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Amazon Folds In California Sales Tax Deal

theodp writes "In a deal indicating all sides appear ready to call a truce, the San Jose Mercury News reports that Amazon.com is offering to back down from its referendum drive to repeal an online sales tax in exchange for a one-year moratorium on collecting the tax. Under the deal, Amazon would agree to begin collecting the tax from California residents in September 2012, unless Congress takes action on Internet sales taxes before then. The development comes a day after a NY Times editorial ripped Amazon over its sales 'tax dodge.'"

66 of 639 comments (clear)

  1. [sigh] by MyFirstNameIsPaul · · Score: 3, Insightful

    One more reason to leave California.

    --

    I once took an excursion to Reddit, and later HN. Unlimited up/down voting sucks when dealing with a hive-mind.

    1. Re:[sigh] by Kenja · · Score: 2

      Here's the problem with the California constitution. Spending and income must be two separate mesures on the ballot. This means (for example) extending the B.A.R.T line is one item to vote on, and paying for the extension is another. Often people vote yes on the spending but no on the income mesure.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:[sigh] by DJRumpy · · Score: 4, Insightful

      Why should Amazon be able to avoid paying taxes while any other business in the state does?

      I'm sick of corporate America being treated like royalty. They have more voting power, more funds, lower taxes, and seemingly unlimited resources to control the political landscape to the detriment of the consumer. When they start hiring and stop giving all their money to their CEO's, perhaps I might have more sympathy, but until I see they are actually interested in supporting the states and municipals where they do business, then I can't seem to shed a tear for them.

    3. Re:[sigh] by teg · · Score: 5, Insightful

      One more reason to leave California.

      If you pay the use tax as you are supposed to, this doesn't matter. If it does matter, then it shows the point of why Amazon should collect sales tax...

    4. Re:[sigh] by betterunixthanunix · · Score: 2

      Why should Amazon be able to avoid paying taxes while any other business in the state does?

      Why should California be able to levy a tax on a business that is run out of Washington? Oh, wait...

      http://en.wikipedia.org/wiki/Quill_Corp._v._North_Dakota

      --
      Palm trees and 8
    5. Re:[sigh] by Anonymous Coward · · Score: 2, Insightful

      Because they do business in California.

      I love how conservatives love states' rights, until the states decide to go ahead and do something they don't happen to agree with personally.

    6. Re:[sigh] by h4rr4r · · Score: 4, Funny

      In that case the voting machine should be designed to smack them. A giant ACME cartoon style ballot blow to the head would also be acceptable.

    7. Re:[sigh] by h4rr4r · · Score: 4, Informative

      Are you fucking kidding?

      The Blue states are the only ones making any money. The red states are propped up with farm subsidies and other federal welfare.

      The "leftist" state of Germany is the biggest economy in the EU, they are pretty much the only thing keeping it solvent.

    8. Re:[sigh] by TooMuchToDo · · Score: 4, Insightful

      Holy shit, so much THIS. Germany has amazing safety nets, and at the same time understands how to properly allocate labor in businesses, going so far as to not laying people off when times get slow, but keeping people on the payroll to train and prepare them for when the economy rebounds so ramp-up is much faster.

      Germany is single-handedly keeping the Euro together at the moment, by backstopping the PIIGS with crumbling economies (Portugal, Italy, Ireland, Greece, and Spain). They can be as "socialist" as they want.

    9. Re:[sigh] by h4rr4r · · Score: 4, Insightful

      Then work to change the law. If need be break it in public and be arrested. Breaking the law in private shows you to be nothing more than a common thief. You pretend to have some lofty ideals, but you won't stand up for them so we know this not to be the case.

    10. Re:[sigh] by x6060 · · Score: 5, Informative

      Um... I think you need to look at a US map... because what you said is exactly the opposite of what is true here.

      http://money.cnn.com/news/storysupplement/economy/state_debt/index.html

      http://www.nytimes.com/interactive/2008/11/17/us/20081117_budget_graphic.html

      http://en.wikipedia.org/wiki/File:Red_state,_blue_state.svg

      The blue states tend to be in the most debt.

    11. Re:[sigh] by x6060 · · Score: 3, Insightful

      So what you're saying is that Conservatives have to adapt to liberal culture? So does that mean liberals HAVE to adapt to conservative culture? Well in that case I guess you wouldn't have a problem in thinking that Mexicans HAVE to adapt to our culture when they live here?

    12. Re:[sigh] by kevinNCSU · · Score: 2

      One could as easily say the blue states price of food is pushed down by subsidies so that they can afford to eat AND live in the cities. Who is in more trouble if the food market goes topsy-turvey, the guy living on land full of food he grows or the guy who can't afford it and has no space to grow it? It's bad for everyone, but I'd rather be surrounded by food I can't sell then have none and be unable to purchase it. We're all connected, and it's stupid to be stuffing your face with government bought food while you complain that the farmer got a "hand out" from the government for it.

    13. Re:[sigh] by Windows+Breaker+G4 · · Score: 2

      I'm pretty liberal and I can't wait to get out of the clusterfuck called CA.

      --
      brickspeed.net for your old Volvo performance addiction
    14. Re:[sigh] by h4rr4r · · Score: 4, Informative

      Because of those subsidies I mentioned.
      Take a look at who gets how much federal funding for each dollar they send to the fed in income tax.
      http://taxprof.typepad.com/taxprof_blog/2004/09/red_states_feed.html

    15. Re:[sigh] by kevinNCSU · · Score: 2

      I'm confused how you bring benefits for "Corporate America" into an argument which is most clearly "online corporate america" vs "brick and mortar corporate America". In either case, the tax itself get collected from the consumer, so at the end of the day it's really more of a State Government vs an easy way for people to cheat on their state taxes thing.

    16. Re:[sigh] by Anthony+Mouse · · Score: 2

      If you do not like the tax code work to change it, instead of just being a tax cheat.

      Isn't that what Amazon was trying to do with their initiative to eliminate the online sales tax? Before California beat them into submission with some combination of threats and bribery?

    17. Re:[sigh] by interval1066 · · Score: 2

      Again, I really wish you'd direct your ire to the ones who deserve it, the ones in power.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    18. Re:[sigh] by digitig · · Score: 2

      Again, I really wish you'd direct your ire to the ones who deserve it, the ones who put those

      in power there

      .

      FTFY.

      --
      Quidnam Latine loqui modo coepi?
    19. Re:[sigh] by h4rr4r · · Score: 2

      Is a hammer good or bad? Is a gun good or bad?
      A tool is a tool, it is not morally bad or good.

      If the red states need the help, then give it to them. At the same time the people who live their or have that set of beliefs should realize this is what is keeping them fed.

      You remind me of the "Keep the government out of my Medicare" folks.

    20. Re:[sigh] by h4rr4r · · Score: 2, Informative

      I do every year. My state even has a default amount if you don't have records. Many states have that option.

      I will not give it a break, anymore than I will give a break to those who steal from the honor fridge or those who don't pay to get into/park at parks. Sure lots of people do those things, lots of people are scumbags.

    21. Re:[sigh] by EraserMouseMan · · Score: 4, Insightful

      Not paying tax is the same as stealing from your fellow man? So basically most ultra rich and all of the the poor people are stealing from the middle class.

    22. Re:[sigh] by dgatwood · · Score: 4, Insightful

      It does not. Amazon operates a wholly owned subsidiary called Amazon in CA. It uses it only for shipping and tax evasion.

      I have a theory. California is going to give them a year without paying taxes. Amazon is going to take a year to start building a shipping center in a nearby state with a much lower population—say, Nevada—and in 364 days, Amazon will announce the immediate closure of its California operations.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    23. Re:[sigh] by h4rr4r · · Score: 5, Informative

      1. The tax foundation.
      http://www.taxfoundation.org/research/topic/92.html
      for an updated one. A major news outlet is about the least worthwhile source ever.

      http://www.taxfoundation.org/research/show/22685.html
      That is sourced from the census consolidated federal funds report from 2005.

      Here is a link to that.
      http://www.census.gov/govs/cffr/
      Page 23 of the 2009 report should prove interesting to you.

    24. Re:[sigh] by ancientt · · Score: 3, Informative

      Yeah, thank goodness CA has ballot measures. Wouldn't want to be like TX!

      • with that silly balanced budget amendment
      • where they've added 73k jobs over the last ten years (while CA lost 60k jobs)
      • with some of the lowest taxes per person nationally (49th in 2006, I don't know the current ranking)
      • with a couple billion set aside in the "rainy day fund"

      Check out the map on http://blog.american.com/2010/06/america-as-texas-vs-california-who%E2%80%99s-moving-where-edition/ to see what other people think... and follow it to forbes and check out how CA compares.

      CA really dodged a bullet there didn't you?

      --
      B) Eliminate all the stupid users. This is frowned upon by society.
    25. Re:[sigh] by Moryath · · Score: 2

      Oh? "Silly balanced budget amendment" - right. Where they lie about it and use clever accounting tricks to make it look like it's balanced when it's not.

      Where they've "added 73k jobs over the last 10 years" - at the same time NOT keeping up with their population growth so that their unemployment problem is just as big as anywhere else.

      With some of the lowest taxes... yes, and the crappiest government and services (got a fire department? Whoops no, you have a 20 minute wait for the one assigned to your area to reach you) in the nation.

      A couple billion set aside in the "rainy day fund"... which they should have used to NOT be firing schoolteachers left and right.

      Oh yeah, and a zoolander governor who played fudge-the-math when TX got an education funding grant, funneling the "grant" into education while simultaneously pulling other money OUT of the education budget for his own personal slush funds.

      fuck TexASS. And fuck liars like you.

    26. Re:[sigh] by dave562 · · Score: 2

      Perhaps you should read the article?

      You must be new here. ;)

      The article might be interesting, but what concerns me on a higher level is what are we going to do as a society to deal with brick and mortar businesses disappearing and taking their tax revenue with them. Amazon is doing business in place of traditional businesses that did business in the state. The consumers are still there and they are still buying products, but now the state is losing out on the tax revenue. It seems like we have two choices.

      Either we force Amazon into a lot of businesses they do not want to be in (road construction, power distribution, trash collection, etc), or we find a way to continue funding those essential functions through the state, via taxes.

    27. Re:[sigh] by dcavanaugh · · Score: 3, Informative

      Ask not who is clueless, you might be surprised.

      If Amazon uses that one-year grace period to get out of California, it just might work.

      In 1967, the U.S. Supreme Court determined in Bellas Hess v. Illinois that states could not require companies without either property or employees in the state to collect sales and use tax – in other words, companies needed a physical nexus. The 1992 Supreme Court Case Quill v. North Dakota then reaffirmed the principle that a company must have a substantive nexus in order for the state to require the company to collect sales taxes.

      Get rid of the physical nexus, and the sales tax disappears. There are a few states with no sales tax. If Amazon relocates their warehouses and office to only those states, they can ship all over the US with impunity.

    28. Re:[sigh] by Duradin · · Score: 3, Insightful

      You may be too young to know this but there was this thing called "mail order" before there was Amazon and it, like Amazon, did not have to collect sales tax if the company did not have a physical presence in the customer's state.

    29. Re:[sigh] by Grishnakh · · Score: 4, Interesting

      Personally, I support the Quill Corp. v. North Dakota ruling, and don't think a business should pay any sales tax unless it has a physical presence in the state.

      So if Amazon does have a presence there, not just business partners, but an actual wholly-owned subsidiary, then in my mind that means they need to collect sales taxes on CA customers, since everyone else has to follow that law too (the Quill case dates to 1992, and was really a sequel to a case decided way back in 1967 about the same thing). We need to be clear there's a difference between this case, and other cases where an online company truly has NO physical presence in the state, and only sends things there through shipping companies (who DO pay taxes to the states they operate in).

      My question, however, is why Amazon has a wholly-owned subsidiary in CA, and how this helps it with tax evasion. If they want to evade taxes, shouldn't they just concentrate all their operations in one state, preferably one like Wyoming where very few customers would have to pay sales taxes? Or is this because they want to have many warehouses spread across the country to keep average shipping times low, and they make each regional warehouse a different subsidiary?

      Personally, I'm surprised this went anywhere at all for them: how can you possibly argue that a wholly-owned subsidiary is in fact a separate company? If you own it, it's part of you. I agree with their argument (in the NY case) that their affiliates are really separate companies, and that they shouldn't collect sales tax in a state just because there's some affiliates there (however, if the customer is in the same state as the affiliate, they should). Just because I contract with a separate company to allow them to sell some stuff on my website doesn't mean they're the same company as me; the ownership is totally different. This would be a little like Walmart collecting Michigan sales taxes on all its purchases in all its stores nationwide, just because it sells a few products from a company that's located in Michigan (I know, it's a bit of a stretch, but selling someone else's products in your store is exactly what Amazon does with their affiliates).

    30. Re:[sigh] by Hatta · · Score: 3, Insightful

      Breaking the law in private shows you to be far wiser than sacrificing yourself in a lost cause.

      I came into this world, not chiefly to make this a good place to live in, but to live in it, be it good or bad.
      --Henry David Thoreau

      --
      Give me Classic Slashdot or give me death!
    31. Re:[sigh] by cforciea · · Score: 2

      Them's some Fuzzy Math. Taxes on corporate profits and capital gains are concepts so wildly different that blindly adding together the rates doesn't make any sense at all. For an easy to understand example for why this is true, take hypothetical corporation MonkeyCat Inc. MonkeyCat lost $200 billion yesteryear in its worst loss in decades, and its stocks slumped tremendously as a result. Let's say I buy 100 shares of MonkeyCat at that point. This year, they have rallied and posted a net profit of $0. This has caused the stock to rally substantially from last year's slump, raising by a full 60%. If I sell off now, the money has been taxed exactly one time at the capital gains rate when it gets to my hands.

      Now, there is some truth in the idea of the net tax rate on the money involved being higher than just the capital gains rate, but it turns out to be not by much. Even if a company posts a profit margin of 100%, their net is still only half of their gross, so they are only paying on half the company's total income. This is also relatively rare, because almost every company will re-invest profits over a few percentage points back into growth, and the re-invested money is expensed out and not taxed.

      The other problem is that they are also completely different taxes taxed for different reasons. The maid's employer is paying corporate profit as well. Only by trying to scale the corporate profit tax to scale by how much money each person involved has made directly or indirectly from a company's activity in a year can you even begin to try to make the tax burden match up to anything Buffet is taking home. Again, for a really simple example for why this doesn't make sense, if MonkeyCat hires an additional employee, each employee's theoretical burden with regard to the corporate tax is decreased both because there are more expenses and more people to distribute the burden over. Meanwhile, if the employee is any good, the net result of their hire will likely increase the real money gain of an owner.

      I guess that was a pretty long-winded way of saying that adding up those tax rates doesn't make any sense at all and you should stop listening to whatever talking head, if any, that you are parroting, but there you have it.

    32. Re:[sigh] by roman_mir · · Score: 2

      Except they haven't been 'creating jobs' for the last few years even though their profit margins have returned to normal.

      - businesses do create jobs. Whatever jobs USA still has - those are created by businesses.

      Of-course for the last 40 years now the businesses have been doing the obvious thing and moving jobs out of USA and other welfare states of the West, because those are welfare states, they counterfeit money and cause massive inflation, they destroy willingness of people to hire anybody by creating insane regulations, like this. I addressed a little of this on the Marx topic btw.

      Profit margins don't mean much if your profits are below inflation, and inflation is rampant, it's between 10 and 13%, so this also creates perverse effects in insane CEO pay and investor gambling.

      Businesses do not create jobs. People do. Consumers.

      - oh boy. The only legitimate manner to consume is to produce something to exchange for the goods you want to consume.

      Consumption is a trivial consequence of production. Without iPads nobody was 'consuming' them. Then Jobs came around, produced some iPads and consumers queued up at the Apple store entrances for days and nights to get those products. Jobs could have failed, and in fact Apple did fail with a product (starts with N), but this does not mean that consumers created that product.

      That product was created, few people bought it, so it was unsuccessful. Again, more demand does drive production levels up, but the actual products are not created by consumers.

      Real innovation starts with people creating products that nobody even knows can exist. Consumers. pffft.

      Taxes on businesses cut into profits but most businesses can't or won't pass all of that on to consumers as the consumers will simply go to another company that offers a better price.

      - oh, sure taxes are passed to consumers. Eventually all taxes are passed to consumers. The biggest tax is tax is inflation of-course, it's the worst tax of all, it's passed to everybody, but especially the middle-class and the poor people, who really can't afford to lose purchasing power, but government takes it away regardless while pretending otherwise.

      I love how the pro-business folks always step up and say we are too hard on business when some of the highest taxed times on businesses have also been the most prosperous in US history.

      - actually the highest taxes you are talking about were not on business, but were personal income taxes, which nobody paid anyway, the effective rate never went over 20% in USA, that's because at the time of those insane taxes, nobody was paying them, people were writing everything off and records were not computerized.

      Obviously correlation of high taxes and production has nothing to do with causation. But in USA after the WWII, when the Great Depression ended in about 46-47, the taxes were lowered sharply as well as government spending, and that's when USA started gaining production and wealth again and for the next 20 years it was productive.

      Right now businesses are only serving themselves and their CEO's, not their employees

      - I addressed that - it's caused by government inflation and turning financial markets into casinos with counterfeit currency.

      There has been a huge trend in the last decade to avoid taxes at any cost

      - obviously. There is a good reason for it, I addressed part of it here. It's because taxes in USA are insane (and Reagan made them more insane

    33. Re:[sigh] by Blakey+Rat · · Score: 3, Interesting

      Mail order did not introduce a paradigm shift in the economy the way the internet has.

      Bullshit! The western half of the United States was built on the Sears mail order catalog. Literally in some cases-- they sold kit houses!

      Maybe learn some history and rejoin the conversation, huh?

    34. Re:[sigh] by Fnord666 · · Score: 2

      You actually can, but the services on each must comply with the state in which they reside. I know this for an absolute fact, because there's a strip club that straddles the Idaho/Washington border about 40 miles from my house that is operated in exactly this manner.

      Ok, I really don't want to know what is being passed back and forth across the state line in this case.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    35. Re:[sigh] by fast+turtle · · Score: 2

      Since I also live in California, I've got no issue with NewEgg charging Sales tax and actually appreciate it. The reason NewEgg makes sense to me is the distance I'm from any store with a decent selection of hardware (+120 miles) so the cost of travel (2+hrs each way and fuel at 20mpg) means the sales tax no longer factors in. It's selection and convienence factor that comes into play as I don't have to waste a day just driving somewhere's that has a decent store that may have the parts I need. Hell the damn cost of fuel alone would be $60 alone plus the 4+ hours stuck in the car.

      As to the Amazon issue, it's annoying that they think they don't have to abide by the law. Well I actually think California has the right idea. They need to have the sales tax collected at a higher level instead of me having to list all of the stuff I've purchased and pay the damn use/excise tax on it at the end of year. I'm sorry California but I don't happen to keep sufficient records to make it feasible to pay all of my Use Tax and for you to audit me costs the state more then they'd collect

      --
      Mod me up/Mod me down: I wont frown as I've no crown
  2. Actual link to the article by very1silent · · Score: 2
    The actual article is here:
    http://www.mercurynews.com/california-budget/ci_18849537
    You do need to log in though.

    Given the fact that there is a supreme court ruling from the Sears days which is in Amazon's favor, I'm really surprised by this.

    1. Re:Actual link to the article by Anonymous Coward · · Score: 2, Insightful

      Given the fact that there is a supreme court ruling from the Sears days which is in Amazon's favor, I'm really surprised by this.

      The ruling "from the Sears days" is that if you aren't physically in the state, you aren't required to collect sales tax in the state.

      Amazon's shipping company is in the state. They probably had a 50-50 shot at snowing over gullible juries and/or convincing courts that their shipping/warehousing/fulfillment company, wholly owned by Amazon, named Amazon, and shipping only things ordered from Amazon.com is actually not at all related to amazon.com, that is, until Bezos started telling the various state governments that he'd shut down these shipping companies that he and his company are totally not related to and have absolutely no power over, costing the state X jobs if they didn't stop demanding that amazon.com collect sales tax. That's probably around the time the corp lawyer tackled him and told him to kindly shut the fuck up.

  3. Amzon isnt dodging anything by initdeep · · Score: 3, Informative

    The consumers who are purchasing from Amazon and sites like it are dodging sales tax, not Amazon.
    Those people have a LEGAL requirement to self-report those taxable items on their yearly tax returns and pay any and all sales tax due on said items at that time.
    Just because those people aren't doing so, doesn't put Amazon and other online sites in the wrong.

    1. Re:Amzon isnt dodging anything by Kenja · · Score: 4, Interesting

      While thats true in theory, in actual practice the onus is on the retailer to collect sales taxes. The corner store here couldn't get away with not collecting sales taxes and then saying that it was up to their customers to deal with it. Frankly, I dont think there should be two sets of rules, one for brick and mortar stores and one for online. Especially when just about everything I order from Amazon ships from within the state. If I am in california and buy something from a company with a presence in California and my purchased items ship from California to me I should pay California sales taxes.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    2. Re:Amzon isnt dodging anything by John+Bresnahan · · Score: 3, Insightful

      Should the corner store have to collect different sales taxes for the home state, home county and home city of every visitor who walks in and buys something from the store?

    3. Re:Amzon isnt dodging anything by Kenja · · Score: 2

      No, they should collect taxes based on the state they are doing business with. Just like the 7-11 in Texas collects different taxes then the one in California. Why should Amazon be different?

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    4. Re:Amzon isnt dodging anything by compro01 · · Score: 3, Insightful

      Horseshit. Before the Internet, interstate catalog sales were NEVER taxable. That the individual states have decided to get greedy and attempt to collect on sales tax for transactions out of their jurisdiction doesn't make it incumbent on the citizens to make it easy for them to do so. Shame on Amazon for caving on this.

      Horseshit yourself. They've always been taxable. The only difference is whether the tax is withheld by the seller or if the buyer has to include it on their income tax form.

      --
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    5. Re:Amzon isnt dodging anything by Jane+Q.+Public · · Score: 4, Insightful

      "While thats true in theory, in actual practice the onus is on the retailer to collect sales taxes."

      No, it's not. In fact, if the retailer is in a different state, with no "physical presence" in the purchaser's state, then it is highly illegal -- unconstitutional in fact -- for the retailer to collect sales tax.

      To get around this, states have enacted what they call "use taxes". But it is up to the individual -- very definitely NOT the retailer -- to report on, and pay, use taxes.

    6. Re:Amzon isnt dodging anything by h4rr4r · · Score: 2

      A company they control and is in essence part of Amazon. It only ships stuff for Amazon and is run by the same folks. They tried this little scam for a few years and should be happy they got away with it that long.

    7. Re:Amzon isnt dodging anything by Maximum+Prophet · · Score: 2

      That's why Amazon doesn't really want to win this case. Collecting sales tax could be a headache for them, but a killer for a potential competitor. Large companies want steep barriers to entry...

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    8. Re:Amzon isnt dodging anything by Solandri · · Score: 2

      If that were true, then Amazon is more than free to take their case all the way up to the Supreme Court. But they've decided against that route, and I would imagine it's because their legal counsel knows more about the law than you do.

      Bezos is on the record that he wants this settled by Federal legislation. You have to keep in mind that "nexus" (the exception to the Interstate Commerce Clause prohibiting interstate sales taxes) has never been fully defined. Even if Amazon takes this to the SCotUS and wins, thus establishing that affiliates do not confer nexus, it's not over. The states will just come up with a different approach to try to extend nexus to include Amazon (one state tried to claim nexus since Amazon used UPS to deliver its packages, and UPS has a physical presence in the state).

      In other words, Amazon taking this to the Supreme Court will in no way end this. The states will keep trying over and over again, and every round is a victory for the states. They are burning taxpayer money, of which they can always get more by increasing taxes. But the money Amazon is bleeding to fight this comes out of their profit. Bezos has (rightly IMHO) come to the conclusion that this needs to be decided by Federal legislation to settle the issue once and for all.

      So in that respect, this agreement is a win for Amazon. They got California to agree to wait a year on the taxes, while Amazon tries to get the Feds to weigh in on the matter. (I'm skeptical that they'll get something passed in a year, but Amazon would know better how their lobbying is going.)

  4. Re:Actually... by CrimsonAvenger · · Score: 2

    but only if they'd repeal those pesky income and property taxes.

    Never happen. They'll just add the sales taxes on top of the other taxes.

    And in a few years, they'll try to set things up so you have to pay sales taxes in both your state of residence and the state you bought something in. They won't succeed for a while, but they'll keep at it till they do.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  5. just to be clear by loteck · · Score: 4, Interesting

    Amazon also agreed to join with brick & mortar stores to begin lobbying Washington for a national internet sales tax. Think about that.

    1. Re:just to be clear by loteck · · Score: 2

      Thanks for asking. The sac bee is my source for this info. I have yet to see the text of the deal. http://blogs.sacbee.com/capitolalertlatest/2011/09/amazon-agrees-to-begin-collect.html I guess all those Californians who signed the petition to "stop the internet sales tax" are on their own now.

  6. Re:Amazon vs. the CA legislature by compro01 · · Score: 2

    My guess is that they have a better plan up their sleeve.

    Presumably they're thinking Congress will do something before the 1 year wait is over.

    --
    upon the advice of my lawyer, i have no sig at this time
  7. Re:Actually... by Ruke · · Score: 4, Insightful

    Sales tax is the most regressive form of taxation in the United States. If sales tax is 30%, that means the poorest of the poor are paying an effective tax rate of 30%, because they need to spend every penny they make in order to survive. Meanwhile, if you look at someone who makes $30 million a year, spends $2 million on taxable goods, and invests or saves the other $28 million, they end up paying an effective 2% tax rate.

    It's obviously not "fair" to tax each person the same dollar amount. Why do people think it's "fair" to tax each person the same percentage? I'd call it most fair to impose the same financial burden on each person through taxes, which means that we're able to take a much, much larger percentage of a very rich person's income before they're seriously inconvenienced by it.

  8. Re:Actually... by Actually,+I+do+RTFA · · Score: 2

    Meanwhile, if you look at someone who makes $30 million a year, spends $2 million on taxable goods, and invests or saves the other $28 million, they end up paying an effective 2% tax rate.

    Only if the purchase of securities/other investments was exempt from sales tax. Otherwise, it's simply a flat 30% tax.

    --
    Your ad here. Ask me how!
  9. Why is Borders better than Amazon or alternative? by SuperKendall · · Score: 4, Insightful

    All this occurred because customers flock to Amazon like buzzards to a carcass so they can buy merchandise without having to pay tax (outside of WA).

    I don't buy books from Amazon because I avoid taxes, I buy from them for the convince of wanting something and having it two days later without having to waste an hour to go get it. I like local bookstores for when I don't know what I want, and just want to browse... Borders did not deliver well on either use case.

    Thus is Borders dilemma - why would I support them over Amazon? You get none of the happy feeling of supporting a small local bookstore. Yet you get none of the vastly larger selection that Amazon has. Borders were huge, but what was really in there? I always found a better selection either at a small local bookstore or as I said Amazon, and that was what really killed them.. there is no room in the middle for something inherently specialized where small local businesses can do a better job addressing regional tastes in books than a large chain.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  10. BS taxes by argStyopa · · Score: 4, Insightful

    In case anyone forgot, the US gov't - and by extension the states - aren't automagically entitled to a piece of everything.

    Property taxes are generally to provide for local services, police, fire, streets, education.
    Income taxes are generally meant to fund the operation of government, and its (allegedly) limited functions.
    Gas taxes are essentially a user fee, to fund use of the highway system (and ironically to help fund the poor struggling oil companies through tax breaks).
    Sales taxes are likewise LOCAL in function - they're justified by the 'infrastructure' that allows commerce to happen.

    So why should internet retailers pay local or state sales tax? Everything's already been paid for at least once.

    In terms of the bandwidth needed to secure the transaction and the shopper, both the shopper (through his internet fees) and the vendor (through his bandwidth charges, etc) are already paying for the hardware - wires, property easements, hefty communication taxes. In terms of shipping the goods from the vendor to the customer, someone on one end or the other is paying postage that supposedly already covers this. The seller, through the price of his goods, covers his business costs, property taxes (and the concomitant services already covered therein), etc.

    About the only thing that isn't explicitly or implicitly paid for in an internet sale is the bureaucracy involved in administering, levying, and collecting the tax. Put another way: without internet sales existing, government operates, and provides a certain level of services to the public. This should be covered by tax revenues. Now add internet sales to the picture. What specific service is the state providing that it didn't provide before? I can't think of a one. Sure, the police have started branching out their pedo squads to the interwebs, and the state Attorneys General have some more fraud cases to investigate, but I doubt either of those functions have been a net increase in manpower or services - rather, they've drawn resources from other functions already performed to add these to the mix.

    Yes, cue the Liberal Left posters who cheerfully want to pay more taxes. I invite them to do so. But the fact is that the US and State governments are not entitled by their very existence to a piece of every transaction that takes place in this country.

    We the people need to fund our government adequately, and we do so through a varied panoply of taxes. But a bewildering array of taxes doesn't mean that we need to sit back passively and let ourselves be double-dipped just because legislators have built too confusing a structure to figure out.

    --
    -Styopa
    1. Re:BS taxes by mewshi_nya · · Score: 4, Interesting

      Hey, not every Liberal likes every tax, you realize? I find sales tax in general to be regressive; I find income taxes to be too high considering the constant "need" to cut everything *but* defense and tax breaks for the rich.

      If my tax dollars were going to education and health care, instead of re-education and murder in foreign countries, I'd be pretty content with the tax rates as they are now.

    2. Re:BS taxes by argStyopa · · Score: 2

      Unfortunately, you're incorrect: the IRS even taxes BARTERING at a calculated value.

      http://money.howstuffworks.com/bartering4.htm
      "In a swap, both parties have to list the market value of what they received as taxable income. This means that commercial and corporate bartering exchanges require filing a tax form -- a 1099-B, "Proceeds from Broker and Barter Exchange Transactions""

      I'm not saying that taxation is intrinsically unfair, that would be crazy. We have to pay for the services and things that government provides. What I object to is the ability of our legislators to add a tax here, a user fee there, and another tax there, without ever being called to JUSTIFY it with something more substantial than "...all those services government provides..."

      --
      -Styopa
    3. Re:BS taxes by larry+bagina · · Score: 2

      you can barter with monopoly money, chickens, hamburgers, or blowjobs all you want, but the IRS considers it taxable income and wants their cut. Also, contrary to popular opinion, taking it up the ass from them is not an accepted form of payment. They want US dollars.

      --
      Do you even lift?

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

  11. Re:Amazon vs. the CA legislature by nwf · · Score: 3, Insightful

    My guess is that they have a better plan up their sleeve.

    Presumably they're thinking Congress will do something before the 1 year wait is over.

    Yea, congress is going to effectively increase taxes in an election year. Sure thing.

    --
    I don't know, but it works for me.
  12. Re:You're wrong, Amazon is wrong, and that's all. by pnutjam · · Score: 2

    Why do you care, are they too big to fail? If their business model is flawed, or based on their ability to exploit a legal loophole, they deserve to disappear.

  13. Re:Actually... by brainzach · · Score: 4, Informative

    Sales tax does not work for securities and investments.

    If securities were taxed at 30% when you purchased it, it would mean that you have to get a 30% return on your money to break even. Stock traders would not exists because they would have to pay taxes every time the purchase something, even if they lose money. Commodity markets will fail for similar reasoning. If you are a middle man who can add 10% value to a product and resale it, you would still lose money.

    Income tax is much more appropriate in these scenarios because you only are taxed on the money you gains. If you buy something at $100 and sell it at $110, you are only taxed on 10 dollars of income. With a sales tax, you make $10 in income but have to pay $30 in taxes resulting in a net loss of $20.

  14. Too bad... I was hoping for a vote by cyn1c77 · · Score: 3

    This issue isn't really Amazon's or California's fault. California wants to tax online purchases (especially Amazon's) because it is a profitable income source they have not been tapping into. Amazon wants to avoid it because they profit of off their customers preferentially buying online to avoid state taxes.

    I think what this really highlights is the difference of opinion between American citizens and the state governments on sales taxes. People feel that they already pay an income tax and don't want to get taxed again when they buy things. The cash-strapped (and mismanaged) government doesn't want to lose that income source.

    Personally, I am disappointed that Amazon is caving. I was hoping for their referendum to make it to a vote to see the actually CA public opinion on this issue. But then again, I never think it is a good idea to give more money to any organization (private, state or federal) that cannot balance its current budget.

  15. Re:Amazon vs. the CA legislature by Acron · · Score: 2
    I grew up in Oregon, were voters are used to enforcing their will upon the state government by directly passing laws which can be submitted to a vote by all registered voters with the appropriate number of signatures and once vetted by the state attorney and presuming the resulting law passes any state supreme court challenges. So if the legislators do something the voters don't like, they can expect to see it overturned at the next state wide election. The voters forced tax increase limits on the state government using this method back in the 80s. I am always amazed in other states were people do not have abililty of direct democratic intervention, how passive and sheep-like the voters can be.

    .

    In this case, apparently laws passed by the California state legislation can be brought up to a referendum of the voters of the state to see if they stay or go, and the state legislation is trying to repass the law the originally passed in a new form that would remove the right of the voters of California of putting the law to a referendum so the voters, and not the PAC-bought legislators, could decide this crucial state issue.

    I do not know if the voters in California have the same ability to pass laws directly as in Oregon. If not, then what the legislation is doing will prevent the voters, and as we know government's must be under incredible pressures to ever reduce tax income (absolute income, i.e. they may reduce the tax rate in good times as the economic growth will still result in an increase in the money they can spend). This is why state governments like to diversify the ways they collect taxes, death by a thousand nibbles instead of one big gulp, and the tax payer becomes the frog being heated slowly in a beaker.

  16. Re:Actually... by pwizard2 · · Score: 2

    On the other hand, the poorer person may spend most of their money on food and items which may not be taxed while the wealthier will be taxed on non-essential purchases.

    It depends on the state you live in. My state levies a sales tax on food items, so I have to pay the bastards an extra 9% just for the privilege of staying alive.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
  17. Re:Actually... by roman_mir · · Score: 2

    Collection of income taxes actually violates your rights, which area also explicitly stated in the 4th and 5th amendments. There is nothing right at all about income tax, actually the first time an income tax was introduced (and fiat money by the way), was during the Civil War, which should never have been fought in the first place. So many Americans died in it, more than in either WWI or WWII. The slavery was a secondary issue, which only came about by the 2nd or 3rd year of the war, as the French started showing signs that they were about to intervene. Slavery was abolished in the rest of the world without wars - slaves were bought out and freed, so it wasn't about that, it was about power of federal government to enforce its will upon States.

    Once government found a way to tax income and to counterfeit currency it grew immensely (because obviously when they print, they don't have anything backing the stuff, though Constitutionally gold and silver is money, not paper, and the Coinage act defines the amounts of gold/silver). Government became a system of growing government power for government officials and closely tied in businesses, not a system of providing liberties for people by people. It's basically a completely distorted version of what US was about. The income tax and fiat money were introduced in the same year - it's not a coincidence, it's because you can't really tax labor related transactions that are done in real money. But more importantly it was the time when things could be rammed through.

    The 18th amendment is very closely tied to the 16th amendment, that's because the income of federal government was coming out of excise taxes, but 50% of income was coming from saloon taxes - alcohol sales.

    Think about that. Basically once the 18 amendment was abolished, the 16th should have been abolished automatically.

    Anyway, we'll see what happens soon, will people wake up to the fact that they are being robbed and prevented from working for themselves and enjoying fruits of their own labor, we'll see.

  18. Re:Babysitting by roman_mir · · Score: 2

    You'll drive it down a bit by removing regulation, but not enough.

    - really? Just look at that proposal. Collecting information for IRS on your babysitter. Having to pay State minimum wage. Having to give 10 minute and 30 minute breaks, during which the babysitter is not responsible for what happens to the kid - (this alone means you need 2 babysitters, or what?) Having all sorts of minimums and maximums on hours, and even a proposal for paid vacation leave, some weird stuff on 'meal time', etc.etc. You think this will not create unemployment?

    How about the mothers who'll stay home instead, because now they just can't hire babysitter? How about restaurants/theaters who'll see reduction of business, because people just can't go outside? I am certain that this regulation was written not without significant 'help' from some lobbyist working for an 'institutional' day care provider or something of that type.

    It's insane nonsense and it's pervasive throughout the entire system, and you don't think this creates unemployment? In a country with over 20% unemployment/underemployment? Well, if you can't get passed your conditioning on the "social justice" (or whatever it is) in this case, then I guess you are right - who cares about those folks, all of them, those who need babysitters and those who need that income.