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US Senate Passes National Internet Sales Tax Mandate
SonicSpike writes with the news that the U.S. Senate yesterday "passed a nonbinding proposal to allow states to collect sales tax on Internet sellers that have no presence within their borders. The proposal was an amendment to a 2014 budget bill that the Senate debated Friday. It was pushed by Senators Mike Enzi, a Wyoming Republican, and Dick Durbin, an Illinois Democrat, and was designed to give backers a sense of whether they had enough votes to push forward with final legislation to impose an Internet sales tax. The vote showed they have plenty of backing to overcome any filibuster seeking to block a final sales tax bill."
This will be struck down. You can't tax a person or business not in your jurisdiction. You could try to make your citizens pay the tax but you can't require an out of state business be a collection agency.
I love Jesus, except for his foreign policy.
As an Oregon online retailer, I can say that this will be big pain in the ass, because I'll go from collecting tax for zero states to collecting tax for 46 states, and having to calculate all the various kinds of taxes levied by cities and municipalities. It's going to be a fucking nightmare, which is why the supreme court stopped it in the first place.
At least Ron Wyden is doing his damn job by fighting it.
You're not considering the other issues such as having to go through multiple state audits when they want to challenge if you're sending them enough of the revenue that you're collecting for them. Finding out that oops, this country in this state raised their tax rate and you didn't know but now they're taking you to court for not paying the right fees is not how you want to run a business.
In the end, the big chains that can afford it (Amazon) will have distribution centers in each state and completely dodge the issue, while all the added burden will go to their smaller competitors.
Before you can even collect sales tax you will have to register with each state and pay for a sales tax id ($100 for CT alone). I don't believe for a second that states are going to give sales and use tax ids away for free either. I don't see how this is going to work for anything but the largest online retailers and I'm still not convinced that this doesn't violate interstate commerce.
Instead of requiring retailers to PAY the sales tax, they should only be required to remit sales logs and let the state collect the use tax from whoever purchased the goods. But, that makes too much sense and would again put the responsibility on the state to collect the money when all they really want is a ride on the internet sales gravy train.
Do what thou wilt shall be the whole of the Law - Aleister Crowley
If they do demand this, they should provide some online framework. Buyers address and total gets sent in a standardized format to respective state ran sales tax servers, and the server spits out the correct amount. If the state gets the tax wrong, the seller should never be responsible for the mistake.
XML is like violence. If it doesn't solve the problem, use more.