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Tech Giants Urge Congress To 'Protect Entrepreneurs' From Supreme Court Ruling (theverge.com)

U.S. states can now require online retailers to collect local sales taxes, according to a recent Supreme Court ruling that could affect thousands of third-party sellers on top tech sites. An anonymous reader quotes The Verge: In fact, Amazon, which last year started collecting sales tax in all 45 states that require it by law, may have a substantial amount of work to do to help its Amazon Marketplace sellers stay compliant. Yet we don't know if that burden will fall primarily on Amazon or if it will be the responsibility of the sellers. More than 50 percent of all sales on the site are conducted via third-party sellers, some of which use Amazon for fulfillment but otherwise operate independent small- to medium-sized businesses... Etsy, eBay, and others are in similar boats. According to the US Government Accountability Office, as much as $13 billion in annual sales tax revenue is at stake....

Etsy is concerned about what it sees as "significant complexities in the thousands of state and local sales tax laws" and that by overruling the Quill decision, the Supreme Court has put the ball in Congress' court. "We believe there is now a call to action for Congress to create a simple, fair federal solution for micro-businesses," Silverman added.

The Verge writes that "the case may be litigated for years to come to figure out how to account for the over 10,000 state jurisdictions that govern sales tax across the country. That is, unless congressional legislation supersedes the state court decisions... Even groups that were in favor of the ruling, like the nonpartisan research institute the Information Technology and Innovation Foundation, are imploring Congress to act."

eBay has already mass-emailed many of their users urging them to sign an online petition "to protect entrepreneurs, artisans and small businesses from potentially devastating Internet sales tax legislation." The petition presses state governors, U.S. lawmakers, and president Trump to "support the millions of small businesses and consumers across the country."

Keep reading to see what eBay is urging legislators to do...
  • Keep the Internet as free from government taxation and regulation as possible.
  • Protect entrepreneurs, small businesses and artisans from new taxes, audits or collection burdens because they can least afford the added costs.
  • Continue to prohibit states and localities from applying and enforcing sales and use tax laws on small, remote local businesses who have no political or voting connection to the taxing state.
  • Reject tax policies that raise prices on consumers who shop online with small businesses for artisan, craft, religious, vintage or other niche products because they should not be paying more taxes.

Do you agree with the Supreme Court -- or with the tech companies who want a new federal solution?

Leave your thoughts in the comments...

300 comments

  1. Avalara is the solution by Anonymous Coward · · Score: 0

    They handle the over 110,000 US tax rules for us, and we give them roughly half of our profit.

    1. Re: Avalara is the solution by Anonymous Coward · · Score: 0

      LOL.

  2. Re:Sounds like a new cottage industry will be born by NoNonAlphaCharsHere · · Score: 4, Interesting

    These are state sales taxes being applied to interstate commerce. It's the reason why sales taxes have never been applied to out-of-state catalog sales. Your inflammatory rhetoric is just that.

  3. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 1, Interesting

    Interstate commerce generated in, and resulting in goods being delivered to, the state in question. If your only objection is that it's called a sales tax, they can call it a use tax instead.

  4. just simplify tax code by Anonymous Coward · · Score: 0

    I love how America is so anti-tax, then they struggle to wonder why they are such a shithole.

    Number 1 in health? No. Number 1 in public transit? No. Number 1 in air quality? No. Number 1 in citizen happiness? No. Number 1 in weatlh equality? No. Number 1 in education? No.

    American exceptionalism, lololololol

    1. Re: just simplify tax code by Anonymous Coward · · Score: 0

      Could be worse. Could be a VAT system where everything is taxed along the line of production to the consumers hands.

      A much more sensible approach would be more of a flat tax. Fair Tax has done the legwork already in this regard.

    2. Re: just simplify tax code by Anonymous Coward · · Score: 0

      What is it about the "A" as in Added that you don't understand?
      I buy something including VAT for my business I can reclaim/offset that VAT against what I charge the people who buy from me. I only pay for what I've added to the thing.

      The US system of state, county and citys sales taxes is possibly the most complicated tax system in the world.

    3. Re: just simplify tax code by Anonymous Coward · · Score: 0

      Itâ(TM)s called freedom. look it up. Nanny state freebies at others expense do not make any place âoeexceptionalâ.

  5. Re:Complete bullshit by NoNonAlphaCharsHere · · Score: 1

    And in many (over 50%) situations, eBay & Amazon are merely bulletin boards where buyers and small independent sellers get together. Lots of eBay sellers have their entire inventory in the hall closet. Are they the ones who are supposed to handle calculating state and local sales taxes and getting that money to thousands of taxing jurisdictions? How about we apply sales taxes to people selling used couches and washing machines via local classifieds or craigslist?

  6. Propaganda? by MeNeXT · · Score: 2, Insightful

    Is it me or does this sound like buzzwords intended hide tax avoidance.

    It sounds to me that some want the benefits and access to society without making any contributions.

    If it's not OK for online stores to collect sales tax when doing business in a jurisdiction why is it OK for brick and mortar? Local shops are at a disadvantage since they have to contribute to the infrastructure that makes online commerce feasible while the online merchants consider it "unfair" to make any contributions.

    --
    DRM? No thanks, I'll just get it somewhere else...
    1. Re:Propaganda? by NoNonAlphaCharsHere · · Score: 1

      Because the brick-and-mortar store only has to send the collected funds to single (possibly a few) taxing bodies: i.e. the one where the store is located. Online sellers would have to collect and send money to thousands of taxing bodies. Next thing, they'll be demanding that the money be kept in separate escrow accounts.

    2. Re: Propaganda? by Anonymous Coward · · Score: 0

      Businesses are typically wired to get the most profit for the least amount. Amazon and Ebay are not setup to calculate taxes, and haven't been required to do so before now.

      Also, there are typically three different tax rates at three different locations to figure out what the tax rate is and who gets and who pays what taxed.

      The question is who gets hit with the blame, the seller, or the website?

      Frankly it is the responsibility of Amazon and Ebay to provide tax calculations as a service to vendors and customers using the site to ensure a pleasant and seamless experience. Once Amazon and Ebay figure out what they are supposed to do.

      But it is the time between now and when Amazon and Ebay are up to code that sellers will suffer either lost income or an unexpected tax burden, and/or tax liabilities they were not prepared for. Its almost like being t-boned by a wreckless driver.

    3. Re:Propaganda? by Anonymous Coward · · Score: 0

      Pay your tea tax people! There's no excuse for violence like that insurgent George Washington. The majority of British citizens have voted to screw the colonies and I don't know what inalienable rights are. I'm pretty sure the priveledge of living has to be purchased though. TV news says so.

      Heil Hitlary as mandated by law! Democrats are exactly like the Nazis. ae911truth dot org

    4. Re:Propaganda? by DogDude · · Score: 0

      Because the brick-and-mortar store only has to send the collected funds to single (possibly a few) taxing bodies: i.e. the one where the store is located. Online sellers would have to collect and send money to thousands of taxing bodies.

      ... and your point is...?

      --
      I don't respond to AC's.
    5. Re:Propaganda? by MeNeXT · · Score: 2

      It's the cost of doing business. It is the same issue with the brick and mortar stores. If you choose to be in business in a jurisdiction you must follow the rules. If the rules are too cumbersome then they need to change. Why should online retailers get a free ride and not contribute? I never understood this mentality. If they don't want to collect the taxes then it's simple they don't sell to that jurisdiction.

      --
      DRM? No thanks, I'll just get it somewhere else...
    6. Re:Propaganda? by tepples · · Score: 1

      To how many taxing bodies does your business remit sales tax annually?

    7. Re: Propaganda? by MeNeXT · · Score: 1

      Businesses are typically wired to get the most profit for the least amount. Amazon and Ebay are not setup to calculate taxes, and haven't been required to do so before now.

      Also, there are typically three different tax rates at three different locations to figure out what the tax rate is and who gets and who pays what taxed.

      The question is who gets hit with the blame, the seller, or the website?

      Frankly it is the responsibility of Amazon and Ebay to provide tax calculations as a service to vendors and customers using the site to ensure a pleasant and seamless experience. Once Amazon and Ebay figure out what they are supposed to do.

      But it is the time between now and when Amazon and Ebay are up to code that sellers will suffer either lost income or an unexpected tax burden, and/or tax liabilities they were not prepared for. Its almost like being t-boned by a wreckless driver.

      Nobody is wired. Business models represent how a business makes a profit. If the model doesn't work, business go bankrupt.

      The hassle of taxation has been part of doing business since the start of business. If taxation is too cumbersome then that is the problem not that it is too cumbersome for some. It's too cumbersome for all.

      If you can't manage your own business by collecting the legal taxes yourself then you should not be in that business. Sell to Amazon and charge Amazon. Why should someone else be responsible for your legal obligation. You are the one benefiting from the reward.

      --
      DRM? No thanks, I'll just get it somewhere else...
    8. Re:Propaganda? by Ichijo · · Score: 2

      Online retailers already pay shipping fees which pay for the necessary infrastructure to get their products into the hands of their customers. This isn't tax avoidance by online retailers, the online sales tax is just a money grab by the states.

      If online retailers are at a disadvantage, it's because the cities they are located in impose oppressive regulations on them that force their prices up and don't apply to online retailers. Regulations like minimum setbacks, maximum floor area ratios, height limits, minimum parking requirements, and so on. You know, the same laws that make housing unaffordable just to benefit current property owners, Big Oil, and so on. The same laws that give food trucks an advantage over brick and mortar restaurants. These laws MADE Amazon!

      Every state is free to drop their sales tax and enjoy a competitive advantage over other states. Every city is free to eliminate regulations that restrict commerce and limit the tax efficiency of each parcel of land. I just wish cities and states were allowed to go bankrupt under the weight of their own laws.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    9. Re:Propaganda? by DogDude · · Score: 2

      Our sales tax is paid monthly. But, a few dozen, probably. We just let the software do it for us. I honestly haven't checked in a few months. That's how much of a burden it is.

      --
      I don't respond to AC's.
    10. Re:Propaganda? by Anonymous Coward · · Score: 0

      as a seller of hand made goods over the internet, I really could care less for the tax-supported infrastructure of some other country, when mine is rather shit. Should I start collecting sales tax and sending it to my local government? Tell em to fill some potholes? I agree local shops are at a disadvantage in this argument. Taxation should be standard and based on the consumer's ability to pay. Taxing microscopic businesses, or preventing them from doing business at all without going through a tech giant, is something that seems to be trending.

    11. Re:Propaganda? by originalGMC · · Score: 1

      Lol okay. If you have an IP address of "jackson mississippi" sorry, you'll have to VPN to Georgia to buy my shit. LOL whatever dude. Small business will NOT comply ... too hard. The tax bodies will need to meet us halfway if they want their share.

    12. Re: Propaganda? by Bing+Tsher+E · · Score: 1

      Is the physical point of delivery neatly managed to correspond to the vpn location? Does the vpn provide a big encrypted truck to deliver the goods?

    13. Re:Propaganda? by Anonymous Coward · · Score: 0

      government isn't the one who made the "benefits of society" the individuals and businesses did. the governments and their slaves like you are the ones leaching off of society and destroying it. we choose not to fund our own destruction. you are just a dumb whore who does what they are told and then wants to bring everyone down to your dirty knee level.

    14. Re: Propaganda? by Anonymous Coward · · Score: 0

      A few dozen? LOLOLOL stfu man. You are a complete idiot. You just made yourself look like a fucking moron. Fuck off already, we are all laughing at your "small brick and mortar" business with a few dozen tax codes.

      LOL.'im done, please just stop posting in this thread. If not I'm going to laugh at every post you make.

    15. Re:Propaganda? by Zontar+The+Mindless · · Score: 1

      Small business will NOT comply ... too hard. The tax bodies will need to meet us halfway if they want their share.

      Are you high? The tax bodies will meet a few noncompliant operators halfway to bankruptcy court and/or prison, and the remaining holdouts will suddenly and miraculously discover ways to pay their taxes.

      --
      Il n'y a pas de Planet B.
    16. Re: Propaganda? by ZenShadow · · Score: 0

      If you can't manage your own business by collecting the legal taxes yourself then you should not be in that business. Sell to Amazon and charge Amazon. Why should someone else be responsible for your legal obligation. You are the one benefiting from the reward.

      If you can't manage your own life by paying your allotted use taxes yourself then you should not be alive. Use a paid buyer and pay that buyer. Why should someone else be responsible for your legal obligation? You are the one benefitting from the reward.

      Oh, wait...

      --
      -- sigs cause cancer.
    17. Re: Propaganda? by Anonymous Coward · · Score: 0

      Dude... it is not that they aren't paying. It is that they aren't collecting. This is not a story about rich businesses not paying their fair share. It is a story about small businesses not being able to collect the taxes in every jurisdiction. Texas has several sales tax holidays every year. Zero sales tax on certain goods on those dates. How is someone from Michigan going to know which items are free of sales tax and up to what limit?

    18. Re: Propaganda? by Anonymous Coward · · Score: 0

      Boston tea party was complaining about tax being *lowered*, since that made the smugglers less competitive.

    19. Re: Propaganda? by Anonymous Coward · · Score: 0

      Our sales tax is paid monthly. But, a few dozen, probably. We just let the software do it for us. I honestly haven't checked in a few months. That's how much of a burden it is.

      A few dozen? LOLOLOL stfu man. You are a complete idiot. You just made yourself look like a fucking moron. Fuck off already, we are all laughing at your "small brick and mortar" business with a few dozen tax codes.

      LOL.'im done, please just stop posting in this thread. If not I'm going to laugh at every post you make.

      While I know nothing about the OP's business, this is actually a fair description of a LOT of small businesses. They have a single address for purposes of reporting federal and state income tax - and they may even have a small store there, hence the "brick and mortar" part, but they make a large chunk of their income from sales in many different tax jurisdictions.

      For example, consider the businesses that sell goods at county fairs or professional or hobby conventions. They travel a lot (often over week-ends), and are doing business in a lot of tax jurisdictions, but it might only be a couple people in the business.

      The different tax jurisdictions might just be different counties or cities within one or two states, but it really depends on how far they have to travel to get the business.

      If you pay more attention to what's going on in the town or city nearest you, you'll find lots of these types of events going on. People have a lot of hobbies, and there are a lot of professional organizations - and many of these events have vendors at them.

      You might find it worth while going to one of these events and talking to a few of these people. If you're polite and courteous you might learn some things about the world you live in that are currently beyond your personal experience.

    20. Re: Propaganda? by Anonymous Coward · · Score: 0

      >The hassle of taxation has been part of doing business since the start of business. If taxation is too cumbersome then that is the problem not that it is too cumbersome for some. It's too cumbersome for all.

      Lol at talking business and not understanding economies of scale.

    21. Re: Propaganda? by Anonymous Coward · · Score: 0

      The different tax jurisdictions might just be different counties or cities within one or two states, but it really depends on how far they have to travel to get the business.

      In New England, where the states are pretty small, you could actually have a LOT of states within a reasonable driving distance.

  7. Online tax by AHuxley · · Score: 1

    In Communist Russia no tax to stand in line for you.
    In Capitalist USA new online tax for you.

    Time for an IoT party. Go full Taxachusetts. Let the states tax tea. Enjoy some tax free coffee.

    --
    Domestic spying is now "Benign Information Gathering"
  8. I'm old by rsilvergun · · Score: 4, Insightful

    and I don't buy a lot that isn't food, shelter, healthcare or my kid's education. Now, we still manage to add sales tax on a lot of that (hooray for regressive taxation) but it's usually less and tax deductible on my federal return.

    What I'm saying is, go for it. Tax me. It'd be nice if I wasn't looking to a third rate pizza joint to fix pot holes. But while you're at it how about some new _Progressive_ taxes? Our country's best years (economic growth wise) were when marginal rates were in the 90% for income over $22/mil/year (inflation adjusted). How about if I'm gonna pay my dues the uber rich do too. They benefit more than me anyway.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:I'm old by LynnwoodRooster · · Score: 0

      Back in those days (the 1950s - when we last had a real surplus and paid down the national debt), the Federal Government collected, per capita and adjusted for inflation, about half what it does today. As Government spending has exploded, taxation has actually increased too - but we're getting a lot less for it (well, other than debt, that's mounting up at record paces!).

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    2. Re: I'm old by Anonymous Coward · · Score: 0

      That's what happens when you privatize government. Costs go up because more worthless executives and shareholders to coddle and quality goes down so every job has to be done two or three times (if you're lucky).

    3. Re:I'm old by Anonymous Coward · · Score: 0

      Of course, per capita and 'adjusted for inflation' the economy is smaller now.

  9. fuck off by Anonymous Coward · · Score: 0

    I'm tired of getting these emails from eBay.

    No i will not sign the petition. If you don't want to pay taxes, you can fuck off. Protect entrepreneurs? Laughable, what from selling online? Lul

    If you don't want to pay taxes, then resort to crime, otherwise contribute like the rest of us do.

  10. Re:Complete bullshit by DogDude · · Score: 1

    Are they the ones who are supposed to handle calculating state and local sales taxes and getting that money to thousands of taxing jurisdictions?

    I'm not a judge, but if they're collecting the money, I would call them the sellers, and I would say, yes, it's their responsibility to collect and pay sales taxes as appropriate.

    But, that's irrelevant. Organizations or individuals who are selling in different tax districts need to collect and pay taxes in those districts.

    --
    I don't respond to AC's.
  11. Fuck 3rd party sellers. And fuck Amazon by Anonymous Coward · · Score: 0

    Really, screw them. In the past I would buy from amazon because I knew who I was buying from. There was a guarantee of the quality of the item, of the processing, of the handling of my personal data.
    Now that amazon has allowed third parties to plague their site, I have none of these. So screw them for screwing something that was good. It no longer is

  12. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 1

    A win-win for the United States of America

    Sorry, but the inconvenience of doing a little more work isn't a valid excuse for not paying your taxes. Lack of preparation on your part does not excuse being a deadbeat.

    Keeping track of where you shipped your products amongst 10,000 taxing entities then submitting the proper form and payment to each one sounds like a bunch of work to me.

  13. Re: Complete bullshit by Anonymous Coward · · Score: 0

    Taxes apply to sofas and washing machines, its just those taxes are based on profit, and items in yard sales, craigslist, and classified ads, are typically sold at a loss.

  14. Re:Sounds like a new cottage industry will be born by sixsixtysix · · Score: 2

    If anything, it is generated from the seller's side. Move everything to Nevada, problem solved.

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    ...
  15. Sellers' state should be the taxed side by sixsixtysix · · Score: 1

    You are buying it from them, where they are located. Anything else seems retarded.

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    ...
    1. Re:Sellers' state should be the taxed side by ScentCone · · Score: 1, Troll

      No, they are delivering to you, where YOU are located. That's where the sale is considered to be completed. Whether you walk into a local store to pick it up, or UPS delivers it to your address, it's where you take possession of the goods that makes the sale a sale in a given jurisdiction. Has always been this way, and this ruling doesn't change that.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Sellers' state should be the taxed side by MeNeXT · · Score: 1

      You are selling in the jurisdiction you are delivering to. Everything else seems retarded.

      --
      DRM? No thanks, I'll just get it somewhere else...
    3. Re:Sellers' state should be the taxed side by Anonymous Coward · · Score: 0

      > Sellers' state should be the taxed side

      The EU tried that for a while. As a result, big corporations moved their headquarters to tax havens like Luxembourg where the sales tax/VAT was lowest.

      Which is why everyone now has to pay taxes in the buyer's country.

    4. Re:Sellers' state should be the taxed side by Zontar+The+Mindless · · Score: 1

      You've never bought a home or a car from an out-of-state owner, have you? If you ever do, you're in for a little surprise.

      --
      Il n'y a pas de Planet B.
    5. Re: Sellers' state should be the taxed side by Anonymous Coward · · Score: 0

      You aren't offering a good argument when you resort to "It's always been this way" as the premise.

      Of course, technically, that's wrong, but I don't expect you to read GATT.

    6. Re:Sellers' state should be the taxed side by bill_mcgonigle · · Score: 1

      That doesn't make any sense. If I order something, I'm placing an order for a sale. The seller then decides if the sale will be complete. There can be many factors that go into that decision, including whether or not the item is in stock, backorder, etc. If the seller cancels the order because he doesn't have any stock, there's nothing at all as the consumer that I can do about it. Because the sale isn't complete until the seller accepts the sale. At that point, with the sale complete, he mails it to me. What the feds are saying now is that you can be taxed on things you mail, based on the sale price of the item, in the jurisdiction to which it is being mailed. That's just daffy.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    7. Re:Sellers' state should be the taxed side by Anonymous Coward · · Score: 0

      I would argue the seller or transport company is importing the goods, and it's actually the transport company doing the transporting. Once it leaves my warehouse I have no control over it and its in the buyers hands. If the buyer wants insurance its up to them to demand that insurance. if they want me to have liability then it's up to the buyer to put that liability on me via contract. This is all stuff that happens in the real world in international sales. It would be insane for Europe for example to be able to force my US business to collect tax on an item that a buyer in Europe is importing. And guess what- Europe makes everything go through customs because of this. They don't trust there citizens to report or pay the tax so they examine everything coming in.

    8. Re:Sellers' state should be the taxed side by ScentCone · · Score: 1

      At that point, with the sale complete, he mails it to me.

      No. The sale isn't complete until the goods are delivered. Usually, the seller hires a third party to see to that part on their behalf.

      That's just daffy.

      And yet that's what South Dakota wanted, and they just won in court. Which is why it's time for congress to step in.

      --
      Don't disappoint your bird dog. Go to the range.
    9. Re:Sellers' state should be the taxed side by theCoder · · Score: 2

      Do brick & mortar vendors near state lines need to start checking IDs so they can charge the right sales tax to each customer based on their home address? That's where they are "delivering" the items to, right?

      In some places, there are very different tax rates on things like cigarettes, such that smokers have a strong incentive to drive across the state line to purchase cigarettes at a lower rate. States have gone after these smokers for violating their home states' tax laws by not paying the higher tax. With this ruling, will they go after the vendor instead?

      Another example: I've often seen in tourist locations vendors offering to ship (especially large) items their customers buy so they don't have to try to pack it in their luggage. Will those vendors have to collect and remit sales taxes to tourists' home states?

      In the real world, the tax that applies is always where the vendor is, not where the item will eventually end up. But for some reason, in the virtual Internet world, everyone thinks the opposite should be true. That is what doesn't make sense.

      But I look forward to going into Walmarts in other states and demanding that they calculate tax based on my home state (and remit it there, too).

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    10. Re:Sellers' state should be the taxed side by ucity · · Score: 1

      At that point, with the sale complete, he mails it to me.

      No. The sale isn't complete until the goods are delivered. Usually, the seller hires a third party to see to that part on their behalf.

      That's just daffy.

      And yet that's what South Dakota wanted, and they just won in court. Which is why it's time for congress to step in.

      usually the sale is complete when the carrier picks up. if lost in transit the claim is with the carrier not the seller. unless, the seller is willing to work with the buyer. what clusterfu*k any state creates is a good reason not to sell to people in that state.

    11. Re:Sellers' state should be the taxed side by ScentCone · · Score: 1

      usually the sale is complete when the carrier picks up

      Depends on whether it's FOB Dest or FOB Origin. Every vendor of every type handles transactions differently. Most CUSTOMERS don't consider the sale to be complete until they have the goods in their hands, and will hold the seller responsible. Any retailer that tells a customer "too bad, that's between you and UPS" will suffer exactly the fate they deserve. It's the SELLER that has the leverage with the carrier, and the experience, and the vested interest in fixing the situation immediately. But from a legal perspective, it's all about whether the terms of the transaction are destination or origin.

      --
      Don't disappoint your bird dog. Go to the range.
    12. Re:Sellers' state should be the taxed side by RespekMyAthorati · · Score: 1

      Do brick & mortar vendors near state lines need to start checking IDs so they can charge the right sales tax to each customer based on their home address? That's where they are "delivering" the items to, right?

      Wrong.

      The store is "delivering" the item to the person who bought it and carried it away from the store, which is, of course, in the store's location.

  16. Re:Complete bullshit by CrimsonAvenger · · Score: 1

    Organizations or individuals who are selling in different tax districts need to collect and pay taxes in those districts.

    So, do German companies need to collect taxes for Idaho sales? How about Australian companies? Indonesian?

    For that matter, should every US company handle sales taxes/VAT/whatever if they sell something to an Indonesian/German/whatever?

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  17. what a screwed up tax system by FudRucker · · Score: 1

    people pay taxes on their income, then they are taxed again when they spend it, and those that have something for sale are taxed too, i think the whole tax system needs to be thrown out because the government is is corrupt and uses taxes like a criminal racket

    --
    Politics is Treachery, Religion is Brainwashing
    1. Re:what a screwed up tax system by ScentCone · · Score: 2

      No, a sales tax isn't on the person selling the item. A sales tax is the state forcing the seller to be a tax collecting agent on behalf of the state (or county, or city, or all of the above). The seller just collects it, reports on it, and passes it along. Of course the seller does have to bear the expense of doing all of that. But it's the BUYER who is actually paying the tax. But only in states where the state decides to generate some of their operating revenue that way, instead of, say, increasing vehicle fees or raising property taxes, or doing something else to raise funds.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re: what a screwed up tax system by Anonymous Coward · · Score: 0

      who said itâ(TM)s the sellers responsibility? i donâ(TM)t live in your silly state. you figure out what you bought and as a good citizen submit your tax to the local authority. go on.

    3. Re: what a screwed up tax system by PPH · · Score: 1

      you figure out

      Do you mean me, the voter? Because now you are sticking every voter with the burden of tracking tax jurisdictions and properly reporting their purchases. I probably shop in a dozen or more different tax jurisdictions regularly. And I wouldn't be happy if this became my responsibility. And my next votes would reflect this situation.

      --
      Have gnu, will travel.
    4. Re: what a screwed up tax system by ScentCone · · Score: 1

      who said it's the sellers responsibility?

      The Supreme Court just said that any state in the union can make it the seller's responsibility. Are you even paying attention to this?

      --
      Don't disappoint your bird dog. Go to the range.
    5. Re: what a screwed up tax system by Anonymous Coward · · Score: 0

      They also said that the specific law was OK because it did not place an undue burden on small businesses.

    6. Re: what a screwed up tax system by ScentCone · · Score: 1

      And did nothing to prevent an avalanche of EXTREMELY burdensome requirements. That will take the legislature, which is where all of this should be handled.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re: what a screwed up tax system by Anonymous Coward · · Score: 0

      Yeah, the seller also pays his taxes: inventory tax. This is one partly why retail shops employ inventory control people: 1 to detect shrinkage (theft, over or under delivery etc) 2, so they know how much to pay the government for the privilege of keeping inventory in the building for which they pay property tax.

      This inventory tax also includes the value on things for which sales tax was paid: retail and office fixtures, furniture, computers, etc.

      We really do have quite a screwed up system.

  18. Re: Complete bullshit by ScentCone · · Score: 1

    No. Wrong. Sales taxes are based on the VALUE OF THE SALE, without any regard to whether the person selling the item was smart enough to make a profit. You're thinking of INCOME taxes, which don't take a piece of the transaction's earnings if it's a loss.

    --
    Don't disappoint your bird dog. Go to the range.
  19. Crush them by ebonum · · Score: 1

    From here, does Amazon actively help search for, turn in and prosecute every little online seller? Breaking tax laws usually results in disproportionately harsh penalties. If you are a few months late on a state's sales tax, a nice deputy of the law will lock your doors.

    At the same time, if you sell everything through Amazon, they will ensure compliance with the 1000's to 10,000's of state sales tax rules and quirks. In some cases, even within the same zip code, you have to know what side of a road someone is on to know the correct state sales tax rules to apply.

    1. Re:Crush them by Anonymous Coward · · Score: 0

      No, Amazon should offer tax collection and payment on behalf of the parties making the transaction as a service to both the vendor and the seller. A buyer chooses and item, Amazon calculates the taxes for the buyer, and collects those taxes on behalf of the seller. Amazon then settles up with the buyer's state for the amount to be taxes. The seller then gets a record of the taxes paid for accounting purposes. If Amazon should be found negligent of paying taxes to any state, then the IRS will first contact the seller to discuss the matter, the seller will then file a complaint or lawsuit against Amazon to have the tax situation settled.

  20. Re:Complete bullshit by Anonymous Coward · · Score: 0

    "But, that's irrelevant. Organizations or individuals who are selling in different tax districts need to collect and pay taxes in those districts."

    So sellers in the states should have to track taxes worldwide in order to pay taxes to those areas in which they are selling to? It seems as if this decision has the unintended consequence of slowing down global trade for smaller businesses. The bigger businesses will have the means to find a way around these taxes while the smaller guy will just have a much smaller market to sell to.

  21. Re:Complete bullshit by DogDude · · Score: 0

    I don't know when I became the arbiter of sales taxes, but if you're asking my opinion, yes, if a foreign entity sells stuff in the US, then yes, they should have to pay the appropriate taxes.

    And yes, if a US company is selling things in foreign companies, they should pay the appropriate local taxes.

    I haven't heard a valid argument otherwise.

    --
    I don't respond to AC's.
  22. Re:Complete bullshit by ScentCone · · Score: 1

    So, eBay is responsible for making sure that it knows that a town in Texas is having a Labor Day no-sales-tax-on-clothes-likely-to-be-bought-for-school event that lets clothing retail customers (and the retailers serving them) off the hook on specific types of merchandise on particular days? Is eBay supposed to be who tells a seller from Boston who's piecemealing out a case of Old Spice that Texas taxes deodorant at 6%, but if it's a deodorant-antiperspirant, the sales tax on that one line item is 0%?

    --
    Don't disappoint your bird dog. Go to the range.
  23. What stops us all from "moving" to Oregon? by junk · · Score: 1

    There are already services that will let you purchase goods through US companies and ship them internationally via a mail forwarder in Oregon, to avoid paying the sales tax. Depending on the jurisdiction, this could be a decent discount. What"s stopping a bunch of these companies from popping up? There's likely a lot of things where this would save money, as long as you don't care about shipping speed.

    1. Re:What stops us all from "moving" to Oregon? by Sqreater · · Score: 1

      The laws have become so complicated and so unknowable in detail that I'd be willing to guess that it is illegal to do that or that they can stretch some rule, regulation, law, or procedure to get that desired result.

      --
      E Proelio Veritas.
  24. Re:Complete bullshit by DogDude · · Score: 2

    That's between eBay and the "seller". I don't know or care how they work it out. Ebay is a massive company with billions in assets. I'm sure they can figure it out. I work for a small brick-and-mortar and ecommerce business and we worked it out pretty easily.

    --
    I don't respond to AC's.
  25. Re:Complete bullshit by Jason1729 · · Score: 1

    For the big companies, it's another expense, a stupid waste of money, but they can afford it. It will be business as usual with the extra overhead (beyond the actual taxes) being passed on to the consumer. No big deal for big players.

    For a little startup doing $1-2 million in online sales, how can they possibly administer the tax rules of so many jurisdictions and then remitting all the money. Every sale will be in a different jurisdiction with its own $100+ of overhead.

    Let's say you want to create an open source hardware project and start selling kits. For every single customer, you have to find the tax rules where they're from, collect and hold the taxes, and at the end of the year remit it to their jurisdiction. It makes it impossible for you to even start.

  26. Re:Complete bullshit by DogDude · · Score: 0

    If you can't figure out how to properly pay taxes, then you don't have a viable business.

    Try going to your local tax office as an individual and say, "I didn't pay my property taxes because I couldn't figure out how to do it." and see how far that gets you.

    --
    I don't respond to AC's.
  27. RIP constitution by Anonymous Coward · · Score: 0

    Nothing in the constitution lets states tax other states.

  28. Re:Complete bullshit by Anonymous Coward · · Score: 0

    Yes. It is eBay's responsibility to ease that portion of e-commerce as a service to its customers and vendors. eBay is in a much better position to do so than individual sellers. If eBay doesn't offer such a service, they will likely go out of business as traffic to their site dwindles.

  29. Even worse than you think... by bradley13 · · Score: 5, Informative

    From what I've been reading, being liable to pay sales tax is even worse than you think. It's not just a matter of keeping track of the 10,000 or so different jurisdictions. It's much worse than that. Here's a quick overview of the issues as I understand them:

    - Every jurisdiction has different rates (a combination of state, country, city, and possible other taxes).

    - Different jurisdictions categorize products differently. Pre-prepped food? Food containing flour? Cloths? Work clothes? Every jurisdiction has an accumulation of exceptions and special considerations, and they are all different. So it's not only the tax rates by jurisdiction, it's the cross-product of the tax rates and the categorization of the particular products that you sell.

    - You can't just send off a random check, and expect it to get cashed. If you are paying sales tax somewhere, you need to register so that they know who is paying them, and why. Of course, once you are registered, you have to file summary reports of how much you paid, for what sales, etc.. This report is typically due monthly, maybe quarterly in some places - and once you are registered, you have to file every period, even if you had no sales in that area. The specific reporting requirements also vary by jurisdiction.

    - Finally, as a registered entity, you may be subject to other taxes and fees in addition to sales tax.

    The court decision will have no immediate effect, but it will eventually lead to a completely untenable situation for all but the largest of businesses. This is a situation that only Congress can resolve: it is precisely interstate commerce, and precisely their responsibility to devise a fair and simple interstate solution. For example: set state-level average sales taxes, with zero variation and zero special categories, and require reporting only for periods where products are actually sold. Let the states distribute the taxes internally, however they see fit. Of course, that won't happen, because Congress is incapable of actually doing its job ("Go do nothing somewhere else"). Watch the lobbying dollars flow...

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Even worse than you think... by DogDude · · Score: 1

      Why do you think that keeping lists of taxable items and jurisdictions is such a difficult task?

      And, why not just use a sales tax service, like TaxCloud to take care of it all for you for $10/month?

      --
      I don't respond to AC's.
    2. Re:Even worse than you think... by tepples · · Score: 1

      Why do you think that keeping lists of taxable items and jurisdictions is such a difficult task?

      If you sell 5,000 distinct products to 5,000 jurisdictions, how much time does it take you to run through the 25 million (product, jurisdiction) tuples?

      And, why not just use a sales tax service, like TaxCloud to take care of it all for you for $10/month?

      Because TaxCloud hasn't been doing enough to make the existence of its service known to the public.

    3. Re:Even worse than you think... by DogDude · · Score: 1

      If you sell 5,000 distinct products to 5,000 jurisdictions, how much time does it take you to run through the 25 million (product, jurisdiction) tuples?

      Probably a few man hours. But if you've got 5000 items that you sell to 5000 jurisdictions, the time should be negligible. It's certainly not impossible.

      Because TaxCloud hasn't been doing enough to make the existence of its service known to the public.

      Huh?

      --
      I don't respond to AC's.
    4. Re:Even worse than you think... by originalGMC · · Score: 1

      And, why not just use a sales tax service, like TaxCloud to take care of it all for you for $10/month?

      Because TaxCloud hasn't been doing enough to make the existence of its service known to the public.

      Would prefer tax-chain instead of tax-cloud, whatever the fuck that is.

    5. Re:Even worse than you think... by raftpeople · · Score: 1

      You realize that this is a problem whose solution has existed for decades, right? Retailers and consumer sales systems (catalog, phone, online, etc.) with nexus in various cities have had this requirement for as long as I've been building systems (early 80's).

      We've used Vertex frequently but there are multiple companies providing services in this area, it's not a new problem.

    6. Re:Even worse than you think... by swillden · · Score: 1

      The court decision will have no immediate effect, but it will eventually lead to a completely untenable situation for all but the largest of businesses.

      More likely, it would just create a new class of service provider that handles the calculation of the correct sales taxes based on location of seller, location of buyer, category of product, phase of the moon, etc. and of paying the right entity with the right documentation. Companies that already have departments to do this will probably spin up a new service business.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:Even worse than you think... by Anonymous Coward · · Score: 0

      Oh so what, because a business is small they shouldn't have to follow the law? software exists to do this already. What will these so-called "small businesses" do if America actually had any descent consumer protection laws like the EU? Will they go up in flames... please.

    8. Re:Even worse than you think... by Anonymous Coward · · Score: 0

      Computers and databases make calculating the tax somewhat easy. However, the remittance of tax is a physical process involving much bureaucracy.

      It appears many responding to this thread have never operated a business that collected sales tax, because anyone who has knows that remittance is a hassle. Imagine having to do so for multiple jurisdictions.

      Also, as already pointed out, it's not once and done. In many instances, once one registers to collect sales tax, subsequent filings, even if no sales occurred, is expected. Process of filing and payment method isn't uniform. It's a mess. Amazon has the resources to comply, but most small businesses that ship far and wide don't. This is a prime example of regulatory capture.

    9. Re:Even worse than you think... by John_Sauter · · Score: 1

      Another dimension on the problem is time. Some places have "tax holidays" when they don't tax certain items.

    10. Re:Even worse than you think... by Anonymous Coward · · Score: 0

      Keeping track of product categories for millions of different products for thousands of jurisdictions is not a piece of cake... You have no idea.

    11. Re:Even worse than you think... by LynnwoodRooster · · Score: 1

      And then think of the windfall to California! California requires a minimum $800 for the right to sell within the State. Even if you have zero sales, and are an inactive (but not closed) entity, you MUST pay at least $800 per year. Now, suddenly every business shipping anything to the State of California will need to pay California that minimum amount. With around 28 million small businesses in the US, if just 10% of them have out-of-State sales, then California can expect to make around $2.4 billion per year, minimum...

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    12. Re:Even worse than you think... by LynnwoodRooster · · Score: 1

      Just read section 5 of TaxCloud's terms of service. The merchant assumes 100% liability for any errors or omissions on TaxCloud's part. So if TaxCloud gets it wrong - the merchant, not TaxCloud, is on the hook with the State. They may charge you for it and make it easier, but you still end up taking it in the shorts if they screw up.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    13. Re:Even worse than you think... by tepples · · Score: 1

      You realize that this is a problem whose solution has existed for decades, right? Retailers and consumer sales systems (catalog, phone, online, etc.) with nexus in various cities have had this requirement for as long as I've been building systems (early 80's).

      The difference is that this ruling gives an online seller the equivalent of nexus in every single state, county, city, and sub-city jurisdiction to which the seller offers to ship.

    14. Re: Even worse than you think... by Anonymous Coward · · Score: 0

      If you sell 5,000 distinct products to 5,000 jurisdictions, how much time does it take you to run through the 25 million (product, jurisdiction) tuples.

      Zero. I have a computer for that. It does more work encrypting the credit card info.

    15. Re: Even worse than you think... by Anonymous Coward · · Score: 0

      LOL. You are lying again. We know it's you dogdude. The only person in this thread who says "it's easy, anyone can do it"

    16. Re: Even worse than you think... by Anonymous Coward · · Score: 0

      And then imagine if Alabama passed a law prohibiting marriages recognized in California from being acknowledged!

      Oh wait, the one was real, yours is just a spurious claim of some phantom that isn't actually validated by the text of this decision.

    17. Re: Even worse than you think... by Anonymous Coward · · Score: 0

      I don't know, their paid shill DogDude has been pretty active in this thread...

    18. Re:Even worse than you think... by theCoder · · Score: 1

      You're right that Congress should act and that it probably won't. But they don't have to do much. Simply create a law that says that any transaction that takes place where the seller and buyer are in different jurisdictions is governed by the taxing regulations of the seller. Then all the sellers on the Internet will have to collect sales tax, but only for one jurisdiction -- their own.

      Yes, places like South Dakota will be upset because they probably have more buyers than sellers, but it's the solution that makes the most sense. It also follows real world analogies. For example, there is a shopping area near me that is a special taxing district that has a slightly higher sales tax rate to help pay for its development. They don't care that I'm going to "ship" anything I buy there somewhere that doesn't have that higher rate (my house). The transaction took place at the vendor's location, not where the item is shipped.

      Just enshrine that in Federal law and be done with it.

      --
      "Save the whales, feed the hungry, free the mallocs" -- author unknown
    19. Re:Even worse than you think... by drinkypoo · · Score: 1

      Here's a solution to fix this problem that would be fair and thus will not be implemented: each state maintains a tax rate server and each authority which wants to collect taxes presents their data to the state. Then you present the server with an amount, an address, and sufficient information to calculate taxes. If the state can't tell you how much the taxes are, they shouldn't be allowed to collect them. Requiring people to be experts on the tax rates of foreign states is harmful to interstate commerce.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:Even worse than you think... by Anonymous Coward · · Score: 0

      From the ruling

      New Jersey knitters pay sales tax on yarn purchased for art projects, but not on yarn earmarked for sweaters.

      Texas taxes sales of plain deodorant at 6.25 percent but imposes no tax on deodorant with antiperspirant.

      Illinois categorizes Twix and Snickers bars—chocolate-and-caramel confections usually displayed side-by-side in
      the candy aisle—as food and candy, respectively (Twix have flour; Snickers don’t), and taxes them differently.

      People choose states to found a business precisely so they don't have to deal with nonsense such as this.

      And, why not just use a sales tax service, like TaxCloud to take care of it all for you for $10/month?

      Your proposing crony capitalism?

    21. Re:Even worse than you think... by Reziac · · Score: 1

      Further, some jurisdictions have sales tax on services, and which services are taxable varies wildly. Charged someone a few bucks to fix their website? you may have to collect and remit sales tax on that.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    22. Re:Even worse than you think... by Agripa · · Score: 1

      Why do you think that keeping lists of taxable items and jurisdictions is such a difficult task?

      Because even the government taxing authorities cannot do it correctly. But when they screw up, it is citizens who go to jail.

    23. Re:Even worse than you think... by Anonymous Coward · · Score: 0

      You do realize Snickers and Skittles can be taxed differently in the same region? Meaning to tax things properly sellers will need to send the address and what specifically was purchased to the sales tax service. Meaning every individual item you buy online will be data mined and directly linked to your profile and history tells us these types of services aren't going to care if their data about you is very secured.

      Be prepared to get a lot more snail mail ads. Anytime you buy something over $100 you'll get someone trying to sell you a 3rd party warranty for it.

  30. Re: Complete bullshit by Anonymous Coward · · Score: 0

    CAPITAL GAINS taxes, not INCOME taxes. CAPITAL GAINS taxes are also based on the VALUE OF THE SALE, but are paid by the seller in their own state, not the buyer in the buyer's state.

  31. Re:Complete bullshit by Anonymous Coward · · Score: 0

    It seems as if this decision has the unintended consequence of slowing down global trade for smaller businesses. The bigger businesses will have the means to find a way around these taxes while the smaller guy will just have a much smaller market to sell to.

    Yes, of course it will impact small online sellers.

    That's the entire point.

    There are far too many tiny 1-man "businesses" in the US. These small entities are hard to regulate and monitor for compliance to laws, regulations, and taxes. They have become a way for individuals to avoid getting a job, paying taxes, and complying with the law and paying all taxes due. Large firms also suffer from labor shortages and wage inflation because these 'small internet business' operators stay out of the labor pool thus limiting it's size.

    Creating a business should take a serious investment in capital, not just 5 minutes registering for an Ebay/Amazon account. Those are not businesses, they're tax & regulation-avoidance schemes for greedy individuals. Sellers on the internet should be required to estimate their tax liability for the next quarter and place that amount in a tax-escrow account.

  32. the rich get tax breaks by Anonymous Coward · · Score: 0

    Screw the little guy...

    1. Re: the rich get tax breaks by Anonymous Coward · · Score: 0

      This has nothing to do with the little guy. Most states have a min taxable income or min transactions. Iirc SD or some shit state it's 200 transactions, if you have 200 transactions on your "business" then you need to be paying taxes. It's that simple. If your shitty business cannot afford that, then you need to try something new or get a real job.

    2. Re: the rich get tax breaks by Anonymous Coward · · Score: 0

      Dogdude just post with your name. We know it's you asshole.

  33. Re:Sounds like a new cottage industry will be born by alvinrod · · Score: 3, Insightful

    Even more so if you start needing to account for how different states and municipalities apply taxes differently. One state might apply sales tax to clothing, but not food items and another the exact opposite. Some cities may levy additional sales taxes in general or on specific products to fund the local government or some particular project. Throw in occasional tax moratoriums that crop up from time to time and it's an absolute mess.

    If we're going to start asking for out of state businesses to collect taxes, the government needs to construct a system to help facilitate this as the burden it places on any business, even large ones is unnecessarily prohibitive. It's impractical, or perhaps even impossible, for someone like Amazon to get it right. At present the onus to report and pay this tax (assuming the state has a use tax, which most do in some form or another) is on the individuals who are making out of state purchases, but this is as much of a pain and half of the reason someone likely purchased online was lower cost, in part due to taxes.

    Imagine a service available for free to any U.S. retailer where they simply feed the shipping address into the service along with a description of the product and it produces a total tax amount, an itemized description of all taxes being applied that can be given to the customer, and information regarding where the collected taxes should be sent. There may be some privacy concerns, but I see no reason why this service couldn't be run locally on a merchant's system and periodically pull updates from a central location.

    I understand that this is not small undertaking and that there are plenty of details wherein devils may lie, but I think it might correct a certain amount of dysfunction in local governments. People who have the ability to do much of their shopping online at out of state locations won't feel as badly as voting to raise local sales taxes that aren't going to affect them as much as it does poorer people who aren't shopping online at the same rate. When the ability to avoid those taxes is removed, I suspect that they'll be more careful in their choices to enact new taxes.

  34. Sales Tax is bad by rossdee · · Score: 2

    Income tax is much fairer - the rich pay a higher rate.

    The only sales that should be taxed are tobacco and other smokes, and motor fuels (to pay for roads and bridges etc)

    1. Re:Sales Tax is bad by Anonymous Coward · · Score: 0

      What about alcohol? Alcohol causes far more damage to society than tobacco or other smokes.

    2. Re:Sales Tax is bad by PPH · · Score: 1

      and motor fuels (to pay for roads and bridges etc)

      Then electric cars, bicycles and pedestrians can stay off the roads that I pay for.

      --
      Have gnu, will travel.
    3. Re: Sales Tax is bad by WindBourne · · Score: 1

      How about distributing the load? That is the fairest. Iow both sales and income.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    4. Re:Sales Tax is bad by Anonymous Coward · · Score: 0

      "Income tax is much fairer - the rich hide larger amounts in offshore banks."

      There, fixed that for you.

    5. Re:Sales Tax is bad by Anonymous Coward · · Score: 0

      Those bicyclists and pedestrians are really the cause of potholes, not heavier vehicles...

    6. Re:Sales Tax is bad by Anonymous Coward · · Score: 0

      Sales tax is the fairest because it is a use or consumption tax. Replacing the current US income tax with a national sales tax would be incredible. No more april 15th and all of the related tax code hassles. The current US income tax code is so convoluted and corrupt that it's become a jobs programs HR Block and other personal tax companies.

      To ease the effect on the poor every citizen would receive a monthly check for the same amount for the estimated monthly sales taxes paid by someone at the poverty line.

    7. Re:Sales Tax is bad by originalGMC · · Score: 1

      and motor fuels (to pay for roads and bridges etc)

      Then electric cars, bicycles and pedestrians can stay off the roads that I pay for.

      Ah yes, the 'he's got his and i've got mine' argument. Your measly little $0.30 cent tax contribution entitles you and your ilk to completely claim a public thoroughfare. Fuck those environmentalists. Run them the fuck over! It's not like THEY have a big truck.

    8. Re: Sales Tax is bad by originalGMC · · Score: 1

      How about distributing the load? That is the fairest. Iow both sales and income.

      how about neither and add a poll tax? Worked for the emperor of the galactic empire.

    9. Re:Sales Tax is bad by PPH · · Score: 1

      Your measly little $0.30 cent tax contribution

      44.5 cents per gallon. Unless you buy gas on the indian reservation.

      --
      Have gnu, will travel.
    10. Re: Sales Tax is bad by Anonymous Coward · · Score: 0

      Just add a VAT and be done with it.

    11. Re:Sales Tax is bad by Zontar+The+Mindless · · Score: 1

      Sales tax is the fairest...

      Wrong. Sales/use taxes are actually regressive in nature. (The lower your income, the greater the proportion of it you pay in such taxes.)

      --
      Il n'y a pas de Planet B.
    12. Re:Sales Tax is bad by Anonymous Coward · · Score: 0

      Yeah, but sales taxes take their cut where actual profit is being made, and productive business is being done.

      If states got all its revenues from sales taxes, they would have a strong incentive to encourage business.

      Respect to your UID!

    13. Re:Sales Tax is bad by Ichijo · · Score: 1

      In my area, pedestrians walk on the sidewalk, not in the road. And once drivers pay 100% of the cost of the roads instead of less than half like they do today, then we can think about how to charge bicyclists. Perhaps through a tire tax?

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    14. Re:Sales Tax is bad by redlemming · · Score: 1

      Sales tax is the fairest because it is a use or consumption tax. Replacing the current US income tax with a national sales tax would be incredible. No more april 15th and all of the related tax code hassles. The current US income tax code is so convoluted and corrupt that it's become a jobs programs HR Block and other personal tax companies.

      To ease the effect on the poor every citizen would receive a monthly check for the same amount for the estimated monthly sales taxes paid by someone at the poverty line.

      That's a common myth.

      Sales tax is not even remotely fair. You can't simply issue a check to compensate the poor, because the cost of living differs enormously from place to place.

      You could to try to force poor people to relocate so they live far from their jobs and have a really bad commute, to put them in a place with a lower cost of living, but that doesn't seem fair. The Communists in the Soviet Union enforced mass migrations for their convenience, but that somehow doesn't seem appropriate for the USA.

      Unfortunately, a sales tax strongly compounds across the logistics chains needed to produce goods and services - even though the tax isn't necessarily being applied at every step. A VAT is applied at every step, a US-style sales tax is theoretically not applied directly at every step - but in practice (in the real world) there are still effects that apply at every step (or every node in the logistics chain).

      Tax fuel, for example, and you increase the costs of transportation for nodes in the logistics chains that produce food. Costs go up both for directly shipping the food (not to mention the raw materials used to make the food), and for the labour needed to run the trucks and the warehouses and factories that produce the food.

      The net effect is you raise the cost of getting food to stores - so now the poor have to pay more for food. You can't simply avoid the effects, since everybody needs food. Also everybody else has to pay more to support the welfare system - and since you're funding government with a regressive tax, it means the middle class is bearing most of the new tax burden.

      It's not just fuel. The modern world is complex. There are a lot of goods and services that businesses need to operate. Tax any of these, and the costs ripple through the logistics chains to all businesses downstream. This is similar to how compound interest works.

      Some states try to deal with this by having very complex regulations that let businesses theoretically not pay the sales tax (in principle only the end consumer does). In practice, that ends up getting very complicated and it doesn't work well, plus it adds a lot of overhead (and since natural language is ambiguous, human beings have to make a lot of judgement calls - it's not something you can just automate with a computer). The net effect is that these systems still ends up raising costs for everybody - and they do it in way that is especially harmful to small businesses.

      As state and local tax codes have gotten more and more complicated over the years, and also more regressive, we've seen a decline in small business in the USA, a fact which has lots of negative economic implications for society as a whole - including the loss of many job opportunities for the poor.

      The impact of a progressive income tax is far lower on society than a sales tax. It still has some effect on logistics chains, but it is much smaller and weaker because the differences end up being basically a rounding error in the incomes of the rich, thus affecting only a few people, while a sales tax affects everything and everybody.

      In effect, a sales tax is a tax break for the rich: every dollar in a government's budget that comes from a regressive tax is a dollar that doesn't come from a progressive tax.

      You could, of course, go the EU route and have endless rules concerning when the taxes are applied and who is affected to try to mitigate the damage the taxes do - but that too has

  35. Re:Sounds like a new cottage industry will be born by DogDude · · Score: 2, Insightful

    It's impractical, or perhaps even impossible, for someone like Amazon to get it right

    Why do you say this? You think that the largest retailer on the planet can sell (tens of? hundreds of ?) millions of different items, but can't keep track of a few thousand tax codes? That doesn't seem to make any sense.

    --
    I don't respond to AC's.
  36. Re:Complete bullshit by Anonymous Coward · · Score: 0

    What I really don't understand is how these online market places wouldn't take the responsiblity for taking care of tax code based on whatever address the seller inputs.

    Amazon already has to deal with taxing so many places, and there are softwares out there to take care of this. Part of amazon's cut for selling stuff on their site (or etsy or any of those sites) is supposed to take care of things like this.

  37. Re:Complete bullshit by Anonymous Coward · · Score: 0

    It's awesome that you are rich enough to own hundreds of homes in hundreds of different jurisdictions - oh wait, usually most people only have to worry about paying property tax to one jurisdiction once a year - which is usually straightforward (and, duh, you should pay it). Each state tends to have different requirements for calculating, holding and remitting sales tax - some may require you to pay a deposit (my home state does in some cases http://docs.legis.wisconsin.gov/code/admin_code/tax/11/X/925 ) - it is non-trivial and has a cost in time and money to follow these rules to the letter. And yes there are companies that for a fee (they're not charities) to help do this for you, but ultimately you are still doing to do additional paperwork and depending on the taxing authority to be straightforward in it's requirements (which may not always be the case). What would help is a uniform states sales tax act (we have a bunch of others see https://en.wikipedia.org/wiki/List_of_Uniform_Acts_(United_States) ) to help smaller business do this. I do believe that all business should be subject to sales tax, but if you make it more difficult for smaller businesses, you will see some go away (why deal with the paperwork, costs and audit liability, especially for sole proprietors) and others restrict where they sell - in the long run, I believe a net loss for everyone.

  38. Just another step by Sqreater · · Score: 1

    The decision requiring taxation of internet sales is just another step in the direction of the coming complexity collapse. You just cannot keep doing good-sounding things that layer on more and more complexity without knowing that sooner or later things must start to unravel.

    --
    E Proelio Veritas.
  39. Not difficult by sphealey · · Score: 1

    = = = The Verge writes that "the case may be litigated for years to come to figure out how to account for the over 10,000 state jurisdictions that govern sales tax across the country. = = =

    You subscribe to a service that takes the 9-digit zipcode and the Dept of Commerce product classification and returns the appropriate tax amount. Such services are available as single-transaction web pages up to 1,000,000 transaction/hour back end services. At the end of the quarter the service provides you with a list of what counties and how much tax to remit (sales taxes, including state sales tax where applicable, are typically collected at the county level and redistributed). It is part of doing business if you are selling stuff.

    I see no reason why an online "entrepreneur" should not have to pay sales tax the same as a gal who sets up a food truck that drives around a county selling hotdogs.

    1. Re:Not difficult by Anonymous Coward · · Score: 0

      The real issue is the fact that so many jurisdictions have arbitrary exclusions about what is taxed and what isn't.

      Just one example is around Chicago, candy is taxed, but Snickers bars are excluded because they contain flour.

      It does remain though that ultimately this is one state insisting it has the right to impose its laws on residents of another state. That opens the door to something like AL decides it doesn't like CO legalizing pot, so they require that CO pot retailers must report purchases by any AL residents who travel to CO.

      Put another way, what if the UK said that anyone selling to a UK resident must collect and remit their VAT?

    2. Re: Not difficult by WindBourne · · Score: 1

      Way too difficult. Better to have a single tax rate for everything that shipping company collect.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    3. Re:Not difficult by Anonymous Coward · · Score: 0

      Zip+4 would be sufficient most of the time, but not always. The +4 part, which often includes multiple individual addresses, may span across taxing jurisdictions. The house number is needed to narrow down location even further. To be fair, Zip+4 is likely good enough for low-volume sellers.

      The bigger issue so many are missing is the process of remitting sales tax is extraordinary complex. Furthermore, for many jurisdictions, once one registers to collect sales tax, subsequent filings will often be expected (often quarterly), even if there were no sales jurisdiction during that time.

      On a related note, this situation is a prime example of regulatory capture. Amazon and the like benefit, since they can afford to comply. In contrast, smaller businesses will be faced with the onerous task of collecting and remitting sales tax to numerous jurisdictions with extremely limited resources, including time.

    4. Re:Not difficult by l0n3s0m3phr34k · · Score: 1

      Do they also registered you for your state sales tax permit? Can you provide some actual names / url of these sites?

    5. Re:Not difficult by sphealey · · Score: 1

      I'd be happy to help:

      http://lmgtfy.com/?q=sales+tax...

    6. Re: Not difficult by Anonymous Coward · · Score: 0

      You didn't answer any of his questions and your google search didn't either.

      Thanks but no thanks dick head. Another pro government taxing shill providing nothing of substance other then "it's easy, anyone can do it"

    7. Re:Not difficult by Anonymous Coward · · Score: 0

      A simple example that doesn't work with your solution: creating web pages in my state is considered programming. Programming is taxable. Saving a document from Word as a web page is taxable. Saving it as a Word document is not. Yes, it's that fucked up. When I pointed that out to one of the tax people, they just shrugged, and said that's what the law is.

    8. Re:Not difficult by iggymanz · · Score: 1

      it's expensive and also complicated to deal with that generated list.

      and yes I know all about it in excrutiating detail from dealing with taxware by Sovos Compliance (formerly Taxware LLC)

  40. Re: Screw 'em by Anonymous Coward · · Score: 1

    why should i as an individual care what your stateâ(TM)s taxes are? Whereâ(TM)s my right not to sell into your silly state? Can i have a program that will calculate if i want to sell to you?

  41. Re:Complete bullshit by alvinrod · · Score: 1

    I believe that in the recent supreme court ruling, they point to a necessity to have limitations put in place specifically for small businesses such that they don't need to collect tax as long as they are only doing a small amount of business. This is precisely for the reasons that you point out.

    However, this has at least two major problems. The first is that if you set this as a specific dollar amount, it will not track with inflation and given enough time it will result in a box of paper clips requiring taxes being collected. Of course the law can always be amended in the future to adjust the limits, but these eventually soak up a good deal of Congress's time (perhaps not a bad thing) as they're constantly arguing over and adjusting the thresholds for these types of laws.

    The second is that much like many forms of welfare payments where a person stops receiving the payment if they get a job and start supporting themselves. There's not a lot of incentive to get a job that will pay $400 a month if it means your welfare check will be $400 less. Similarly, you incentivize a business to stop doing business when it approaches that threshold as long as the cost to do more business suddenly becomes prohibitively expensive past a certain point.

    I'm not convinced that this is an unsolvable problem though. Imagine a system that performed all of the tax calculations for a business (based on where the customers lives or is shipping products to) and itemizes everything nicely for them. Every month, they send one check to the federal government (or whomever is running the service) that can aggregate the payments from every other business and send a single payment to the various state, county, and city governments that have laws concerning sales taxes. It's not just a pain for hundreds of thousands of businesses to process dozens of different payments to various states, but also for states to have to accept hundreds of thousands of very small payments for which the accounting of and the transaction fees associated with will quickly destroy.

  42. Re:Complete bullshit by tepples · · Score: 1

    What mechanism do you propose to make it practical for a business with less than a million dollars of annual turnover to calculate and remit the correct sales or use tax for every city in the world?

  43. Re:Complete bullshit by tepples · · Score: 2

    Large firms also suffer from labor shortages

    I disagree. A lot of people go into this sort of self-employment because several employers in a row have "gone with another candidate."

  44. Re: Complete bullshit by Anonymous Coward · · Score: 0

    taxes are the responsibility of the person who buys the product. thatâ(TM)s already on the books. feel free to submit your tax to the local authority.

  45. Re:Complete bullshit by ScentCone · · Score: 1, Troll

    I work for a small brick-and-mortar and ecommerce business and we worked it out pretty easily.

    You "worked out" collecting, tracking, reporting on and remitting sales and use taxes to over 10,000 different jurisdictions all around the country? You've got all of their biweekly, monthly, quarterly, and annual reporting and remittance schedules tracked, know which ones require you to cut checks or file electronically through each of their separate portals? How many hours a day does that take, out of curiosity? And how do you discover when one incorporated town in Mississippi has suddenly decided that one particular product has just shifted from being a food item with no tax to a luxury item at a special rate? How are you dealing with the people who claim to be sales tax exempt in each of those cities, counties, and states - do you have a way to verify the authenticity of their claims and the paperwork they present? Do you get copies of their photo IDs as some of those jurisdictions require? Man, you are REALLY ahead of the game, here.

    --
    Don't disappoint your bird dog. Go to the range.
  46. Re: Complete bullshit by tepples · · Score: 1

    In the case of resale of used goods, I thought the tax was already paid when the product was sold new.

  47. Re: Complete bullshit by ScentCone · · Score: 1

    CAPITAL GAINS taxes, not INCOME taxes.

    It depends on how you came by the item, and how you sell it.

    --
    Don't disappoint your bird dog. Go to the range.
  48. Re:Complete bullshit by tepples · · Score: 1

    Does your "small brick-and-mortar and ecommerce business" ship internationally? If so, what goods are taxable when sold to a customer in (say) Condom-en-Armagnac, Gers, France?

  49. Re:Complete bullshit by Solandri · · Score: 1

    eBay, etsy, and Amazon can have millions of items for sale, and millions of customers, but can't keep track of a few thousand tax jurisdictions? That's bullshit.

    It's not that simple. It's about 12,000 tax jurisdiction (many of them overlapping), each with different tax rates and items which are and aren't taxed. So the end result is a huge database of 12,000 * 3 possible overlaps (city, county, state) * millions of items = on the order of a hundred billion possible tax combinations. (It's not a true combination permutation because of the geographic limitations of the overlaps, and no they don't always align with zip codes.)

    There are plenty of services that do it already. We like Taxcloud.com. A quick Google pulls up quite a few more.

    While there are a lot of services which collect and provide tax rate information for every jurisdiction, Taxcloud is the only one which will indemnify the merchant against errors. With the other services, if they screw up and give the merchant wrong info, the merchant has to pay for any shortfall in taxes collected. (Some of the pay services will indemnify, but only for a limited amount.)

    Taxcloud is set up by the states, and will indemnify the merchant in certain states. The Federal government really needs to step up and require all tax jurisdictions to participate and indemnify merchants against errors in the Taxcloud database. That way Taxcloud ends up as a central repository. A tax jurisdiction reports its taxes to Taxcloud, and a merchant looks up the taxes on Taxcloud. If Taxcloud has a wrong tax rate, then it's the fault of the taxing jurisdiction (reported the wrong rate to Taxcloud) and the merchant is indemnified. If Taxcloud has the correct rate but the merchant read it wrong, then it's the merchant who's at fault and they're liable for uncollected taxes.

    By all rights, compilation of tax jurisdiction rates is an industry which shouldn't exist. The whole point of government is to eliminate wasteful redundancies like this. But they've failed to set up a central tax rate database, which has resulted in a lot of unnecessary duplicated work in the private sector by companies establishing their own rate databases. That's why they're calling on Congress to clean up this mess. It's like if the IRS published different tax forms on paper only in different areas of the country, and relied on private companies to collect all those different forms and make them available to all taxpayers across the country. It's just simpler, more reliable, and cheaper if the IRS makes all the forms available directly.

  50. 10% collected by shipping cmpny by WindBourne · · Score: 1

    Seriously, the only way to do this is to have a single easy rate, such as 10%, applied to any retail that moves over a border , and have the shipping company collect it. Then 9% ( or 9.5 ) is turned over to the feds who then gives 8-9.5% to the end state. At that point, the end state has to decide how to split it out. This is a simple approach that is manageable by retailers and shipping companies.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:10% collected by shipping cmpny by PPH · · Score: 1

      Sounds simple enough. But the state and local governments will scream. Because it removes one of their primary means of social engineering by maintaining multiple tax categories. It's not just that they were losing money on Internet sales. They can't impose different tax rates for food, medical products, soft drinks, ammunition, etc. And some of them would rather starve than give up the ability to micromanage your life.

      --
      Have gnu, will travel.
    2. Re:10% collected by shipping cmpny by John_Sauter · · Score: 1

      Even simpler, Congress can decide that the States cannot tax goods moviing between States, as that is a burden on interstate commerce. Set the single easy rate to 0%.

    3. Re: 10% collected by shipping cmpny by WindBourne · · Score: 1

      Which is foolish. Local gov need taxes esp sales taxes. In addition, this levels the playing field between brick and online, esp for coming from overseas.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    4. Re: 10% collected by shipping cmpny by John_Sauter · · Score: 1

      Local government doesn't need sales taxes. I live in New Hampshire, which doesn't have a general sales tax, and the same is true in Oregon and (I think) Montana. The simplest way to "level the playing field" between brick and online (including overseas) is to abolish the sales tax. That also eliminates the overhead caused by having to track the amount and remit the payments.

    5. Re:10% collected by shipping cmpny by Anonymous Coward · · Score: 0

      And then every state will increase income and property taxes to compensate. Eliminating one tax does not eliminate the need to raise revenue. Teachers and police officers aren't free.

    6. Re:10% collected by shipping cmpny by John_Sauter · · Score: 1

      And then every state will increase income and property taxes to compensate. Eliminating one tax does not eliminate the need to raise revenue. Teachers and police officers aren't free.

      Not completely true. New Hampshire does not have a general sales tax and does not tax wages. New Hampshire does have high property taxes, which pays for teachers, police officers and local road maintenance.

    7. Re: 10% collected by shipping cmpny by WindBourne · · Score: 1

      there are only 5 states or 1/10 of the states that do not have sales tax.
      If your state does not want it, fine. The tax can remain with the feds and be used to pay down the GOP's debts

      --
      I prefer the "u" in honour as it seems to be missing these days.
    8. Re:10% collected by shipping cmpny by WindBourne · · Score: 1

      and at over 2%, you are 3rd highest. Most American citizens would scream bloody murder for such outrageous rates.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    9. Re:10% collected by shipping cmpny by John_Sauter · · Score: 1

      and at over 2%, you are 3rd highest. Most American citizens would scream bloody murder for such outrageous rates.

      There is plenty of unhappiness about the high property tax rate. One suggestion for reducing property taxes was the imposition of a "broad-based" tax. That solution was rejected by the New Hampshire legislature. I get the impression that nobody trusts the State to actually lower property tax rates even after they get their hands on an additional source of revenue.

      The biggest contributor to property tax rates is the cost of local schools. Having the costs be visible and local probably helps to prevent the unhappiness from climbing to the "scream bloody murder" level.

    10. Re: 10% collected by shipping cmpny by John_Sauter · · Score: 1

      there are only 5 states or 1/10 of the states that do not have sales tax. If your state does not want it, fine. The tax can remain with the feds and be used to pay down the GOP's debts

      So you are proposing a federal sales tax, which is remitted to the states. How long do you think it will be before the remittance rate decreases to 0, and it becomes just a federal sales tax?

    11. Re:10% collected by shipping cmpny by ZenShadow · · Score: 1

      I have no problem with that. There are so many varying taxes rolled into every little thing we pay money for that it takes a shocking level of record keeping, attention to detail, and research to determine what our overall individual tax rate actually is.

      That's why they do it this way. If people truly understood just how much money we're giving away to the government, they would be screaming bloody murder.

      --
      -- sigs cause cancer.
  51. Collecting the tax is not the problem by Applehu+Akbar · · Score: 1

    Simple software already exists for computing sales tax due in each zipcode. What everyone is afraid of is not collecting the tax, but the complexity of submitting the renevue to each state. States will be forced to come up with a simplified signup scheme, now that all these fistfuls of money are about to be thrust upon them. Because it means getting proffered money faster, simple signup will be magically accomplished in a twinkling.

    1. Re:Collecting the tax is not the problem by Anonymous Coward · · Score: 0

      Your simple software provides only a simple solution. It does not take into account all of the different classifications of products. It doesn't take into account different tax rates depending on who's buying the product and things like where the product may be used or installed. All of these exceptions/rules exist in my state.

    2. Re:Collecting the tax is not the problem by Agripa · · Score: 1

      Simple software already exists for computing sales tax due in each zipcode.

      Tax jurisdictions are not delimited by zipcodes.

    3. Re:Collecting the tax is not the problem by Applehu+Akbar · · Score: 1

      Jurisdictions that have bizarre product classification rules can simply be Xed out in the zipcode database. As soon as complaints from consumers about about "Can't ship to my address" start hitting county boards and city councils, watch the weird rules melt away.

  52. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 2, Informative

    Use taxes are calculated and paid by the buyer. Sales taxes are calculated by the seller, paid by the buyer, collected by the seller and remitted to the state. The problem is that brick and mortar companies only need to know the sales tax rules in the community their building is in. An online business now potentially needs to know tax rules for thousands of jurisdictions.

    It is onerous.

  53. This is stupid by cciechad · · Score: 1

    If they want to charge tax on the internet. Then just come up with a single standard tax across all 50 states(say 2%). Having to figure out 2000+ sets of complicated rules is just crazy. Make it payable to the states so no one has to figure out any local tax BS.

    --
    https://www.fsf.org/associate/support_freedom
    1. Re:This is stupid by John_Sauter · · Score: 1

      How about not charging tax on interstate sales?

    2. Re:This is stupid by cciechad · · Score: 1

      That would work too but I don't see those greedy bastards going that way. At least with my solution it would be simple and have a very low compliance cost to businesses.

      --
      https://www.fsf.org/associate/support_freedom
    3. Re:This is stupid by bill_mcgonigle · · Score: 1

      So if I'm in New Hampshire, a state with no sales tax, and I mail a package to somebody in Oregon, a state with no sales tax, you want me to pay a 2% tax to the feds? Because other stupid States can't seem to control their spending? That's not how federalism works.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    4. Re:This is stupid by cciechad · · Score: 1

      I'd agree but Federalism is already messed up as the feds just take money from states like mine in the NE and give it to states in the south so if anything this is at-least more fair than that as its at-least based on something then certain regions supporting others with little reasoning. This would actually go where the product does. I'm not saying my idea is perfect but it will probably be better than what the government comes up with. I'd prefer the SC had decided that it was like it was in the old days. I.e. no point of presence in the logicality then no responsibility to collect.

      --
      https://www.fsf.org/associate/support_freedom
  54. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 0

    Wait, you do realize it is not the seller who has to pay more taxes right? It is the buyer. The buyer gives the sales tax to the seller who then gives it to the state. Sellers are not complaining about having to pay. They are complaining about having to track sales tax rules across thousands of jurisdictions so they can calculate, collect, report and remit the correct amount on the right forms, etc.

    The Supreme Court created a MESS.

  55. Re: Screw 'em by Anonymous Coward · · Score: 0

    why should i as an individual care what your stateÃ(TM)s taxes are?

    Why should anybody care what you care about?

    WhereÃ(TM)s my right not to sell into your silly state?

    Um, in your business operations manual?

    Can i have a program that will calculate if i want to sell to you?

    I'll license it to you for 10,000 dollars.

  56. Re:Complete bullshit by Anonymous Coward · · Score: 0

    Property tax is completely different. They send you a single bill and you pay it to a single place. Its simple. Sales tax they expect you to magically know what to pay them(all 2000+ of them).

  57. Re: Complete bullshit by tsqr · · Score: 1

    In the case of resale of used goods, I thought the tax was already paid when the product was sold new.

    Think again. Buy a used car from a dealership, pay sales tax. Buy a used car from a private party, pay a use tax. Buy a piece of used furniture from an antique store, pay sales tax. Buy anything at a Salvation Army or Goodwill store, pay sales tax.

  58. Re:Sounds like a new cottage industry will be born by riverat1 · · Score: 4, Informative

    Imagine a service available for free to any U.S. retailer where they simply feed the shipping address into the service along with a description of the product and it produces a total tax amount, an itemized description of all taxes being applied that can be given to the customer, and information regarding where the collected taxes should be sent. There may be some privacy concerns, but I see no reason why this service couldn't be run locally on a merchant's system and periodically pull updates from a central location.

    I've felt for a long time that the various sales taxing authorities should do something like this. Get together and create a nationwide online sales tax clearinghouse where you feed it the necessary information and it calculates the taxes owed. Then the vendor collects the tax and forwards it to the clearinghouse which takes care of distributing it to the various taxing districts. It would be paid for by using a small percentage of the taxes paid to run the system. That makes it simple for the vendor and the taxing districts are responsible for keeping the clearinghouse updated with their changes. The current system is an unfair competitive advantage to online vendors.

  59. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0, Informative

    These are state sales taxes being applied to interstate commerce. It's the reason why sales taxes have never been applied to out-of-state catalog sales. Your inflammatory rhetoric is just that.

    Sorry, almost every state has a USE tax, that is the same amount as the sales tax. Under said laws the purchaser is responsible for paying the USE tax when the sell doesn't collect the sales tax.

    Problem is that most people either don't know about it or simply ignore it feeling that they are too small for the state to come after.

  60. Re:Complete bullshit by riverat1 · · Score: 1

    I would propose an online clearinghouse funded by the taxing districts that after you give it the information it needs calculates the taxes owed. Then the vendor collects the tax and forwards it to the clearinghouse which takes care of distributing it to the various taxing districts.

  61. Re:Complete bullshit by DogDude · · Score: 1

    No, we don't ship internationally. It's too complicated.

    --
    I don't respond to AC's.
  62. Re:Sounds like a new cottage industry will be born by l0n3s0m3phr34k · · Score: 2, Insightful

    At the moment, I agree, it is impossible. All those items they track are forced to comply with a very strict, standardized API to interact with the Amazon Marketplace. The "tax code" across the US is nothing like this. Each town can have a sales tax. Each county can have a sales tax. Each state has a sales tax. Many publish their tax rates in PDF format, and they all vary widely in how they present data inside those PDFs. Those PDFs are on various websites, and a corporation can't just go to any non-official site and grab an excel file or PDF...it HAS to come from some official government force to comply with their fiduciary responsibility.

    Amazon accomplished this, but not for everything on their site. How does one enforce a seller who is black-label drop shipment seller out of China? Normally, it is the responsibility of whomever holds the sales tax license for the company; but those are usually only issued for companies with a physical presence. Are Amazon, Ebay, Etsy, etc required to keep track of these 10,000 different tax areas, add whatever is needed to each auction, and then remit those taxes in another companies name? Is that even legal, to submit collected sales tax in another companies name? Is it legal in every city, county, and state nation-wide? The Federal government cannot impose any rules, requirements, or regulations involving local taxes on local jurisdictions; a claim could be made via the Interstate Commerce Act but this is REALLY stretching it and might result in 10,000 lawsuits on Constitutional grounds.

    This is going to be a huge mess, and I suspect the end result will be that online retailers will just "blacklist" various addresses because their local tax information isn't being reported via some industry-accepted API. Even that might be challenged by small towns..."You can go to our localtown.state website and download our latest home brewed PDF where we hand-wrote our tax percentages!" If states want this tax, it's up to the states to provide a common API for companies to be able to access. No published API, no non-nexus taxes.

    I fully expect this to end up in the WTO courts, since it involves various other countries and is a huge burden and a radical shift in tax code without proper, formal notice per various international treaties. Libertarians and isolationist are going to freak out, or should be.

  63. Re:Complete bullshit by l0n3s0m3phr34k · · Score: 1

    We all know were that will lead: A corp will just start, on paper, splitting out various "companies" that always to JUST under whatever amount is set. Companies like Apple already do this, and sell various products to other Apple companies on paper only, but ship to different places and never transit to those places. Eventually some creative off-shore startups will make this very cookie-cutter for "small businesses" to use.

  64. Re:Sounds like a new cottage industry will be born by alvinrod · · Score: 4, Informative

    It's not just a matter of 6% state sales tax + 2% municipal, but all manner of strange rules and regulations regarding which products are taxable and which are exempt from taxes as well as trying to keep abreast of changes, additions, and eliminations of these rules. Joe's corner store can do it, because Joe's corner store is only located in Exampleville U.S. is only subject to tax laws for one particular state, county, and city. Amazon would need to know them all.

    Amazon not only needs to know what all of those tax laws are, but how they map onto the different products that they sell. What might be considered a food item exempt from sales tax in one state may not qualify as a food item exempt from tax in another state, or may be a specific type item with a tax based on quantity instead of price. And it's not just Amazon that needs to figure all of this out, but every retailer. At least until someone can figure out how to offer a service to handle this for retailers so that they're all not duplicating massive amounts of work.

    I'm not opposed to instate tax collection on interstate commerce for the reasons I mentioned before, but if we're going to go down that road, we need to have a system in place (and in place before we go down this road) that makes it easy for businesses to deal with it that doesn't unfairly punish small businesses or make it disproportionately difficult for them to engage in business. Doing so effectively eliminates the ability for many entrepreneurial endeavors and consigns people to working for someone else.

  65. hear from a 3rd party seller by Anonymous Coward · · Score: 0

    Thanks for everyone writing above saying this is easy shit and 3rd party sellers can do the work ... well I don't plan on charging any sales tax, paying any sales tax, claiming any sales tax, deducting any sales tax. Whatever. If they want to calculate it for me, take it from my customers, who the fuck cares? Do they want me to code a pricing solution that calculates the tax based on where the customer is? Nah, fuck that. The internet is for guerrilla capitalism. Pike Road Alabama, I care not that your sales tax is 11%, go fuck yourself or come to nicaragua and find me and take your $0.11 from my cold dead hands.

  66. Re:Complete bullshit by DogDude · · Score: 2

    Eh. Yeah, the government could make it easier. But, in the meantime, what we have is what we have, and if a company wants to benefit of being able to sell to people outside of their immediate area, they should pay whatever the cost is of doing business. We do it. We're a tiny company. It's not a big deal [shrug].

    --
    I don't respond to AC's.
  67. Re:Complete bullshit by DogDude · · Score: 1

    Why would a business with less than a million dollars of annual (revenue?) be selling to every city in the world? That doesn't sound viable.

    --
    I don't respond to AC's.
  68. youa re supposed to pay sale taxe on those by Anonymous Coward · · Score: 0

    You are supposed to pay the taxe on the state where you are living and ordering the object the catalog. That nearly nobody bother paying it, and it isn't cost effective for the state to pursue such taxe from private person ordering item, does not mean you are obligated to pay the sale taxe locally.

  69. Re: Complete bullshit by reboot246 · · Score: 1

    I've never seen anybody pay sales tax at a yard sale, and sometimes the items are brand new.

    Maybe online businesses should just call themselves huge yard sales. :)

  70. Re:Sounds like a new cottage industry will be born by DogDude · · Score: 1

    that doesn't unfairly punish small businesses or make it disproportionately difficult for them to engage in business.

    It doesn't. Businesses have to be aware of the tax laws in the areas where they're operating. If you want to open a store, you probably have one tax district. If you want to sell to everybody in the US, you have thousands of tax districts. I don't understand where the idea comes from that this is somehow "unfair".

    --
    I don't respond to AC's.
  71. Re:Complete bullshit by Mashiki · · Score: 1

    In most countries, if you're making less the $1m/yr it's usually left to the buyer to pay the taxes.

    --
    Om, nomnomnom...
  72. Re:Complete bullshit by Anonymous Coward · · Score: 0

    I wonder if you'll ever realize that small bit of irony in your last post.

  73. Re:Complete bullshit by Anonymous Coward · · Score: 0

    I ran out of points, modding your upper posts as troll or I'd be modding this one down, too.

    I'm not arguing that sales tax is a bad thing. What you keep missing as the point is that it is nearly impossible (and extremely burdensome) for a small business to be in charge of calculating (and remitting) that sales tax. You do understand nuances in tax code, don't you? In some instances, a veteran has to pay sales tax on an IV bag, where as a doctor doesn't. Tax in candy depends on the amount of flour used in it. Back to school items right before school starts are tax free. Need I go on? You cannot expect a small business to collect the right amount of tax. And then, of course, they'd have to remit this sales tax most likely quarterly, to umpteen jurisdictions? No thanks.

    The alternative would be using a tax services (and there are a few of them around) to calculate the sales tax, but I call bullshit on them calculating things correctly 100% of the time, when the amount of tax can depend on the occupation of the buyer, the flour content in the food you're selling, etc. Plus now a small business has to pay, what, $5000/year for an additional service? Have you ever owned a small business?

    This is indeed a mess that the SCOTUS has created and one that needs to be remedied in congress.

  74. Re:Complete bullshit by GerryGilmore · · Score: 1

    Actually, Avatax has been doing this for many years. Yeah, it's not free but it easily handles all these situations.
    Saying any variation of "it just can't be done!" is pure 100% organic, dolphin-free bullshit.

  75. Re:Complete bullshit by Anonymous Coward · · Score: 0

    Your tiny company is a brick and mortar, isn't it?

  76. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0

    > Sorry, but the inconvenience of doing a little more work isn't a valid excuse for not paying your taxes. Lack of preparation on your part does not excuse being a deadbeat.

    This is really the point, isn't it? People generally don't like to break the law, and they generally don't like to be tax cheats - the transactions you are talking about are just going to stop altogether. The supreme court ruling is a death blow to commerce.

    Who wins? The big companies that can afford all the paperwork, of course. Competition is stymied. The consumer is the ultimate loser in the end.

  77. Re:Complete bullshit by Anonymous Coward · · Score: 0

    eBay, etsy, and Amazon can have millions of items for sale, and millions of customers, but can't keep track of a few thousand tax jurisdictions? That's bullshit.

    There are plenty of services that do it already. We like Taxcloud.com. A quick Google pulls up quite a few more.

    The problem is there are 10,000+ jurisdictions and 1000 times that in rules. Things like Oranges are tax free, Orange Juice is taxed. Baking chocolate is tax free, but a candy bar is taxed.

    The problem isn't really the number of taxing jurisdictions, but the myriad of rules on top of the tax rate.

  78. Re:Complete bullshit by Anonymous Coward · · Score: 0

    How is this flamebait? It's basically true. The problem is that Amazon, Ebay, and Etsy don't want to take responsibility for the crap that's sold on their websites. They want to be like Uber and claim they aren't responsible for anything other than getting their cut of the money.

  79. Cost of compliance by Anonymous Coward · · Score: 0

    It would cost me thosands of dollars to try to become compliant with the tax regulations of each state. Screw that. It is much easier to setup a fly by night operation and ignore the ruling.

    Fix the costs with compliance or experience a new wave of companies no longer providing goods or services.

  80. Re:Complete bullshit by LynnwoodRooster · · Score: 1

    No, they know how to figure out and properly pay taxes as defined a week or so ago. The scope just exploded, and it's going to take, time, resources, and focus to now respond to this change in scope.

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  81. Re: Complete bullshit by Bing+Tsher+E · · Score: 1

    There are far too many tiny 1-man "businesses" in the US. These small entities are hard to regulate and monitor for compliance to laws, regulations, and taxes.

    Boo fucking hoo. What a nightmare for the 'people in charge' to maintain proper control over these little businesses. What little cubbyhole from some huge shitty company did you type that message out of? Are you a middle manager in a minor division of one of the conglomerate's companies?

    And why should we care?

  82. This cool new thing called "internet" by raymorris · · Score: 1

    > Why would a business with less than a million dollars of annual (revenue?) be selling to every city in the world? That doesn't sound viable.

    There is this cool new thing called the "Internet". You can put your homemade gourmet popcorn, or clipboard app, or photography for sale on the "internet" and people all over the world can buy it.

    To know how much sales tax to charge, you now need to read the tax code for each buyer's state, county, city, school district, and utility district. Then mail off checks to each entity, or maybe to the county - sometimes the county divides it up. Well sometimes the state does.

    1. Re:This cool new thing called "internet" by DogDude · · Score: 1

      You can put your homemade gourmet popcorn, or clipboard app, or photography for sale on the "internet" and people all over the world can buy it.

      You still have to follow the laws. You cannot simply refuse to collect and pay sales tax because... Internet! If you can't figure it out, then don't do it. We've been doing it successfully (and legally) for years, and we're a tiny company.

      --
      I don't respond to AC's.
    2. Re: This cool new thing called "internet" by Anonymous Coward · · Score: 0

      Dude youre a complete idiot. If you dont understand the magnitude of impact just wait and watch. No one is complaining about paying taxes but being attached to an online presence will create compliance and audit nightmares for any up and coming mom and pop shop

  83. Re: Complete bullshit by Bing+Tsher+E · · Score: 1

    Where is the irony in making business decision based on reality?

  84. Re: Complete bullshit by Bing+Tsher+E · · Score: 1

    And you are now going to assert a special "on the Internet" exception? I thought we were mostly over that stuff.

  85. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 0

    These are state sales taxes being applied to interstate commerce.

    In a manner entirely legal by the Constitution. They are applied equally and fairly, and not to goods merely passing through, but being delivered.

    It's the reason why sales taxes have never been applied to out-of-state catalog sales.

    Wrong. Even Quill did not come to that conclusion. Read it again.

    Your inflammatory rhetoric is just that.

    I would say your inaccurate claims are a problem myself.

  86. Re:Complete bullshit by Anonymous Coward · · Score: 0

    Absent some agreement between the respective governments the answer is no. Sales taxes are not ordained by God. A very real problem is this will drive Internet sales and fulfillment over seas. China has no interest in helping the US collect taxes on Chinese goods that are made in China purchased in China and sent to the US or anywhere else. There may be moral arguments in favor of collection of sales taxes internationally but as a practical matter the best arguments are against that happening. You need all the countries to agree otherwise the businesses all move to tax free areas.

  87. How to determine taxability for 25MM in a few hrs? by tepples · · Score: 1

    If you sell 5,000 distinct products to 5,000 jurisdictions, how much time does it take you to run through the 25 million (product, jurisdiction) tuples?

    Probably a few man hours. But if you've got 5000 items that you sell to 5000 jurisdictions, the time should be negligible. It's certainly not impossible.

    I'm confused. Through what process does one blow through these 25 million combinations in "a few man hours"? Please help the rest of us figure it out so that the rest of us can stop whining about it.

    And, why not just use a sales tax service, like TaxCloud to take care of it all for you for $10/month?

    Because TaxCloud hasn't been doing enough to make the existence of its service known to the public.

    Huh?

    A business whose officials do not know that TaxCloud exists cannot use TaxCloud. Through what means has TaxCloud been informing businesses that it exists?

  88. Re:Complete bullshit by tepples · · Score: 1

    Why would a business with less than a million dollars of annual (revenue?) be selling to every city in the world? That doesn't sound viable.

    The way I phrase the answer to this question to be most useful depends on your answer to the following question: To how many distinct cities does your business ship over the course of a year?

  89. Re: Complete bullshit by tepples · · Score: 2

    The reality after this ruling is that shipping domestically to another U.S. state has become almost as overly complicated as shipping internationally. Thus, if it was too complicated to ship internationally before this ruling, it is likely to have become too complicated to ship interstate after this ruling, and for analogous reasons.

  90. Re:Complete bullshit by Anonymous Coward · · Score: 0

    It is interesting that you raise the question of VAT taxes. Sales taxes are relatively straight forward. You multiply the selling price by the tax rate. But if you live in a non VAT country you have no easy and maybe no possible way to determine what the tax should be.

  91. Re:Complete bullshit by Anonymous Coward · · Score: 0

    as soon as these vile parasites find a way they're sure to do it. all these dumb slaves will line up to grovel too.

  92. Re: Complete bullshit by tsqr · · Score: 1

    I've never seen anybody pay sales tax at a yard sale, and sometimes the items are brand new. Maybe online businesses should just call themselves huge yard sales. :)

    What you've observed is probably casual violation of tax code. Depending on the state, yard sales may or may not be subject to sales tax. Proceeds from yard sales are generally not taxable because the items are usually sold at a loss.

  93. Re:Complete bullshit by Anonymous Coward · · Score: 0

    taxcloud? what a stupid bitch. it's dumb whores like you who need to be shot into the sun.

  94. Re:How to determine taxability for 25MM in a few h by DogDude · · Score: 1

    Dude, if you can't figure it out, then you shouldn't be in business. It's not the government's job to hold your hand and show you how to run your business. That's not how it works in the US, at least.

    --
    I don't respond to AC's.
  95. Re: Complete bullshit by DogDude · · Score: 1

    It's not that complicated. We've been shipping all over the US and collecting and remitting sales tax correctly for years. It's a simple plug-in on our e-commerce site. International is more complicated, and more problem-prone, so we don't do it. International sales have more complicated tax and customs and shipping rules, and opens us to more fraud. It's a simple business decision. You're welcome to make your own!

    --
    I don't respond to AC's.
  96. Amazon and Wal-Mart win. Small businesses lose. by aussersterne · · Score: 2

    What this will do is put independent sellers and entrepreneurs out of business. The largest companies, like Amazon and Wal-Mart, with the infrastructure to cope, won't miss a beat. Everyone else... won't be able to comply. eBay will fall farther behind, if not collapse entirely, because they don't sell anything themselves and aren't configured to be in the business of selling anything themselves.

    This is bad for consumers and bad for the economy. And it will lead to large firms with regulatory capture dominating e-commerce. It's one more step in the centralization of the 'net as a deeply controlled profit source for a handful of megacorporations.

    --
    STOP . AMERICA . NOW
    1. Re:Amazon and Wal-Mart win. Small businesses lose. by DogDude · · Score: 1

      This is a good thing for the economy. We'll finally collect the taxes that Internet companies have been skirting for years. Companies that can't or won't devote the resources to paying their taxes properly should be shut down and the owners should be prosecuted. It's shameful that the government has allowed such an unfair playing field for so long. Competent small businesses can and will continue to thrive.

      --
      I don't respond to AC's.
    2. Re:Amazon and Wal-Mart win. Small businesses lose. by Anonymous Coward · · Score: 0

      This is a good thing for the economy. We'll finally collect the taxes that Internet companies have been skirting for years. Companies that can't or won't devote the resources to paying their taxes properly should be shut down and the owners should be prosecuted. It's shameful that the government has allowed such an unfair playing field for so long. Competent small businesses can and will continue to thrive.

      Yeah, no. The solution you seem to be a paid shill leaves you liable if they screw up, meaning that you're paying $10/mo for a service that just gives you the illusion of security--you definitely will need to be monitoring and checking up on it, because if they screw up, you're the ones on the hook for it...and you probably won't be in the position to get the whole issue of if they can leave you holding the bag if they screw up on performing the service they're being paid to do.

      I'd be open to this if it was only getting slotted in as part of a successful standardization effort--one which only triggers after everybody's on the new standard, and set up that standard to make it difficult to screw up. It should be a simple matter to determine, say, the sales tax on a packet of ramen to somebody in Anytown, USA and ensure that the money is distributed to them. It isn't, currently, because a lot of the laws involved were written back in a time where only large businesses had to worry about this interstate commerce thing.

    3. Re:Amazon and Wal-Mart win. Small businesses lose. by Anonymous Coward · · Score: 0

      what about this:
      No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

      just a little tidbit from the "supreme law of the land" . you know Article 1 section 10 clause 2 to be specific.

    4. Re:Amazon and Wal-Mart win. Small businesses lose. by Anonymous Coward · · Score: 0

      You can't possibly be this stupid.

  97. Cucked by Anonymous Coward · · Score: 0

    Worrying about taxes while the bourgeois own the means of production.

  98. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 0

    How can a small business handle this? Please tell us. That's why it is unfair. If they made it simple like 1 tax % across the board, then I'd agree with you.

    You cannot expect small companies to follow these rules, they don't have the cash or manpower to. And I suspect, many will have to shut down, or lie.

  99. Re: Sounds like a new cottage industry will be bo by Wycliffe · · Score: 0

    An online business now potentially needs to know tax rules for thousands of jurisdictions.

    Not only do they have to know the rules, they have to potentially send the payment to thousands of jurisdictions. Imagine that you sell something for $20 to a thousand people in a thousand different cities. You just grossed $20k and maybe made a profit of about $10k. You need to submit sales taxes of about $2k. No problem except that you have to send $2 to 1000 different addresses. Most of these likely require a business license to submit a payment. Some likely require an online account and they all probably each have slightly different dates, rules, etc.... I would be ok if you could submit that $2k to a federal agency and let them distribute it but expecting small merchants to do it is going to either kill them or make them dependent on a third party like Amazon to handle it for them.

  100. Re: Complete bullshit by Anonymous Coward · · Score: 0

    You are lying. Give it up.

    You went from saying "it's not hard, all you have to do is follow the rules, to complaining about international shipping, then back to I've been following the rules for a year.

    Yea fucking right. Your whole post history is contradictory, and we can tell you are adding stuff/making stuff up as you go along to fit your argument.

    Move on; you lost, you have lied, we don't believe you anymore. The well is tainted.

  101. Re: Complete bullshit by Anonymous Coward · · Score: 0

    Damn, you just made yourself look like an asshole without even insulting someone. That takes a special kind of skill. But you already knew that. Asshole.

  102. If you've been doing it, you've been doing it wron by raymorris · · Score: 1

    > We've been doing it successfully (and legally) for years, and we're a tiny company.

    If you've been collecting and remitting sales tax for all 50 states, without a nexus and sales tax license in each state, you've been doing it wrong, and illegally. In Texas, for example, collecting sales tax without a license is illegal, and you need a nexus in Texas to get a sales tax license in Texas.

    Until this decision it was ILLEGAL for states to collect sales tax from out-out-state sellers. So you've either been doing that while it was illegal, or you've been legally not doing it. You can't have been doing it and doing it legally, while it was illegal to do.

  103. Re: How to determine taxability for 25MM in a few by Anonymous Coward · · Score: 0

    Answer his questions. Why did you dodge them? Is it because you've been proven wrong over and over and over again. You are a proven liar. We don't believe you. Answer his question, anything else you say has no relevance as it's already been debunked.

  104. Re:Screw 'em by bill_mcgonigle · · Score: 2

    You clearly don't understand the start up cost of a business. No small startup can't afford tens of thousands of separate tax filings, much less the categorization and rate maintenance that go into determining those filings. What you're saying is screw the small businesses, Walmart and Amazon will handle the rest of the economy.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  105. Re: Complete bullshit by Anonymous Coward · · Score: 0

    It's funny in every other country they pay taxes, and can somehow figure it out, but you can't in America lol

  106. Preparing the data for the computer by tepples · · Score: 1

    If you sell 5,000 distinct products to 5,000 jurisdictions, how much time does it take you to translate tax codes and product data into a machine-readable form so that your computer can run through the 25 million (product, jurisdiction) tuples?

    1. Re: Preparing the data for the computer by Anonymous Coward · · Score: 0

      Zero. It is on the computer already.

      Your protests are as stupid as the idiots relying on Snickers bars as an example.

      You might as well complain that my supplies change their product lines and make my business harder.

    2. Re: Preparing the data for the computer by tepples · · Score: 1

      Zero. It is on the computer already.

      How did the mapping from products and addresses to tax rates get onto the computer in the first place?

  107. Re:How to determine taxability for 25MM in a few h by tepples · · Score: 1

    Through what means did you "figure it out"? In particular, through what means did you discover TaxCloud?

  108. Re: Complete bullshit by tepples · · Score: 1

    It appears DogDude's position is "TaxCloud brings tax compliance for domestic interstate commerce below the complexity threshold that a small business can reasonably handle, but foreign commerce remains above that threshold."

  109. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0

    You didn't like those goal posts so I'll set you up another pair. The IRS has no problem knowing all this shit. Sounds like here is an opportunity to make some money by allowing a subscription service. If you're a big company selling tons of garbage, then you'll have no issue dedicating a couple people to parse this database for the orders. There's probably already some dude doing this on their internal DB. If you're a small business you aren't gonna have the volume necessary to need that database. You simply call the county clerk of the address listed and ask. Takes about 10mins. I did it yesterday for Buck Snort TN.

  110. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0

    As a principled libertarian I'm taking a stand and my company will not be partaking in further violence of the state nor collecting sales taxes for customers purchasing goods from us from other states. I already moved my company to a state in which we do not have to collect sales taxes at all and am amongst like minded individuals who are ready to declare independence given the right opportunity.

  111. Re: Complete bullshit by Anonymous Coward · · Score: 0

    You are a fucking moron. There was no obligation to collect sales taxes in other states prior to this. Some states are relatively simple. NJ was relatively simple when my company operated in NJ. When I tried to setup an operation in Louisiana I found out the only way to do it was via ignoring the actual law on the books. You see in the New Orleans region there are parish taxes, state taxes, and three city taxing areas. This was a simple door-to-door computer repair operation. On top of that there were tax holidays, taxation at different rates for the *SAME* or similar services (in-wire vs outside-of-wall wiring of ethernet cable and don't ask me what to do if its both or if its just the service or just the wire itself or both you have to charge for), amongst many many many other factors. Yea- we left before we ever really got off the ground. Comparatively Portland, Oregon, NJ, and PA, were easy peezy. Flat 6 or 7% or no sales tax. At least within the business arena in which we operated. But shipping goods becomes a lot more complicated because not even the government knows under which taxing jurisdiction any given address is. You can't simply create a list of zip codes and say this zip code has a 3% tax rate and that one has a 7% tax rate. Because there may be 4-8 governments for which to send taxes to for a given address for which you may only ever sell to once. You'd literally have to register a business in that customer's jurisdiction(s) to pay taxes, wait 30 - 90 days to get approved, then ship the goods. No thanks. I'll just ignore the law. Crypto currencies will take off after this and we'll have a greater black market. Actually I think I like where this is going.

  112. Re:Complete bullshit by Anonymous Coward · · Score: 0

    Wow- you don't understand the insanity of what you are suggesting and the reality is that sales taxes are NOT being collected the way you think. It's not possible to do period. I have looked into operating a small business legally in a single area in some states and the only way businesses get away with operating is because government doesn't know the collection is being done wrong. The reason its being done wrong is because you would have to know the taxing jurisdictions covered by each address and they don't match with zip code or other data as such and there are different rules for different items, services, and even location of installation of services or what materials are used, who the seller is, who the buyer is, the day its done (tax "holidays"), and so on. If you collect sales tax on a tax holiday because you don't know your not suppose to collect sales tax on clothing on this sales tax holiday in shit hold town X you'd be committing a crime.

  113. Re:How to determine taxability for 25MM in a few h by DogDude · · Score: 1
    --
    I don't respond to AC's.
  114. Re: Complete bullshit by DogDude · · Score: 1

    That's exactly my position, as I've told you over the course of over a dozen posts.

    --
    I don't respond to AC's.
  115. high property taxes = no sales taxes by DogDude · · Score: 1

    Your property taxes are crazy high because you have no sales tax.

    --
    I don't respond to AC's.
    1. Re:high property taxes = no sales taxes by John_Sauter · · Score: 1

      And yet New Jersey and Connecticut also have high property taxes, but do have sales tax. Perhaps the cause-and-effect is not so simple.

  116. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0

    That's because Amazon isn't properly applying the taxes. Some of the items I've purchased are taxed differently depending on how they're used. Amazon just charges the full tax, no questions asked.

  117. Re:How to determine taxability for 25MM in a few h by tepples · · Score: 2

    From the linked answer: "Type a series of alphanumeric characters via your physical or digital keyboard"

    So let me rephrase: What keywords in Google Search led you, and would lead others in a similar situation, to TaxCloud? (Reminder: These search terms have to be written from the starting point of not knowing that TaxCloud exists.) I read the top 20 Google Search results for the query interstate sales tax calculation, and none of them led to TaxCloud. In addition, none of the top 20 results appear to have been updated to reflect this Supreme Court ruling.

  118. International norms by spinitch · · Score: 1

    A nationwide sales/consumption tax that is generally same for imports would simplify and be more consistent with competitive international commerce practices. Delivery companies like Fed Ex collect and remit. Sales below a small level should be exempt from further local municipal taxes. Local municipal taxes are

  119. How does the shipping company determine the 10%? by crimson+tsunami · · Score: 1

    And the shipping company gets to decide what the value is? How will it determine the 10%? Open every container, box, envelope, check what's inside, have a bit table to look up the price of literally everything. How much will that cost? You are kidding yourself if you think half a percent will be enough to cover it. Unlikely even the full 10% would be enough to pay for it all.

  120. Re:Complete bullshit by Anonymous Coward · · Score: 0

    It's kind of ironic that a nation founded on "no taxation without representation" is now trying to force entities to pay taxes in jurisdictions where they have no representation.

  121. Re:Complete bullshit by Anonymous Coward · · Score: 0

    "Automated Reporting and Remittance can be added to any plan for just $20 per jurisdiction/period." (Taxcloud.com) Isn't that 12000 jurisdiction." So how does that work? You sell 200 in 1 month and another 200 the next month. If it is like my home state...even if you sell nothing one month, you are still expected to file...wouldn't that be true of all the other jurisdiction? What small business can afford that? Isn't this why Taxcloud has been behind the push for internet sales tax all these years. You're gonna be rich on the back of small business.

  122. Re:Sounds like a new cottage industry will be born by Local+ID10T · · Score: 1

    Businesses have to be aware of the tax laws in the areas where they're operating. If you want to open a store, you probably have one tax district. If you want to sell to everybody in the US, you have thousands of tax districts. I don't understand where the idea comes from that this is somehow "unfair".

    No taxation without representation is one of the principles upon which this country was founded.

    e.g. It is not lawful to require a citizen of California to pay tax to the state of New York, as they are not a citizen of (and thus have no representative voice in) New York.

    This is not the same as paying a sales tax while traveling, as that falls under basic guest rules (aka "While you are here, you follow our laws...")

    --
    "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
  123. Re: Screw 'em by Darinbob · · Score: 1

    Sure, just don't sell into states or countries that have taxes. Why should internet companies be exempted from taxes when other companies aren't?

  124. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    Use tax has always been applied to out-of-state catalog sales! A few states don't have use tax, but most have some sort of requirements.

  125. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    Well sure, but that is not an excuse to ignore the law. Every non-internet company has had to comply by the rules.

  126. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    Use tax is not sales tax, in that you do not have to worry about counties and municpallities - interstate commerce rules applies to states, not individual entities inside that state. The rules aren't as complex as you think they are. Before the internet we had many large and small companies that were all required to pay use tax and they managed to do it with far less powerful computer than we have today.

  127. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    At the moment, Amazon already complies with the rules. The issue people are complaining about are the smaller companies that have been sitting on Amazon's coattails (use tax is collected by Amazon for direct Amazon purchases, but not for Amazon partners).

  128. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    Again, there are no county or municipal taxes to worry about here. The same rules apply to you if the seller does not collect the use tax, meaning you must voluntarily pay the tax yourself (assuming you are patriotic and law abiding). This applies even if you drive to a different state to purchase a product and then drive back home again with the product.

    We've already gone down this road! These rules have applied to mail, phone, and wire orders for a long time before internet commerce came along, depending upon each state's determination of "presence" (which often meant merely advertising on television). The only difference here is that the court decided that the internet was too ubiquitous for claims that an online company had no actual presence, and that each state was allowed to make their own rules to decide whether or not they should collect use tax; exactly like how states already individually decide their rules for mail orders.

  129. Re: Sounds like a new cottage industry will be bor by Darinbob · · Score: 2

    Maybe a small business can't handle it, or they need to hire a couple of people to assist. This is no different than any other mail order company, and we've definitely had many small businesses that handle interstate deliveries and were able to comply by the rules. Being on the "internet" should not create special exemptions.

  130. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    If you buy a product in New York and drive back home to use it in California, you are legally bound to pay the California use tax (not the same as sales tax). If you already paid New York sales tax, the you're allowed to deduct that from the use tax, so it probably evens out somewhat.

    Maybe it seems unfair, but there are many laws that may seem unfair as well, and yet they are still laws that need to be followed. Don't like it, then change the laws. Ie, if you earn money in a foreign country, you still need to pay US federal taxes on it no matter how unfair it seems.

  131. Re:Sounds like a new cottage industry will be born by Darinbob · · Score: 1

    We've had over a century to figure this out and yet it hasn't happened yet. Why should it change now? Online purchases should fundamentally be treated just like out-of-state mail or phone purchases. We've managed just find to have 50 slightly different rules so far. (and again, no county or municipal use taxes are applicable here)

  132. Re: Sounds like a new cottage industry will be bor by Darinbob · · Score: 1

    Why is this a mess? How is this in any way different from pre-internet catalog sales, where the rules were essentially identical, and rules that still apply today to catalog sales?

  133. Re:Complete bullshit by Darinbob · · Score: 1

    There are only 50 jurisdictions. You do not need to pay use taxes to individual counties or cities. This is not sales tax, but use tax, and it is easy to lookup online and learn about.

  134. Re: Sounds like a new cottage industry will be bor by c6gunner · · Score: 1

    You didn't like those goal posts so I'll set you up another pair. The IRS has no problem knowing all this shit.

    "This shit" is the lifeblood of the IRS. They damn well better know it. They've had centuries of practice doing it. Online retailers have not.

    As he (and others) have said, the government needs to provide an API for this shit, and an easy way to file taxes over hundreds of thousands of jurisdictions. Since the IRS "has no problem knowing this shit" it sounds like they would be the ones best positioned to implement such a system. Get them to do it and the whole mess goes away.

  135. Re: Sounds like a new cottage industry will be bor by c6gunner · · Score: 2

    We've had over a century to figure this out and yet it hasn't happened yet. Why should it change now?

    Because it would massively ease the burden on small businesses, allowing them to operate in more jurisdictions, encouraging competition and entrepreneurship, thereby benefiting consumers and the economy.

  136. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0

    None of this matters.
    Just use OpenBazaar.
    Sell your shit for crypto, ship with bogus return.
    No sales taxes.
    No income taxes.
    Sweet :)

  137. Re: Complete bullshit by Anonymous Coward · · Score: 0

    No, tfa is about sales tax in south dakota.

  138. Re: Complete bullshit by Anonymous Coward · · Score: 0

    And you obviously just got busted, judging by your rush to share your butthurt with everyone here. No special skill required.

  139. easy solution by OppMan29 · · Score: 1

    Set a flat percentage for all internet sales ---5% should do it-- that way it would make it easier for everyone to file ... right now the states arent seeing any of that money Im sure 5% might not match high tax states but will keep the incentive to buy online

  140. Re: Complete bullshit by Anonymous Coward · · Score: 0

    Do you have business licenses in every state you sell to for your small brick and mortar? Do you file returns in each of those states monthly/quarterly/weekly/annually, and do you file zero returns when yoy have no sales for the period in that state? I'm honestly curious how you do this. What about states where it's illegal to collect sales tax when not required? How do you know before the purchase is made? My state (TN) requires you to file a 4 page (when printed) return and pay online with an account that only the business owner can set up so I'm wondering if your plugin sets this up/pays it automatically for you. I can't find any API documentation for TN's legally required payment portal.

  141. Re: Complete bullshit by Anonymous Coward · · Score: 0

    In my state businesses pay property tax on all property, not just real property. If I take that property, such as a company vehicle, to another state should I have to get a business license in that state and pay priperty tax on the vehicle?

  142. Re: Complete bullshit by Anonymous Coward · · Score: 0

    If I ever logged in I would mod this insightful.

  143. Re: Screw 'em by Z00L00K · · Score: 1

    Open an outlet in states without sales tax where people can collect their stuff.

    Would be good for states like New Hampshire.

    And if states have trouble collecting sales tax maybe they should try income tax instead.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  144. Re: Sounds like a new cottage industry will be bo by Z00L00K · · Score: 1

    Add to it that you have to know the tax code of every country too. And be up to date on it. Sweden has three VAT levels depending on purchased object/service.

    Also - what decides when which tax is applicable? Moment of purchase, purchasers residency or shipping address? Might be that the tax code there differs too so the purchaser is resident in country A, orders while in country B and gets it delivered when in country C and has to pay three taxes due to tax legislation.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  145. Re: Sounds like a new cottage industry will be bor by Brannon · · Score: 0

    Why not just move to Somalia? Libertarian paradise.

  146. Re: Complete bullshit by Z00L00K · · Score: 1

    A fixed sales tax of 25% regardless of where the delivery is done.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  147. Re: Sounds like a new cottage industry will be bo by Anonymous Coward · · Score: 0

    Because I can't conceive of the idea that my bizarre political ideas result in chaos and piracy.

    Obviously they're good, or I wouldn't think of them!

  148. Re: Sounds like a new cottage industry will be bo by Anonymous Coward · · Score: 0

    I sell fish online. Maybe 1000 a year.

    With the way that things are currently done, each sale would create about 7 hours of paperwork for me, done again for each new city. That's about 7,000 hours a year of paperwork. That's more than three full time employees.

    To pay $260 in taxes.

    Oh wait, no, I'd also have to file $0 reports with every area I've ever done business with every month for the rest of time. So it's more like 5 full time employees.

    With the current setup, paying $260 in taxes will cost me about $150,000 in labor.

    If you genuinely can't see a problem here you're probably just stupid.

  149. Re: Screw 'em by Anonymous Coward · · Score: 0

    Well, there are free services (as referenced in the SCOTUS ruling) that can handle all of the compliance obligations... or you could do it manually, and yes that would be hard.

  150. Re: If you've been doing it, you've been doing it by Anonymous Coward · · Score: 0

    It doesn't matter, he's lying because people literally can't recognize problems anymore.

    It doesn't matter. The Supreme Court could say it's ok for politicians to eat babies and this moron would be out here frothing about how politicians deserve it and how it's the parents fault for not keeping them inside

  151. Re:Sounds like a new cottage industry will be born by Anonymous Coward · · Score: 0

    The key here is that "keep track of" part. Tax codes are not just "2% in this county, 2.5% in that one"; taxes on goods depend on the classification of the good, and that can vary regionally and temporarily. An orange for eating might not be taxed the same as an orange for juicing; one state's definition of an educational resource might be very different than the one next door.

    If US tax codes use the same framework for categorising goods then it simplifies the problem a lot, but if each state's code is independent then a 500g bag of salted peanuts might fall into the "Prepared nuts for consumption, 101-500g" category in one area and the "Flavoured nuts for consumption, 500-999g" category in another.

    Amazon could probably solve this problem for goods they actually sell, but they never see many marketplace products; it's on the seller to provide an accurate description, and now it's on the seller to determine which of tends of thousands of categories a product falls into in dozens (hundreds?) of tax codes.

    The alternative solution would have been to just impose an "interstate retail tax" at a fixed percentage, and pay that to the buyer's state/county/city etc, but that would be clearly unconstitutional. So now you've got this legal fiction of a "sale" occurring in the jurisdiction of the shipping address, which could be otherwise uninvolved in the transaction, and everybody who wants to sell across state lines having to know and comply with the tax code of every other jurisdiction. This is a PITA for Amazon, but will probably be a death-knell for independent stores.

  152. Re:Screw 'em by cb88 · · Score: 2

    I work for a small business (40 employees) ... and we have a full time accountant and occasially and assistant just to deal with this stuff.... previously this person also handled purchasing of all our materials as well and was just doing the accounting part time it is only getting worse as time goes on.

    It's quite onerous for us to sell into other states as we have to get all sorts of tax information setup with each individual state. It wouldn't be nearly so bad if the state's had flat rates for taxes etc.. but there are laws you have to read up on for each state and even in some cases municipalities.

  153. Re: Sounds like a new cottage industry will be bo by J.+T.+MacLeod · · Score: 1

    It is different because they don't have to do it.

    Mail order companies only collect sales tax for intrastate sales, not interstate sales. Exactly how internet sales were... Until now.

  154. Re: Screw 'em by Anonymous Coward · · Score: 0

    Many states have income tax. They want more... they spend more than they take in. Heaven forbid they handle money responsibly like the avg family...

  155. Re: Complete bullshit by cb88 · · Score: 1

    you realize that's over 2.5x higher than the highest state in the USA?

    The only way sales taxes will ever be that high is with the elimination of income tax.

  156. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 0

    In some instances, one needs license as well to sell

    Even businesses who were buying tax free supplies will be hit. Here comes higher prices regardless

  157. Re: Sounds like a new cottage industry will be bo by Anonymous Coward · · Score: 0

    Any time a community, state etc increases tax the business has to load that in.

    All the reason forflat simple tax

  158. Re: Screw 'em by Anonymous Coward · · Score: 0

    As usual: fuck Slashdot's lack of UTF-8 support.

  159. Re: Complete bullshit by Z00L00K · · Score: 1

    Yes, but that's a tax rate we see here in Europe.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  160. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 0

    IRS is a federal agency and doesnâ(TM)t know all the details of state level taxes

  161. Re:If you've been doing it, you've been doing it w by DogDude · · Score: 1

    Ok, dude.

    --
    I don't respond to AC's.
  162. Re: Sounds like a new cottage industry will be bo by Darinbob · · Score: 1

    No, by law mail order companies are required to collect use tax for interstate sales depending upon each particular state.

    My issue is not that the tax is good or bad, but that it's fundamentally unfair for online companies to be exempt from such rules when other companies that ship to other states are not exempt.

  163. What's eBay's angle? by eric_harris_76 · · Score: 1

    Getting rid of that sales tax seems like the opposite of what eBay would want. A small business -- especially a very small business -- would have a hard time justifying selling out of state, unless they went through an intermediary who would calculate the sales tax. A company like eBay would be well suited for this.

    Maybe they don't want to do it.

    After all, it would mean the calculating sales tax of several dollars or several dimes or several cents, and then cutting a quarterly check to, say, the state of Missouri and some large and some dinky municipalities in St. Louis County and/or the Kansas City metro area counties, plus the county itself. The cost of sending the funds with supporting documentation might be many times the amount of the tax. Not for the county or state payments -- there would likely be quite a chunk of change for them, dwarfing the cost of making the payment -- but there might be only a handful of taxable transactions for some of the dinkier municipalities. And low-population counties. There are some with fewer people than a medium-sized StL municipality.

    There might be ways to reduce that cost -- perhaps the counties can or always handle the money for some or all municipalities.

    Is there a tax accountant or tax lawyer in the house?

    --
    There's no time like the present. Well, the past used to be.
  164. Slavery? by Anonymous Coward · · Score: 0

    So a state would have the right to compel the owners of a business in a completely different state to act as their uncompensated agents, and collect and remit taxes to them?

    This is not slavery...how exactly?

  165. Re: Sounds like a new cottage industry will be bor by Anonymous Coward · · Score: 0

    Don't forget to order some roads, firefighters, emergency medicine and schools while you're about it.

  166. Losing battle by ebvwfbw · · Score: 1

    I think we all know it's just a matter of time. Politicians hate not getting their piece of the money pie. They'll say think of the Children, or some such BS. I have a feeling they'll have to make it easy and do away with all the other taxes, such as city, county, district, etc. Make it easy to pay and go away instead of what we have to do now. I used to own a business and it was a frickin' PIA. Every quarter it's a crisis. Sales, payroll, social security, unemployment... and it seems like it just keeps on going and going. Things people who associate themselves with the left have no idea about because they never see nor hear about them. Until they try to open a business and find out what reality is all about. I know a guy that just tried to open a T-shirt business. Seemed like a home run. Yes, not so fast buster. He can't believe how much he's had to pay out.

    Dealing with the state and county isn't easy. They are unforgiving money grabbing vampires. I've had trouble getting them to admit I've even paid taxes before, even with a check. Just pay them again it seems, with penalty of course.

    Knowing the people I know in the sales tax division, I wouldn't be surprised if they were drinking champaign and wooping it up on Friday anticipating what they'll be getting soon. Money is probably already spent.

  167. Re: Complete bullshit by Bing+Tsher+E · · Score: 1

    'brick and mortar' is such OLD and TIRED jargon. Could you please teleport back to 2003 and stay there?

  168. Re: Sounds like a new cottage industry will be bo by pnutjam · · Score: 1

    Why do you need to file in locations you've never paid taxes in? Why should you be able to sell anywhere with impunity? Maybe national web stores are not a sustainable small business model.

  169. Re: Sounds like a new cottage industry will be bo by DogDude · · Score: 1

    Why should you be able to sell anywhere with impunity? Maybe national web stores are not a sustainable small business model.

    Exactly.

    --
    I don't respond to AC's.
  170. Re:Sounds like a new cottage industry will be born by 1ucius · · Score: 1

    >Imagine a service available for free

    I imagine there will be services available for a (substantial) fee. Which is kinda the problem policy-wise; that's the last thing a start-up needs.

  171. Two easier solutions by dkman · · Score: 1

    It would be much simpler to come up with standard online sales tax.

    Right now interstates online sales aren't taxed. So instead of saying you need to comply with local taxes they should come up with some average. Make it a set state % and municipal % for online sales, no matter where the buyer is. I say ignore the types of services and tax all online sales - no need to track that either.

    Or, the other simplification would be to require it only if you move more than $X worth of sales. So the little guy doesn't get bent over, but the big guys pitch in.

    --
    I refuse to sign
  172. Buy Vertex Stock and a business opportunity by rhyous · · Score: 1

    If Vertex Inc was public, I would buy their stock.
    Also, sounds like a business opportunity. Charge 8% higher, and give 8% to some escrow company who pays all the tax for you.

  173. Re: Sounds like a new cottage industry will be bo by J.+T.+MacLeod · · Score: 1

    Mail order companies only collect sales tax for states in which they have a physical presence.
    https://www.nolo.com/legal-encyclopedia/sales-tax-internet-29919.html