in Nebraska, there is a state tax and a city tax. So, they figured out what the two together were and made a handy list for us.

      Everything we did was manual but, from what I've heard, they now have a computer program that figures it out for you and you just punch in the complete total (purchase+tax+shipping) when you ring it up. I would assume that since this was ten years ago, there are better programs now to do the same thing.

    2. Re:Smaller companies? by peragrin · · Score: 2, Interesting

      There is over a hundred different tax rates in NY state alone. The company I work for has seven different locations in seven different counties. Any one can come to us and buy stuff. However since we do somuch business around the state we have to deal with taxes to the point where one of our accountants (out of three) spends half of her week justkeeping it straight. Failure is expensive. You see when the state audits you they take a sample of errors made and multiply that by the number of years they go back. It doesn't matter if that sample is accurate. So multi million dollar fines are the norm.

      If a local company has to hire a person just to manage the problem amazon will have to hire 100. Not that amazon can't but tax law is so complicated lawyers have given up trying to figure it out

      --
      i thought once I was found, but it was only a dream.
    3. Re:Smaller companies? by ZorbaTHut · · Score: 2, Insightful

      My mom has been trying to start a new museum lately. One of the big projects is to set up Internet-based donations. Naturally, every state has its own laws on how donations to non-profits work. Non-profits have to be registered separately in every state (technically there is a "standard form", but the states who take it all require extra documentation as well) and tax reporting is just a gargantuan enormous burden. Too complicated for any small non-profit to ever manage.

      As a result, there are companies that specialize in doing this for you. They take a small slice of the donations (something like 2%) and in exchange they manage all of the annoying reporting and legal issues involved.

      It turns out that they're good at it. So good, in fact, that the Red Cross uses them because they find it cheaper and more reliable.

      I see no reason whatsoever that a similar business couldn't form for internet sales tax. And, in fact, I find it almost inevitable that such a business will form once it becomes an issue. So, as for how much it will cost, and how difficult it will be to manage: well, about 2% of your revenue, if the non-profit area is any indication.

      Plus the taxes that you now have to pay, of course.

      --
      Breaking Into the Industry - A development log about starting a game studio.
  6. Wouldn't it be wonderful, by CrackedButter · · Score: 3, Interesting

    if there were no tax heavens anywhere in the world and businesses just paid what they owed like the rest of us. Sure the prices will go up but if this happened from the get go, it wouldn't be an issue. I'm annoyed with companies avoiding paying tax but then using the government system to seek protections or create laws for their benefit.

    1. Re:Wouldn't it be wonderful, by night_flyer · · Score: 3, Insightful

      "businesses just paid what they owed like the rest of us"

      Businesses don't pay taxes, the consumer does.

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
  7. Re:From the NYT article, they are following the la by julesh · · Score: 5, Insightful

    The letter of the law may allow someone with access to expensive lawyers to avoid paying taxes, but it is not in the spirit of the law?

    "Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands."

    (US Appeals Court Justice the Honourable Learned Hand)

  8. No Way! by b4upoo · · Score: 3, Insightful

    This is an attempt to please brick and mortar stores who want to push electronic sales into the toilet. On line sales already carry a great burden in shipping costs. If you add taxes on top of shipping costs you kill online sales completely.

    1. Re:No Way! by AnotherUsername · · Score: 3, Insightful

      And brick and mortar carry a great burden in paying for their building(making it customer friendly, as opposed to being a warehouse), and all that comes with having a brick and mortar store. Guess what, it's part of having a business. They already have taxes on top of all of that. Many of the bigger stores have an online store as well, so they have both ends to deal with. Again, it's part of having a business.

      --
      I don't like Linux. This doesn't make me a troll.
  9. Re:Only amazon? by gowen · · Score: 2, Interesting

    Obeying the law is not a loophole.

    Of course. It is: that's what "loophole" means - something that is within the law, but allows someone to avoid something to which, morally the should be liable.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  10. Burden by Skapare · · Score: 5, Insightful

    Yes, there is a real burden here. A "brick" store only has to deal with exactly ONE tax rate, which is the rate for their physical location. A chain of stores would only need to deal with this on a per-store basis. However, the web retailer is expected to charge tax based not on their own physical location, but rather, the location of the customer ordering the merchandise. This means keeping a database, and keeping it updated, for each and every single tax jurisdiction in the country. In many states this varies by individual city and town. There are thousands of these. In some cases they are even split across zip codes. And it's not just rates to worry about. Different jurisdictions have different exemptions of what products don't require a tax (food in one place, only perishable food in another, bath products might be included in another, school supplies exempted in a few, etc).

    Then there is the issue of ensuring the taxes get paid to the proper government entity. That and making sure people are not subverting the system by sending packages to other locations.

    Some solutions to this are possible.

    I suggest that instead of the stores charging the tax, the credit/debit card processor charge the tax. The advantage of this is that they readily know the billing address of the account holder. Their payments to the government entities would be more in bulk, instead of these governments getting thousands of small payments from all the "mom and pop" web sites that would be compliant with tax law changes. The one change that would need to be made is each credit/debit charge would need to have split up according to product type classifications (a federal standard needed for that).

    Another alternative is for a federal law that simply requires each of the states to submit ONE tax rate for the whole state, and accept a set of exemptions designated by that federal law, to be part of the inter-state tax program. One other requirement is, to be a part of it, they treat in-state web retailers exactly the same as out-of-state (e.g. all or nothing).

    The burden on web retailers is NOT a myth. It is very real. Amazon can probably handle it. But you know the smaller retailers will be next, and eventually they will try to impose this on others. Taxes are essential, but it needs to be kept simple. Also, smaller retailers need to have a SINGLE (not 50) payment destinations (a central clearinghouse for this).

    --
    now we need to go OSS in diesel cars
  11. Re:I like my tax heaven by tjstork · · Score: 2, Interesting

    There is _nothing_ wrong with avoiding taxes. My God, if we have a right to an attorney to help us avoid jail time, we ought to have a right to avoid spending 1/3rd of our life working for the government.

    Well, like everything, to a point. But in Delaware's case, the roads are paved on time, traffic is manageable, public services are good, and things are rolling along. Like, I have to ask, what exactly does New Jersey or Maryland do with all of their dough, because, in both cases, services are worse and the roads are worse.

    I think what makes Delaware tick is that you have some genuine bipartisan centrist leadership. Democrats and Republicans alike are not the crazies that are in Washington DC.

    --
    This is my sig.
  12. You misunderstood something by dreamchaser · · Score: 2, Insightful

    It's not Amazon that would be paying sales tax. The buyer pays the tax. Amazon just doesn't want to a) deal with administering separate tax rates and payments to multiple States and b) have it's perceived prices increase with the addition of tax.

    The funny thing is in general I agree with your view on taxation; it's just that in this instance your argument doesn't fit the issue.

  13. Once again, it's the government's fault by MikeRT · · Score: 2, Insightful

    All it would take is for California and New York to each pass a law creating a standardized tax rate for their entire state. No local sales taxes, etc. Just a single state sales tax which is redistributed by the state tax authority to municipal governments. It would then be as easy for Amazon as "cut a check every month and mail it to Sacramento or Albany."

  14. Re:The dangers of stupid taxes by drinkypoo · · Score: 2, Insightful

    Now, for out of state businesses, shouldn't the ONLY real burden be on the transit systems(roads and rails)?

    No. Sales taxes go into general coffers are are used to pay for all types of services. Rails are private, we have no nationalized rail in the USA. That leaves roads, and heavy trucks do almost all the damage done to roads by vehicles (the majority of the remainder being done by weather.) Amazon also receives the benefit of police protection; without police, anyone would be free to loot their warehouse. They receive fire protection in that the FD will show up and try to put a fire out if their building is burning. Need I go on?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  15. Welcome to the future. by jonpublic · · Score: 2, Insightful

    Where every single tiny loop hole in the law is exploited to the fullest by the large cooperations and everyone else has to obey the spirit of the law because they can't setup the giant shell game that is required to avoid paying taxes. How many fully owned separate legal entities comprise Amazon? It's all one giant cooperation for all intents but they break it up into a ton of little pieces to get around the spirit of the law. Leaving everyone else to have to make up for Amazon skips out on paying. It's not a level playing field.

    It reminds me of the ownership structure of Ikea, which is extremely complex, but ultimately results in almost no taxes. Which is great for Ikea, but horrible for everyone else who has to pick up Ikea's share.

    http://en.wikipedia.org/wiki/IKEA

    Look it up under corporate structure.

  16. Taxless by Plugh · · Score: 3, Interesting

    And then there are states like New Hampshire, with no state sales tax (and no state income tax, either)
    I guess these dying dinosaur newspapers will concentrate their efforts where governments are largest and extract the most wealth from the serfs.

  17. The press is self-interested on this topic by giladpn · · Score: 5, Insightful

    The NY Times and other paper publications are right now on a crusade to attack the low cost base of internet business.

    They are talking about de-indexing Google for similar reasons.

    We should understand the interests behind such attacks.

  18. Re:Only amazon? by gander666 · · Score: 3, Informative

    Apple seems to handle collection of local taxes quite well. They even know that part of my zip code is PIMA county instead of Tucson city, and thus has a (slightly) different tax rate.

    I am starting a business with a friend (actually, she does the hard work, and I provide the business and some financial backing), but we collect sales tax in Arizona, and California for selling our images. Amazingly, Quickbooks handles this fine. I just do not happen to live on an Indian Reservation, like Amazon did in placing their Arizona presence.

    Truth be told, I do not pick retailers online due to tax free or not. I pick them by reputation, and past experiences. If Amazon one day started collecting taxes and whatnot for the goods purchased through them, I probably wouldn't blink. And I venture to guess that most of their customers wouldn't either. They need to rethink their business plan.

    What this really points out is that the tax code (federal and state) needs a thorough cleansing and simplification. Remove the loopholes, tighten the standards, and make the collection and rates balanced, and much of this behavior should disappear.

    I suspect I will see pigs flying before this happens though

    --
    Suppose you were an idiot and suppose you were a member of Congress ... but I repeat myself. - Mark T
  19. Re:Only amazon? by AnotherUsername · · Score: 2, Interesting

    Reagan did lower taxes...only to raise them again, a year later. Apparently he saw that the deficit grew too large too quickly. However, this part of the Reagan aura is frequently left out by his devoted followers. Even Reagan realized that Reaganomics didn't work. However, tax cuts are popular, and tax increases are unpopular, and thus we find ourselves in the situation we are in now, with trillions of dollars in debt, and the light at the end of the tunnel growing dimmer and dimmer.

    --
    I don't like Linux. This doesn't make me a troll.
  20. Re:The dangers of stupid taxes by drinkypoo · · Score: 2, Informative

    Which their warehouse has property taxes, the employees pay income tax on, also the fed-ex and ups charges include fuel costs and taxes.

    The fuel costs and taxes are insufficient to cover the cost of the damage done by shipping. On average a semi-tractor with a reefer unit will get about 6-7 mpg, which is a third to a quarter (say) of the mileage of an auto, yet it does more than three or four times the damage that the car would do; The relative damaging effect of an axle is considered to be approximately proportional to the fourth power of the load. In other words, a 40 ton truck can easily cause as much damage to a typical road as 60,000 one-ton cars. Yet they pay only a few times as much in fuel taxes (since that is tied to fuel consumption) and only a few times as much in registration fees. There are several orders of magnitude unaccounted for here. Where do you propose the difference should come from? The pockets of those who live in the same tax region?

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  21. Re:From the NYT article, they are following the la by ZorbaTHut · · Score: 2, Insightful

    Nobody owes anybody anything. Some choose to donate out of their own free will. Others don't. The freely-chosen donations of one person do not, in any way, imply that another person should be required to "give" in order to "match up".

    If you disagree, then, well, my mom gave me a really nice roasting pan for Christmas. To match a small part of her generosity, I'll be expecting a measuring cup set from you.

    --
    Breaking Into the Industry - A development log about starting a game studio.
  22. Re:Let the liberal media pay taxes for once. by EastCoastSurfer · · Score: 3, Insightful

    Guess what else the two newspaper articles failed to make completely clear...that the 'someone' is you and me. This isn't about Amazon paying more corporate tax, but Amazon collecting sales taxes from sales to everyday people. The internet has given the average person a small but noticeable tax cut. We obviously can't have the populace spending their money how they would want to, so we have to stop this right now.

  23. Re:From the NYT article, they are following the la by stdarg · · Score: 2, Insightful

    Rich men trying to give their hard earned money to the government? Blasphemy.

    He favors an estate tax, which would force others to pay. It's not about trying to give his own money to the government. He has said he plans to give his money to charity, so the estate tax has no impact on him.

    How do you think Buffett feels about taxes that actually affect him? Hmm well check out this article if you're curious: http://online.wsj.com/article/SB125729682025626851.html

    If you really hold that the general principle that "Nobody owes anybody anything" is valid, then I suppose "sharing" is delusional and childish, "sacrifice for others" is delayed gratification, "charity" a clever misdirection or an attempt at ego agggrandisement, and "community service" is an atonement for misplaced guilt.

    Again those are all voluntary actions. Don't you think that's an important distinction from compulsory taxes?

  24. It's Not Tax Evasion by Adrian+Lopez · · Score: 2, Informative

    As with catalog sales in the days before the Internet, Amazon.com is not required to collect taxes in any jurisdiction where it doesn't have a business presence. There's no trickery involved. Amazon doesn't collect any taxes it isn't required by law to collect, just like you don't pay taxes in states that you've never set foot in.

    Since only the federal government can regulate interstate commerce, the ability of State X to force Amazon.com to collect its taxes when it doesn't have a presence in that state would require federal legislation to that effect. Also, for any such federal law to work it seems to me that tax rules and rates would have to be simplified across all 50 states. There's an effort to do so called the Streamlined Sales Tax Project, but despite its name it strikes me as ridiculously overcomplicated (as in "you need a certified computer program to handle the differences between each state's rules") due to the desire to please all the participating states.

    --
    "In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."