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Amazon To Collect Indiana Sales Tax In 2014

An anonymous reader writes with this quote from an Associated Press report: "Amazon.com will begin collecting Indiana's 7 percent sales tax from customers in the state in 2014, under an agreement announced Monday. ... Gov. Mitch Daniels' office said Indiana will become the fourth state with such a tax collection agreement with Seattle-based Amazon. It follows a lawsuit by Indianapolis-based shopping mall owner Simon Property Group against the state over the issue and a lobbying push on state legislators by traditional retailers to end what they call an unfair price advantage for online retailers. The deal doesn’t include any other companies, but Daniels said the state is asking Congress to require all online businesses to collect state sales taxes."

40 of 413 comments (clear)

  1. Taxes by cyachallenge · · Score: 4, Insightful

    Well good for them. I don't really see a problem with this.

    1. Re:Taxes by ClaraBow · · Score: 4, Insightful

      Speak for yourself! I live in Indiana! Simon Property Group is a greedy company that have taken over many Malls across Indiana! I"m still going to shop online -- price and selection can not be beat!

    2. Re:Taxes by Tenebrousedge · · Score: 5, Insightful

      Sales taxes of all kinds can be considered 'double dipping' as your income is already taxed. Additionally, they are regressive taxes.

      When doing business with amazon, you are entering into a private transaction that is (probably) not within the state's borders or jurisdiction, unless Amazon is incorporated in that state. Congress is granted the right to regulate interstate commerce, they have not done so in this case. They're also required to make such duties equal across all 50 states, which is probably not going to be a popular move.

      So in general I think this is a bad thing, and the only thing worse would be for brick-and-mortar retailers to lobby congress and make it legal.

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    3. Re:Taxes by Anonymous Coward · · Score: 4, Interesting

      The power to tax is the power to destroy. The 14th Amendment specifically prevents laws from applying to different people in different ways. It was passed to prevent Jim Crow laws. This is just a 100% attack against a targeted business that is unconstitutional and bordering on the laws that prevented blacks from voting and serving on juries after the Civil War.

    4. Re:Taxes by Desler · · Score: 5, Insightful

      Except that the purchasers still owe sales/use taxes to the state. Your transaction with Amazon is no more "private" than with a local grocery store.

    5. Re:Taxes by icebraining · · Score: 3

      Amazon agreeing voluntarily to something is an attack?

    6. Re:Taxes by 246o1 · · Score: 5, Insightful

      Speak for yourself! I live in Indiana! Simon Property Group is a greedy company that have taken over many Malls across Indiana! I"m still going to shop online -- price and selection can not be beat!

      And now you will be paying to have police and roads and schools while you shop online, yay!

      --
      Although the moon is smaller than the earth, it is farther away.
    7. Re:Taxes by Obfuscant · · Score: 5, Insightful

      And now you will be paying to have police and roads and schools while you shop online, yay!

      I already pay for police and roads and schools while I shop online, because I shop online from the comfort of my own home, upon which I pay outrageous property taxes.

    8. Re:Taxes by Ichijo · · Score: 3, Interesting

      The brick-and-mortar retailers should explain to Indiana voters how replacing the regressive state sales tax with a higher progressive income tax would benefit the 99%.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    9. Re:Taxes by MichaelSmith · · Score: 3, Funny

      Speak for yourself! I live in Indiana! Simon Property Group is a greedy company that have taken over many Malls across Indiana! I"m still going to shop online -- price and selection can not be beat!

      And now you will be paying to have police and roads and schools while you shop online, yay!

      He doesn't use those things. He lives in his basement ;)

    10. Re:Taxes by shutdown+-p+now · · Score: 3, Insightful

      Not all states have income taxes.

      And it's not double dipping if the state income tax would have been higher if sales tax weren't there to keep the budget balanced.

    11. Re:Taxes by Anonymous Coward · · Score: 5, Interesting

      *some* of the malls? Almost all of them. Of course the Simon family is FROM indiana and the National headquarters is in Indy ( despite them having more properties in other states). The thing that's most annoying is that they have consistently been greedy when it comes to major decisions. Rather than invest heavily in Malls that were struggling to combat the economic down turn of the area ( i.e. Lafayette Square Mall ) they decided to put all their money into the northside malls, Castleton, Keystone, Carmel's Clay Terrace and Hamilton Town Center.

      All of the latter malls would have kept on going fine without Simon beefing them up, and now Lafayette Square mall is defunct and they whole surrounding area has gone to hell in the last 10 years. Thankfully there's been the relocation of Best Buy and the new superwallmart to help breathe some life back in there, but that Simon abandoned that area completely should have been discouraged by the city.

      it never used to be this way however... Simon changed to its greedy ways slowly as the founder Melvin Simon retired from the company in the 1990's and died a couple of years ago. They used to be a huge charitable organization and really helped the community. What a shame

      Amazon has 3 distribution centers in Indiana and just announced a fourth one, and HAD AN EXISTING DEAL WITH INDIANA NOT TO CHARGE SALES TAX.
      The only reason the state is pursing this now is to appease the Simon Family which is buddy buddy with many key legislators.

    12. Re:Taxes by postbigbang · · Score: 4, Informative

      Yes. There was Simon Malls instigated litgation, and three Amazon warehouses in Indiana (legal nexus under the US Constitution Commerce Clause) and Simon would win. In this case, Amazon got a two year abatement; otherwise they'd have to close up shop, move their distribution, and eventually have to charge an online sales tax that's being instigated in the US Congress. Amazon wins, temporarily.

      --
      ---- Teach Peace. It's Cheaper Than War.
    13. Re:Taxes by davester666 · · Score: 5, Funny

      Correction:

      He doesn't use those things. He lives in his parent's basement.

      --
      Sleep your way to a whiter smile...date a dentist!
    14. Re:Taxes by Nom+du+Keyboard · · Score: 3, Insightful

      Well good for them. I don't really see a problem with this.

      Well then you need a new set of glasses. The sales tax you don't pay (because the online retailer isn't using state and local services such as police/fire protection, roads (UPS and USPS pay for those on Amazon deliveries), utilities, or any other service is rather offset by the delivery charge that you do pay. That makes it pretty much a wash. For local retailers to whine that It's Just Not Fair is simply whining that they don't have a monopoly over your purchases any longer. They have to compete in a more modern world for your dollars, or find a new way to flog their buggy whips.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    15. Re:Taxes by Trepidity · · Score: 4, Informative

      You must not live in Indiana then, because the maximum residential property-tax rate in the state is capped at 1%.

    16. Re:Taxes by Restil · · Score: 4, Informative

      Well, I don't know about Indiana, but here where I live my local central appraisal district has appraised my house for about 3 times what I purchased it for (a foreclosure that sat on the market for 9 months before I found it, and despite all the talk about home values plummeting madly during the most recent recession, apparently someone forgot to tell the taxing authority, since my value certainly didn't drop any, and I'm guessing it didn't for anyone else either. So don't let that 1% fool you. There are other ways around THAT particular roadblock.

      -Restil

      --
      Play with my webcams and lights here
    17. Re:Taxes by Bob+the+Super+Hamste · · Score: 4, Informative

      Sounds similar to my area. Every year my property taxes go up even without increases in the tax levied. All through the recession my taxes have gone up while hearing about how property values have fallen through the floor. I even tried to get my property reassessed by the city for tax purposes but they came out with a similar overvalued amount, i.e. more than I purchased it for. Yet when I want to refinance to get a better rate and shorter term I can't because the appraisers say it is underwater which is probably is. Man it sucks being responsible.

      --
      Time to offend someone
  2. But not in VA by OzPeter · · Score: 4, Informative

    Amazon are about to open a new distribution center near Richmond VA, and local retailers are a bit pissed that Amazon will not be collecting sales tax from VA residents.

    Amazon purchases to remain free of Va. sales taxes

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    I am Slashdot. Are you Slashdot as well?
    1. Re:But not in VA by Obfuscant · · Score: 4, Interesting

      Well this puts Amazon on a more even footing with Barnes and Noble, since they are stuck paying local taxes and are having trouble competing with Amazon.

      Hmm, I sense the possibility of a science fiction story here. Some alternate future where "even footing" is not accomplished by removing impediments from those who are limited, but by adding impediments to those who are unfairly gifted.

      All Hail the God of "Even Footing".

  3. The Little Guy by ThomasLB · · Score: 3, Informative

    The state I live in, Texas, doesn't just have a state sales tax, we've also got county and city sales taxes- and each city and county sets their own, within guidelines set by the state. This is going to be a nightmare for retailers to keep up with, especially the little guys.

    1. Re:The Little Guy by WilliamGeorge · · Score: 3, Insightful

      Hmm, can that same system automatically write the appropriate checks to the dozens (or hundreds, in states with county / city level taxes) of different government entities on the right time schedule for each one, keeping track of all of it in case of an audit, and not costing enough to drive a small business into debt? Yeah, didn't think so...

      --
      William George
    2. Re:The Little Guy by Dynedain · · Score: 3, Interesting

      Zip code's not enough. The item type itself will cause different tax rates. For example, clothes vs. housewares may have different sales tax rates. Carbonated beverages often have additional taxes that other products don't.

      Furthermore, how the item will be used can vary how it is taxed. An example being Canada, where clothes bought for dependent children are tax exempt, but not clothes bought for oneself. You have to declare at the register how the tax will be applied. While this may seem extraordinary, it does happen in the US as well. Off the top of my head, I know that the sales tax for California is different for food sold as groceries vs. food sold for immediate consumption (on or off premises). Ordering a sandwich at Subway's "toasted" (aka heated) triggers a different tax rate at the register.

      These arbitrary taxation systems exist at all levels of government (Federal, State, County, Municipality) and often there are further breakdowns for special economic zones or redevelopment areas.

      Oh, and zip code lookup isn't enough. Zip codes are defined by the Postal Service and do not necessarily respect county and city borders. I have family members living within the city limits of one of the 10 largest cities in the US, yet their official zip code and street address belong to a neighboring suburb city (pop ~200,000). I guarantee a zip code lookup would result in the wrong tax rate.

      Finally, in a zip-code lookup, which tax rate applies? Where the seller has their headquarters, where the distribution facility is, the purchaser's billing address, or the delivery address? They could all be in the state and easily still have different tax rates.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    3. Re:The Little Guy by kidgenius · · Score: 3, Informative

      Ok, heres a good starting point. These zipcodes are shared between two states. I can guarantee that the taxing for these zipcodes would be different depending on what side of the state line you live on. http://maps.huge.info/zips_in_multiple_states.htm

    4. Re:The Little Guy by damiangerous · · Score: 4, Informative

      I think that every state will eventually start issuing sales and use certificates for companies that want to sell into their state.

      States cannot regulate interstate commerce, that's explicitly reserved to Congress. Any solution will have to come from Congress.

  4. Filed Under "W" For "Whatever" by konohitowa · · Score: 4, Insightful

    The only beneficiary of this will be the state of Indiana. Amazon's prices are already (typically) lower than what I can get them for in a store and I don't have to put up with parking lots, shitty cashiers, nor someone trying to pressure me into getting the "extended warranty". I don't have to wander around the store trying to find it, and I don't have to deal with my items either not being carried by them or else out of stock. And now Amazon has the right to demand the same level of government services that the brick-and-mortar retailers are getting. So 3 years from now, when the anachronistic "main street" retailers finally figure out that sales tax wasn't the issue, it will likely be too late for them to do anything about it.

  5. Fair's fair. by purplie · · Score: 5, Insightful

    Retailers gripe about people using their shop for browsing, then buying on Amazon --- but nobody mentions the people (I'm one) who use Amazon for reading reviews, while they're shopping and buying in the retail store.

    As far as the tax goes --- I don't buy it. Local taxes help pay for local services. The fireman will come if there's a fire in their shop. Amazon already pays taxes in the location where they do business, and the fireman will come if there's a fire in their warehouse. And UPS and other shippers pay taxes where they operate, too.

  6. Re:Stock up while you can by Black+Parrot · · Score: 5, Insightful

    The irony is that now we don't have proper representation and we have some of the highest taxes in the world.

    Our taxes aren't particularly high for a developed country, and if we aren't properly represented it's because we got what we voted for, or didn't vote.

    --
    Sheesh, evil *and* a jerk. -- Jade
  7. Fair request by s.petry · · Score: 4, Insightful

    First off, none of us like paying taxes, including sales tax. This legislation in question won't do away with sales taxes, and the discussion here should not really be about the legality of sales taxes.

    With that disclaimer out of the way, I agree with the business owners. If I can buy something on line and not pay sales tax so get the good cheaper, how is that fair to a local store that must charge the sales tax? Simply put, it's not fair at all. Taxes should be based on the consumer's location, not the outlet's location. We do the same with insurance premiums, some interest rates, etc..

    The loophole for internet stores hurts smaller businesses. It favors large companies that can pack up and move to places with the lowest tax rates to attract consumers. Much the same way that interest rate premiums favor the state with the highest legal rates *caugh* Delaware *caugh*.

    As long as taxes are legal, I am all for making them as fair as possible.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  8. Re:Bad precedent by Obfuscant · · Score: 3, Informative
    Article 1, Section 8: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

    Since congress has not levied an excise or impost upon interstate transactions, and the states do not have the power to do such, then we are guaranteed, via the US Constitution, of tax-free interstate commerce, with respect to any sales tax.

  9. Re:Stock up while you can by crdotson · · Score: 3, Insightful

    Our taxes aren't particularly high, but if you raised taxation to the level needed to support the current spending levels (about 40% of GDP at all levels I think) they would be amazingly high.

    Yes, we probably need to raise taxes, but what we really really really have to do is cut spending.

  10. WHY would there be sales taxes? by Oxford_Comma_Lover · · Score: 3, Informative

    What service does the state provide that justifies charging a sales tax rate to out-of-state-businesses comparable to those of in-state businesses? While there is some use--i.e. the roads--for the most part the out-of-state business requires fewer state resources, and the state is not justified in collecting that tax on the basis of the business presence. That being said, sales taxes are formally taxes on people, which makes them superior in certain ways to income taxes--because they're closer to taxing *consumption*. Thus the state taxes the consumption of things consumed within the state. The problem with this, of course, is that it isn't nearly so redistributive as the income tax; the advantage is that it actually taxes monies other than ordinary income.

    Meh. I'm not going to think about this now.

    --
    -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    1. Re:WHY would there be sales taxes? by RadioTV · · Score: 4, Informative

      Amazon has three distribution centers in Indiana and they are getting ready to open the fourth. I live in Indiana and I have to pay says tax to other online retailers that have a presence in Indiana, but not Amazon.

      --
      I have great faith in fools - self confidence my friends call it. - Edgar Allan Poe
    2. Re:WHY would there be sales taxes? by Dahamma · · Score: 5, Insightful

      It's not a tax on the business, it's a tax on the buyer. The difference here is not that the buyer is not still supposed to pay, it's that Amazon will now handle the collection, because that's 1000x times more efficient than trying to enforce it for every single person in the state(s) collecting it.

      And, the complaint from in-state businesses is not that the Amazon, etc is using resources of their state, it's that they are able to compete unfairly with a sometimes 9+% price break. Sure, it can hurt huge companies like Wal-mart with a physical presence in all states, but ironically it's even *worse* for the small, local businesses who are already being hurt by Wal-mart's physical presence...

    3. Re:WHY would there be sales taxes? by mysidia · · Score: 4, Insightful

      I live in Indiana and I have to pay says tax to other online retailers that have a presence in Indiana, but not Amazon.

      Because they aren't really "Amazon.com" distribution centers, perhaps?

      Because those "distribution centers" are most likely owned by a different company who just happens to have the name "Amazon" in their name, and just so happens to have an agreement with Amazon.Com that requires acquisition and shipment of materials on Amazon.com's instruction?

      Think of it this way... you can have a website named Amazon.com that has a large number of affiliates. The internet-based web site creates an illusion that you are dealing with one company, when you are actually dealing with a multi-level marketing scheme, and Amazon.COM is just the "image" and DBA you, the end user see.

      So, when you "order" an item, the order can transparently be sent to an "Affiliate" network member corporation that doesn't have any presence in the buyer's state, e.g. California if the buyer is in Indiana.

      Meanwhile... if someone in California buys something, their order could be sent to an Affiliate in Indiana whom will be the party they are legally buying the item from.

      And then the Amazon.com website's role is just a "Payment processor" and "Order aggregation" company, for the affiliate networks; they bring all the order to one place, and make the process of selecting the optimal affiliate invisible to the end-user.

  11. Just so long as.... by RobinEggs · · Score: 4, Insightful

    Yes, we probably need to raise taxes, but what we really really really have to do is cut spending.

    I disagree that spending cuts are the major priority; we could cut plenty of things plenty deeply, yes, but there's really no sustainable path on which we can continue to charge as little as we do in tax. It's basically impossible to charge the lowest rates in the developed world while simultaneously dominating the planet in military power AND science AND culture AND economic production, yet people seem to believe we can do just that if only we cut spending and lower taxes even further.

    But so long as you admit taxes should go up, I can agree with looking at spending first. It's certainly responsible to use what you have more carefully before you ask for more. Just so long as you're not one of those dumb fucks who thinks cutting spending alone can fix the problem we'll get along fine....

    I know that's inflammatory language, but seriously: who can be stupid enough to look at our federal budget and think we can even balance the deficit, much less pay off some debt, with spending cuts alone. It's a truly asinine notion, one which any fourth grade math assignment can easily refute, and yet it captivates (imprisons, at this point) a major political party.

    My brain almost refuses to believe that anyone could be so ignorant, so selfish and deluded, as to think fully 30% of our federal budget is waste and inexcusable handouts, all of which can be slashed without any remorse or negative consequences at all.

    And if you really want to have fun, look at the things Republicans want to cut out, and then look at the fraction of the budget they represent. The NIH, the NSF, foreign aid, the national endowment for the arts, public broadcasting money....all of that put together isn't even 0.5%, and yet they harp on each of those things, individually and extensively, like they're the pinnacle of waste and socialist excess.

    God dammit, I'm gonna need some heart medication soon.

  12. The little guy is screwed. by witherstaff · · Score: 3, Insightful

    The last version of quickbooks I have installed doesn't have the option to pay appropriate taxes for all government entities involved for a small scale E-merchant. I know my local bookkeeper can't handle that either. I imagine Quickbooks could start adding features for this but damn, sending checks to every city/state/town is gonna be annoying as hell. I know I have to pay my local township taxes in a check or money order and assume this will be the case for almost every entity. More expense, joy!

    Then you get to the harder issues. Forget writing your own ecommerce site. Forget using open source e-commerce software. To keep track of this data, which could end up making a company liable for large fines, means you'll have to hire a company since you can't trust to be indemnified otherwise. This is actually a huge win for amazon, you're going to have to use amazon or ebay or other large companies just to keep your small businesses e-commerce operating. That could up the cost significantly.

    1. Re:The little guy is screwed. by Leuf · · Score: 4, Insightful

      A zip code isn't enough to calculate a tax rate. There are county level taxes and country boundaries are not necessarily zip code boundaries. So you have to know what county the address is located in.

      Furthermore, certain items are tax exempt or taxed at different rates, and not every jurisdiction has the same exemptions and rates. So you may not only need a database of rates at every level of government, but also a database of what is taxable for every level of government of every jurisdiction in the country.

      Furthermore, certain jurisdictions have tax holidays so you somehow need to find these out for every jurisdiction in the country every day, while you check to see if anyone has changed their tax rate(s).

      So what makes more sense, having every individual find their own solution to this problem, or have the entity responsible for the problem and receiving the money come up with a single solution and indemnify the businesses that use it against any inaccuracies present in the database?

  13. Re:Bullshit with the best by Cimexus · · Score: 4, Informative

    Agreed. I have resided in and worked long-term in many countries including the US, Australia, several Asian and European countries. I definitely paid less tax in the US than I ever did in any other country (on a similar income).

    US income taxes are generally lower than other developed countries for most income brackets. This is especially true at the middle-high income level (the top US Federal income tax rate is 35%, compared to 50+% in most of Europe and 45% in Australia, and it kicks in at a higher income). The exception is low-income earners, who pay more in the US than in other countries (many countries have a 0% tax bracket for the first $x of income per year, but US income taxes kick in from the first dollar).

    US sales taxes are lowish too, compared with, say, 15-20% VAT seen in much of Europe, or 10% GST in Australia etc. (As an aside, they are also ridiculously complex, varying from State to State, county to county and even city to city - seems like a massive administrative burden compared to the single, flat rate seen almost everywhere else. In fact in most other places, the sales tax/VAT/GST is included in the advertised cost of the item, so if it says $20 on the shelf, it's actually $20 when you get to the counter ... not $20 + 5.75% or whatever random percentage the state/county applies. That always drives me nuts when I'm in the US)

  14. You're right, but those guys are full of shit, too by RobinEggs · · Score: 4, Insightful

    Sure, but the flip side of that is the people screaming "make the rich pay their fair share!!!" as if that will fix the entire problem. That's not going to be even close to enough.

    That's quite true. Making only the rich pay more will not be enough; not by most persons' definition of 'rich', anyway.

    What bothers me most about the 'rich paying more' debate, however, is the lying responses from the politicians and think-tanks paid to glorify the wealthy, justify flat-taxes, and vilify the bottom 2/3 as selfish profligates sucking at the socialist teat. You see bullshit statements like "even if we took the entire income of the top 1% every year we'd only solve 1/6 of the deficit" or "even if the marginal rate on the top quintile went up by 15% a that would only fix 1/2 of the deficit alone, much less the debt" or one Republican candidate's favorite "54% of Americans pay no tax at all.

    First, the top 1% generally have assets far in excess of their yearly 'Income', or even their real income. It's almost outright lying to look at a guy with assets in the billions and say that taking all of his Income every year wouldn't help because his income is only in the tens of millions. Not to mention that tons of that money - for many of the 1% virtually all of it- stays permanently in investment vehicles or goes through enough (technically legal) money laundering to make a Mafioso blush. It's either never technically income despite being economic power, solely controlled by an individual, which is equal to the lifetime output of dozens or hundreds or thousands of people working at the median national salary, or it was hidden from taxation outright. Either rewrite the tax code literally from scratch, or punish their decades of shirking by taxing the extremely wealthy on their assets (even as a one-time event), and the top 1% could indeed put a huge frickin dent in our budget problems.

    Second, quintile-based arguments conveniently ignore the fact that even the second quintile from the top bottoms out at $55,000. That's already an acceptable living in all but a handful of cities, and the numbers only go up from there. In most cities the top 40% can easily afford to pay another 1 or 5 or 10% in federal tax per year, to say nothing of what the top 20% and top 1% can afford. I am not saying it wouldn't hurt, but real taxes - the kind that can actually sustain a first-world nation with 350 million people, the world's best educational and scientific capabilities, and a military bigger than the entire planet put together ever had up until the first world war - might have to hurt a bit sometimes.

    But the worst of all is probably the argument that the bottom x% pay nothing at all (those greedy little parastic fuckers!). The truth is, the bottom x% pay no final income tax, after their deductions and refunds are processed; when you ask non-partisan analysts and think-tanks who specialize in tax they'll tell you that even the very bottom 1% pay at least 15% of their income in various taxes on property, utilities, retail sales, where even the top 1% pay only 30-35% across all types of tax.

    I just can't seem to feel bad that people with six, seven, eight, and fucking nine figure incomes pay twice as much tax as the dirt poor. Can you? A lot of people, from the filthy rich to the upper-middle-middle class who just wish they were, need to shut up and pay their damn share. Before hey find people with pitchforks at their doorsteps. I'm not some militant communist whacko, not in the least, but I'm also not kidding when I say that. Just because the standard of living is so high that only the destitute in America have any serious complaints to make versus any other nation or time in history doesn't mean people don't notice the looting and abuse going on. Just because they have TV and cell phones and generally have heat in the winter doesn't mean the bottom 40% are happy struggling to pay for their healthc