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-Lurid Crime Tales-
N.Y. Orders Large Web Retailers To Charge Tax
2008-04-25
New York Internet shoppers, take note: in five weeks, sales tax-free shopping will end on many Web sites thanks to rewritten state rules that are trying to force Internet retailers to collect.

At Chrono Tech Watches in White Plains, Jerry Nally is glad the clock is ticking on many Internet retailers that don't charge New York sales tax. Nally says those so-called "e-tailers" steal his customers. "They'll come in our store, look at our product, touch it, play with it, look at the warranties, then go back to the web and buy it tax free," says Nally.

For years, retailers with "brick and mortar" stores in New York, such as Wal-Mart, have charged sales tax on orders placed through their Web sites. Yet Amazon.com and other e-tailers with no physical stores have not charged the tax, much to the delight of Internet bargain hunters, like online shopper April Cantin.

"Coming here, you have to pay a lot of tax, when you pay on line, you pay nothing, just shipping and handling and the item," she says.

In the midst of a budget crisis, New York is now telling Amazon and certain other large Internet-only vendors they must collect state and local sales tax -- if they allow sales via "click-throughs" from New York-based Web sites. The new rule is set to go into effect on June 1.

The state estimates this new Internet tax will bring in $50 million this year and $75 million next year. The Retail Council Of New York State hopes the new rule is the first step toward collecting sales taxes on all Internet commerce.

But the new rulings aren't sitting well with the Internet giants. Amazon, the largest Internet retailer, is objecting to the decision, saying "this is the wrong time to increase taxes on New Yorkers."

"You will drive people away. People are not going to want to shop online anymore," says Cantin.

Nally is hoping online businesses will comply, however, telling CBS 2 "it's about time!" "I have to pay tax, and Amazon should pay tax, it's as simple as that," he says. "There's no reason for a difference."
Posted by:GolfBravoUSMC

#14  Constitutionally speaking, lets see NY enfoirce collection. Amazon does NOT do business in NY, it does it from wherever it is. NY'ers do the equivalent of visitign them, not the other way around.
Posted by: OldSpook   2008-04-25 21:54  

#13  MO3326 - most tourist-destination cities have Transient Occupancy Tax (TOT) on hotel rooms. It's a good way to raise revenue without gouging local voters and, (somewhat), help with advertising for/securing more tourism which contributes even more sales tax...
Posted by: Frank G   2008-04-25 18:20  

#12  New Yorkers amaze me. If they don't have something to bitch about on any given day you can be darn sure they'll create their own problem and blame someone else.
Posted by: Icerigger   2008-04-25 16:39  

#11  Last I heard, visitors to NYC had to pay a 21% hotel room tax. What gouging.
Posted by: Marilyn Omerese3326   2008-04-25 13:59  

#10  Just as I thought, unless there is a presence in New York they have no case. Won't survive the first filing in federal court.
Posted by: Procopius2k   2008-04-25 13:24  

#9  Yeah, good luck enforcing that order.
Posted by: mojo   2008-04-25 12:11  

#8  Non-resident catalogue and internet retailers voluntarily remit sales tax to LA? If so, I'm astounded every other sales taxing state has not jumped on the band wagon.
Posted by: Nimble Spemble   2008-04-25 11:14  

#7  Nimble, most big companies collect the tax and remit to the state but if the tax was not collected by the seller then the buyer is supposed to send it in with their state income tax. Honor system, and I don't know how well it works, but for the small stuff it is not too important to the state anyway (or so I think, until I forget something and get audited and go to jail.)
Posted by: Menhadden Snogum6713   2008-04-25 10:48  

#6  My state, Tennessee, is considering much the same thing with the added tax on digital downloads including music and software. I hope it gets defeated.
Posted by: Deacon Blues   2008-04-25 09:50  

#5  MS6713,

I am curious as to how it works. Is payment to the state made by the purchaser or the seller? If the seller, how does the state compel compliance? If the purchaser, how does the state find out?
Posted by: Nimble Spemble   2008-04-25 09:42  

#4  If just a few major online retailers decided to boycott the state, the resultant screams would shake the state legislature to it boots. Amazon, Ebay and Wal-Mart could put a stop to this nonsense right now, before it spreads.
Posted by: Anonymoose   2008-04-25 09:38  

#3  Louisiana has had a de facto internet sales tax since long before the internet. They logically regard internet sales as equivalent to catalog sales, which have been taxed since 1949 or so. They do what lawmakers so often do - play semantic games to get around prohibitions (like calling gambling 'gaming' and allowing cock fights by defining fowl as 'not animal') and call it a use tax instead of a sales tax.
Posted by: Menhadden Snogum6713   2008-04-25 09:15  

#2  Interstate commerce is federal not state regulated. Now if they wish to tax businesses within NY that have web generated income, they may. Those business can also leave the state and conduct business elsewhere.
Posted by: Procopius2k   2008-04-25 09:00  

#1  Good luck. If there's no nexus, there's no asset to seize.
Posted by: Nimble Spemble   2008-04-25 07:37  

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