Article

2008-04-25 -Lurid Crime Tales-

N.Y. Orders Large Web Retailers To Charge Tax

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Posted by GolfBravoUSMC 2008-04-25 04:49|| || Front Page|| [11132 views ] Top

#1 Good luck. If there's no nexus, there's no asset to seize.

Posted by Nimble Spemble 2008-04-25 07:37|| 2008-04-25 07:37|| Front Page Top

#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|| 2008-04-25 09:00|| Front Page Top

#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|| 2008-04-25 09:15|| Front Page Top

#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|| 2008-04-25 09:38|| Front Page Top

#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|| 2008-04-25 09:42|| Front Page Top

#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">Deacon Blues 2008-04-25 09:50|| 2008-04-25 09:50|| Front Page Top

#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|| 2008-04-25 10:48|| Front Page Top

#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|| 2008-04-25 11:14|| Front Page Top

#9 Yeah, good luck enforcing that order.

Posted by mojo">mojo 2008-04-25 12:11|| 2008-04-25 12:11|| Front Page Top

#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|| 2008-04-25 13:24|| Front Page Top

#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|| 2008-04-25 13:59|| Front Page Top

#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|| 2008-04-25 16:39|| Front Page Top

#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">Frank G 2008-04-25 18:20|| 2008-04-25 18:20|| Front Page Top

#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|| 2008-04-25 21:54|| Front Page Top

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