Ban On Internet Sales Tax Ends Saturday 192
donnyspi writes "As reported in the Rocky Mountain News, among other places, the 5 year ban on collecting sales tax on purchases over the internet is scheduled to end Saturday. 'The original moratorium was established in 1998, renewed in 2001 and is set to expire Saturday. The U.S. House of Representatives passed a bill in September that would expand the ban and make it permanent. Similar legislation hasn't yet been voted on in the Senate.'
I bought a laptop last monday from Dell... (Score:4, Interesting)
Re:I bought a laptop last monday from Dell... (Score:2, Informative)
Re:I bought a laptop last monday from Dell... (Score:2)
Re:I bought a laptop last monday from Dell... (Score:5, Interesting)
So it's quite possible that Dell has a physical location in the state where you live, and therefore you have to pay sales tax. If they do not have physical presence in your state, then you were inappropriately charged sales tax and you may be able to get it back.
Re:I bought a laptop last monday from Dell... (Score:2)
Is anybody aware of which states have (or don't have) a Dell presence?
FYI, I'm in Ohio.
Re:I bought a laptop last monday from Dell... (Score:4, Informative)
Re:I bought a laptop last monday from Dell... (Score:3, Interesting)
Getting slightly off topic, but I'm curious how manyoutfits on the 'net do this: If they charged you sales tax for a state they do not have a presence in, that can equate to fraud. Every once in awhile you hear people on the news charging illegal
Re:I bought a laptop last monday from Dell... (Score:1)
Re:I bought a laptop last monday from Dell... (Score:1)
Re:I bought a laptop last monday from Dell... (Score:1)
Since when has Dell been operating unlicesed nuclear accelerators in any state (let alone one specific state)? And why can't I buy them from Dell's website?
Re:I bought a laptop last monday from Dell... (Score:3, Informative)
Re:I bought a laptop last monday from Dell... (Score:2)
Re:I bought a laptop last monday from Dell... (Score:1)
Re:I bought a laptop last monday from Dell... (Score:5, Informative)
Re:I bought a laptop last monday from Dell... (Score:2)
Such is life
Re:I bought a laptop last monday from Dell... (Score:1)
Re:I bought a laptop last monday from Dell... (Score:1)
Re:I bought a laptop last monday from Dell... (Score:2, Informative)
Having worked for the State of Alabama Department of Revenue, Sales and Use Tax Division, I might know a thing or two about this. The issue is NEXUS (Connection) and an issue of where the sale occurred.
Generally the Law has held that the location of purchase is the point of Delivery of Title to the object. This might seem to be that when you get something in the mail or by freight currier that it was sold to you when you picked it up. This is not so. The issue is where did it become yours. If you paid
Re:I bought a laptop last monday from Dell... (Score:2)
While we're at it... (Score:5, Funny)
Re:While we're at it... (Score:3, Funny)
*Sarcasm. All in good fun, Mr Hatch!
Re:While we're at it... (Score:1)
Re:While we're at it... (Score:2)
Re:While we're at it... (Score:2)
Considering some of the links I used to be tricked into clicking from Slashdot, I pray we can never transmit liquid over phone lines.
Re:While we're at it... (Score:2)
Re:While we're at it... (Score:2)
Re:While we're at it... (Score:2)
Re:While we're at it... (Score:2)
Re: (Score:3, Interesting)
Re:While we're at it... (Score:2)
-B
Re:While we're at it... (Score:4, Funny)
I work hard. I think I deserve a free plasma television.
RTFA - It's not a sales tax ban! (Score:5, Informative)
Re:RTFA - It's not a sales tax ban! (Score:1)
Re:RTFA - It's not a sales tax ban! (Score:2)
I always wondered what the "multiple or discriminatory taxes on electronic commerce" part of the law included.
It kinda sounds like "we won't tax electronic commerce" to me.
Re:RTFA - It's not a sales tax ban! (Score:2)
There is NO ban on sales tax collection (Score:5, Informative)
If Congress wants to allow taxing of internet access by the states, they will now have the ability, though they probably won't. If they want to allow taxing of internet sales, they'll have to get around Supreme Court decisions that say states can't collect taxes on residents in other states. But the issues are NOT related, despite the frequency with which people screw this up.
Re:There is NO ban on sales tax collection (Score:2)
I thought Dick Cheney promised that we need not worry about this problem!
Re:There is NO ban on sales tax collection (Score:1, Offtopic)
As an offtopic sidenote, THIS FIRE SUCKS. It hurts to breathe and my eyes are watery all the time. On the plus side, it makes for some bitchin' sunsets.
I just got a new truck and I can't even wash the thing because the ash will turn to sludge and I'll just be rubbing the mud in (not to mention wasting water that firefighters need). Does anyone know if fire ash is acidic enough to ruin a new paint job?
Re:There is NO ban on sales tax collection (Score:2)
Actually, I think they will. The federal govervnment, along with most states and minicipalities, gets lots of money from the various Telecom taxes that are for "voice services."
Now, if VOIP keeps being rated as a "data service," and people switch in mass from POTS to VOIP, then a huge revenue stream dries up. Government, like most people, doesn't like money going away, so they w
Re:There is NO ban on sales tax collection (Score:1)
Re:There is NO ban on sales tax collection (Score:3, Interesting)
It kinda sounds like "we won't tax electronic commerce" to me.
a) Moratorium.--No State or political subdivision thereof shall impose any of the following taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act--
(1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998;
Not on commerce (Score:2)
Nope. I did a debate case on this in '98 or '99. The "discriminatory" bit means a tax that is applied to something on the internet that wouldn't be to the same thing not on the internet. For example, if someone made a 3% blanket tax on internet transactions IN ADDITION TO sales tax, that would be illegal. Or, if I made a 2% tax on
Re:Not on commerce (Score:2)
No.... (Score:2)
That's covered by the Interstate Commerce Act and is illegal anyway. Now if they tried to tax internet without also doing catalog sales, maybe...but presumably, if they have a system for one, it will work for the other.
Re:No.... (Score:2)
Right (Score:2)
Naturally. I'm even granting that they'll find a way around that, but it's a stretch. Perhaps the Feds will do the collecting, taking an amount from each purchase that is coincidentally what is required from the locality of the purchaser, then reimbursing the states?
Of course, the Court's not obtuse, so the question is how much latitude they'll grant the Feds in doing something like that.
Re:There is NO ban on sales tax collection (Score:2)
Re:There is NO ban on sales tax collection (Score:2)
So that I don't sound too snotty, I'll leave it at that.
Someone please answer this tax question (Score:2)
they'll have to get around Supreme Court decisions that say states can't collect taxes on residents in other states
If I drive across the border into the next state, can I pick up a plasma TV at Circuit City and not pay sales tax on it, if I show them my out-of-state driver's license?
Re:Someone please answer this tax question (Score:2)
No, and you know what I meant. Amended, they can't collect taxes *in* other states. Present location of buyer is jurisdiction of tax.
Why Internet and Not Mail Order (Score:5, Insightful)
When mail order business was getting started, the traditional businesses and the government moaned and groaned about the lack of tax return... However, today nobody is looking to tax mail order. Why not?
Mail order is been around far longer than the internet.
The internet is a wonderful business model and vector. Let us not soil it with taxes just yet.
Davak
Re:Why Internet and Not Mail Order (Score:3, Insightful)
Re:Why Internet and Not Mail Order (Score:2)
All stores should be on equal footing. If taxes make people shop locally more often then the internet, or mail order for that matter, isn't a viable sales medium.
In an ideal world mail order, internet, and local items would be taxed equally. This should allow the overall tax rate to be lowered because more items are being taxed. Of course this would never happen but its nice
Re:Why Internet and Not Mail Order (Score:3, Insightful)
People are more inclined to buy from local stores because they don't have to pay for shipping, they get instant gratification, and they can bring the product back in if they have problems. The shipping fee by itself makes up for any sales tax fees.
I think if you taxed online merchants equal with the local stores, it would severely hamper
Re:Why Internet and Not Mail Order (Score:2)
In practice there has only been one attempt at actually enforcing this type of rule. In the early 1990's, New York City sent a number of inspectors into New Jersey to find New Yorkers who were buying big ticket items in New Jersey to save on the
I don't mind being taxed... (Score:2)
Re:I don't mind being taxed... (Score:1)
Re:I don't mind being taxed... (Score:2)
Thanks for the clarification.
Re:I don't mind being taxed... (Score:1)
Catalogs (Score:5, Insightful)
If I buy a widget from Company X via a catalog when I live in a different state than Company X, I'm not charged Company X's state's sales tax. But when this moratorium expires, I could be charged state sales tax if the purchase were over the Internet. And then, which state's sales tax would I have to pay?
Why should the medium of the purchase dictate the taxation rules? I, for one, would like to see sales tax laws universally applied for interstate commerce.
Re:Catalogs (Score:2)
Going to be interesting to see the difference (Score:3, Interesting)
Anyhow this probably won't be a big deal for most internet businesses except for the paperwork. It might not hurt them at all if there is a provision made for the expense of collection. It will hurt those that were only in business because they were a tax dodge.
Re:Going to be interesting to see the difference (Score:4, Insightful)
Anyhow this probably won't be a big deal for most internet businesses except for the paperwork. It might not hurt them at all if there is a provision made for the expense of collection. It will hurt those that were only in business because they were a tax dodge.
You'd be surprised how much a little extra paperwork can cripple a sole proprietorship (I'm not allowed to have employees unless I change my business status and incur another whole world of complications), already being run in combination with a second job, like me. Collecting and remitting state sales taxes, along with regular accounting, and reconciling that with federal income taxes and piles of extra forms is already a huge hassle and confusing as Hell. The ONLY way internet sales tax will work is if they establish a tax system outside of the existing tax codes and districts... like if I no longer remit TX state sales tax and just collect (for example) a "national internet sales tax" of X% that's divided between the states or something.
If you ever looked at the tax districts, codes, what goes to states, city and metro jurisdiction... well, it's forked up. If they try to dump a convoluted national internet sales tax thing ON TOP of that, I think it would force a lot of small internet businesses like me to just throw their hands in the air and give up entirely.
Re:Going to be interesting to see the difference (Score:1)
This is usually true only if the state in which you purchased the item has no sales tax, or a lesser sales tax than the state in which you are a resident, in which case you are only liable for the difference in sales tax between what you paid in the lower-tax state and the state in which you reside.
For example, I live in Philadelphia, which is very close to Delaware, where there is no sales tax. If I go to D
Re:Going to be interesting to see the difference (Score:2)
This does not ban sales tax (Score:4, Informative)
State sales taxes on internet purchases have been, and are still legal, and congress is doing nothing to stop them.
In fact, right now it is only possible for a state to successfully collect sales taxes if the e-commerce provider has a presence in their state, but the states are banding together to try to rectify this "problem", by creating a uniform sales taxation scheme that will force an e-comerce dealer in, say, New Hampshire, to collect and forward California state sales taxes from anyone residing in California.
Tax systems (Score:5, Interesting)
0) Both empirical data and theoretical elaboration seem to concurr on that an Added Value tax would be the most efficient kind of taxation. Sales taxes don't quite distribute tax burden efficiently along the production chain. But how complex is really the production chain in a high added value internet reseller?
1) In countries with a high unemployed capacity, sales taxes will be very hurtful, as they will reduce consumption. But in a mature economy like the US, a carefully planned combination of consumption taxes and investment exemptions could encourage savings - and americans save four to five times less than their european counterparts.
2) The deadweight burden (the loss in welfare that doesn't become govt revenue) of a tax depends (among other supply-related factors) on demand elasticity - how much will demand react to a change in prices. If internet buyers are more price-sensitive than, say, buyers at the Walmart station in Dullsboro/OH, this could be hurtful to profitability perspectives as a whole.
3) How will this affect e-commerce with other countries? Foreigners are never happy to pay US taxes.
4) From a general equilibrium viewpoint, how large is the internet retail market in comparison to the large scheme of things? If not large enough, could it be the proverbial butterfly in south america causing a month-long storm in India?
5) I don't know if product-factor (Leontieff) matrixes are done by US bureaus of statistics regularly, but it would be interesting to take a peek if they did. Leontieff matrixes attempt to capture the interdependence of sectors in the economy - and while not being theoretically strict from a general equilibrium viewpoint, they're a very practical statistical tool. Anyone knows something about this?
6) Are they just trying to alleviate the govt. deficit? It doesn't seem to me the administration really cares about govt deficit.
7) Are they trying to impose stricter regulations on the internet on the grounds of tax evasions?
8) etc. etc.
Re:Tax systems (Score:1)
Matrices.
Re:Tax systems (Score:2)
No there has in fact generally been a surplus of taxes collected which is why there isn't much concern for the deficit... it's being paid on schedule. And quite frankly, it's not like any bill collectors are going to come knocking on the door of the most powerful superpower in the world. As for the bulk which is owed to the citizens of the US, yeah right, they care.
"1) In count
Sales Tax! (Score:1)
Everyone should go buy the book Cracking the Code [amazon.com] or read it online from SupremeLaw.Org [supremelaw.org], or read information [216.239.53.104] on your Straw Man and howto validate the alleged "Sales Tax."
More taxation may actualy cause more freemen (and freewomen) to appear out of the wood-work. I'm one of them.
I'd rather have a sales tax than an income tax. (Score:2, Interesting)
Should expand to include tax on phones... (Score:2, Funny)
Re:Should expand to include tax on phones... (Score:2)
The taxes on long distance is another example. I get lots of telemarketers trying to get me to switch long distance carriers. Due to the costs, I don't have a long distance carrier. I use a phone card. A $2
Ask Slashdot... (Score:1, Insightful)
In this neck of the woods, 10% of businesses avoid taxes this way, but we still need to extend this privlege to the common man. Any suggestions on how to achieve this?
Each member runs there own division?
Sales Tax Sux - Yea for Internet Sales Tax! (Score:1)
Slightly OT rant about taxes... (Score:4, Insightful)
Warning: This is slightly offtopic but applicable to internet taxation nonetheless.
One of the biggest complaints about sales tax is that (in brick and mortar outlets) you never know exactly how much you're going to pay for something. For example, I run over to Walmart and I want to buy a can of Spaghetti O's. The label reads $0.79/can. If I have $5.00 in my pocket, I can buy 6 cans... or can I?
If I'm in an area with a different sales tax as the one I'm familiar with (in Louisiana sales tax varies from parish to parish where parish is the rough equivalent of a county), I may miscalculate the tax and I might not have enough at checkout.
I REALLY wish the government would pass a law that all taxes must be included in the labeled sale price. The seller should take into account the appropriate sales tax when deciding how much to sell an item for and the state should just take a percentage out of the seller's gross sales. It would take an unneccessary burden of the consumer.
If they did this and got rid of the penny, think of how much easier shopping would be. Keeping track of $0.50 for this, $0.35 for that, $20.50 for something else would be a lot easier than $0.39 for this, $1.99 for that, $19.99 for something else plus tax.
They should do the same thing for the internet if they levy an interstate sales tax on items bought on the internet. Granted, it's a lot easier to hit "cancel" on a web checkout form than to put things back at a grocery but it would set a nice precident.
P.S. -- VERY OT, has anyone else been getting lots of Server 500 errors when browsing Slashdot over the past week? I used to never get any and now I'm getting them in roughly one out every five page views... weird.
That's how it works in the UK (Score:3, Interesting)
In certain places, like McDonald's, you paid what you saw. $1.99 for a McWhatever.. you paid $1.99. But at In'N'Out (oh I miss that place), for a $2.99 burger, you ended up paying like $3.23 or some similarly bizarre amount. Shopping at Ralph's was as interesting, which certain trips resulting in no tax, and others resulting in a few dollars (I believe this is because food is exempt from CA sa
Very OT (Score:3, Funny)
Yes, I have. Also I noticed that http://www.slashdot.org started redirecting to http://slashdot.org:80, instead of just http://slashdot.org, at about the same time I started seeing the 500 errors occasionally. It must mean they've changed something (in the Matrix.)
Re:Slightly OT rant about taxes... (Score:2)
In Europe the gross price is shown on the labels (sometimes along with net price, esp. in wholesale stores).
Internet taxation == no big deal (Score:2)
The different states are going to impose their own sales taxes on internet purchases and some cities are going to impose their own taxes.
What does this mean?
a) some states will try to tax internet purchasing out of existence in order to protect brick and mortars
b) some states will selectively tax to protect some local industry.
c) some states will overtax in order to advance social agendas.
d) companies that facilitate online purchasing will probably offer state sales tax collection services. For softwar
Re:advance social agendas (Score:2)
Sales tax ban NOT expiring! (Score:4, Informative)
The fact that Internet and catalog retailers don't have to collect sales tax for states they don't have a business presence in is a result of a Supreme Court decision and the Interstate Commerce Clause of the US Constitution (which reserves regulation of interstate commerce to the federal government). That doesn't expire. The states have been trying, since before the Internet was a big thing, to get Congress to change that. So far they've failed, but they are still trying.
What does expire is a moratorium on a tax on Internet services themselves -- e.g. a tax on your ISP's services.
What Sales Tax?!?! (Score:2)
I like buying on the internet because.... (Score:3, Informative)
Other than some kinds of clothes there is very little I haven't bought on the internet. Parts for my computer, photo gear, clothes, scuba gear, stuff for my dogs, presents, and yes even toilet paper. Other than perishable food items I buy every thing online that I can.
Mostly because of convience and savings, but at the same time it's on principle since I live in the People's Republic of California, the third largest communist country after China and the EU, where the politicians have a nasty way of pissing away our tax money like there is no tomorrow.
A good example is the fuel tax, at $.18 a gallon, they collect over $16 billion a year with this tax. You know how much of it they actually spend on roads? Less than 1/4 of it, California by the way has some of the worse roads in the country.
I make it a point not to buy from any company that charges CA sales tax, even if it mean it will take an extra few days to get it shipped in from New Jersey. Funny though, even with the extra shipping charge the prices still usually manage to come in under those based in CA.
Re:I like buying on the internet because.... (Score:2)
Come on, somebody tell me where I can drive without potholes in city streets.
Re:I like buying on the internet because.... (Score:2)
That's why he called it Communist.
History Repeating - Unfortunately. (Score:2, Insightful)
If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it."
-- Ronald Reagan
We need to put an end to this aweful cycle.
In Canada. . . (Score:2)
Revenue Canada reps last summer also attended a world government conference to deal with the growing 'problem' of lost tax revenues due to internet sales. The bureaucrats were quite literally getting hysterical with the fear that money was moving without being bled off to pay for their comfy suburban houses and four door family cars, big screen televisions and private school bills.
In Canada, at any rate, the party is ending, the vultures are landing.
I'm always a
Access Tax, NOT Sales Tax (Score:2)
Friends, Congress is debating a bill to permanently extend the federal ban on taxing Internet access -- like DSL, cable ISP etc. Several states can actually tax these services under a grandfather clause in the original moratorium. The new bill would ban access taxes everywhere.
This is NOT about sales taxes. That's a whole other debate. If you want to know more about it, go here [washingtonpost.com].
Re:Death of internet sales (Score:2)
I buy stuff on the internet because it cannot be found locally, or cannot be found easily locally. Like obscure music, or obscure books. I used to buy the old school Vans shoes online until they started carrying them at the mall. Now I go to the mall to get them - its easier and less risky, less hassel.
Why do I say less risky? Well, I have bought things online, paid for them, and they never show up
Re:Death of internet sales (Score:1)
Contest that with your credit card company.
Re:Death of internet sales (Score:2, Interesting)
The main thing about online shopping is convenience, and perceived cost savings. You can get in your car, go out to your local Barnes and Noble, and fork over twenty bucks for a book, OR you
Re:Don't Worry,..Government is slow (Score:1, Interesting)
porn drives inovation. (Score:1)
Re:My Mac sucks (Score:1)
Oh, admittedly the last time I used MacOS X it was sort of slow, but I haven't used it enough to say either way if it's that slow. I somehow doubt it.
Re:My Mac sucks (Score:2)
Re:there should be a tax (Score:2)
Re:there should be a tax (Score:2)
For example, if I order something from a web site based (physically) in the state of California (and for the record I do not live in that state), then I would need to pay taxes to the state of California, but would not have the right to vote for things in the state of California (such as, oh, let's say, a governor's race)?
If you were to physically go to california and buy it over the counter, you'd pay the sales tax as well. Is that als
Just to clarify the erroneous clarification... (Score:2)
Section. 9. Clause 5: No Tax or Duty shall be laid on Articles exported from any State.
If I buy a computer in Michigan and have it sent to my home in California, how is California's attempt to tax my computer not violative of the US Constitution?!
You're right, states do have so called "use taxes" but they are unconstitutional.
Re:Just to clarify the erroneous clarification... (Score:2)
Imagine if California set up road blocks and searched vehicles for products bought ourside the state. then after finding such products, it taxed them. Everyone would admit that that would be illegal.
If so, why is it any different when I pay FedEx to deliver it for me?