WyBlog, the best thing about New Jersey since the invention of the 24 hour diner.
Chris Wysocki
Caldwell, NJ
The nine most terrifying words in the English language are "I'm from the government and I'm here to help." - Ronald Reagan
Linkiest
CH 2.0 Info Center
The Jersey Report
Labor Union Report
Memeorandum
Net Right Nation
The Patriot Post Newsletter
Pajamas Media
PJTV
Victor Davis Hanson
J! E! T! S! Jets! Jets! Jets!
OpenVMS.org Portal
AVS Forum
NJ.com Caldwell Forum
The Caldwells Patch
The Jersey Tomato Press
"This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of environmental, political, human rights, economic, democracy, scientific, social issues, etc. It is believed that this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit for research and educational purposes."
If you're an online retailer, New York State wants to tax you, no matter where you are. And the U.S. Supreme Court says they can.
The US Supreme Court upheld Monday New York state's law requiring Amazon to collect sales tax on items sold online, the latest decision in a long battle over ecommerce taxes.
The top US court dismissed without comment an appeal from Amazon and online retailer Overstock.com, after the New York state Court of Appeals ruled the tax constitutional in March.
The decision requires Amazon to collect and remit sales taxes for goods sold to residents of New York state, an important battleground over the question of taxes for online sales.
State governments and brick-and-mortar retailers have long argued that online retailers should be required to collect sales taxes, to avoid giving an unfair advantage to ecommerce sites.
Amazon and others have argued that the US constitution bars taxes on interstate commerce, and prior court decisions have held that etailers must collect sales taxes only in states where they have a physical presence.
"The world has changed dramatically in the last two decades, and it may be that the physical presence test is outdated," the state court opinion said.
It added that "active, in-state solicitation" establishes a presence in the state which requires the collection of sales taxes.
So, what's a "physical presence?" It used to be a building with your name on it. Now, SCOTUS says it's anyone who even tangentially works on your behalf. Like say, the mailman. Or a web site viewed in New York that displays your banner ad. Congratulations! Pixels are a "physical presence." Please make your check payable to Andrew Cuomo.
Sales tax is one of the most convoluted creatures ever conceived. Big guys like Amazon will easily handle all the nuances of every state, county, city, town, school district, and sewer authority's myriad tax rules. But the little guy trying to eke out a living on eBay? Yeah, he's toast.
And just wait until New York wants to audit you. They really won't care if you're in Idaho either. Taxation without representation, it's now The Law Of The Land.
What's that old saying about death and taxes? Because thanks to SCOTUS, taxes
are gonna be the death of us.
Posted at 12:27 by Chris Wysocki
[/news]
Comments | Perm Link |
Technorati Tags:
sales-tax
taxes
Amazon.com
SCOTUS
New-York
|
Tweet
Previous: Essex County College graduates a whopping 5% of their 100% taxpayer-subsidized students | Next: The "New And Improved" Obamacare website: Garbage in, garbage out |
Main |