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Will You Soon be Paying Sales Tax at Amazon?

For years, online shoppers have enjoyed shirking sales tax for their purchases from websites like Amazon.com. Thanks to a few Supreme Court decisions, retailers that lacked a physical presence have been immune to sales tax. But a new piece of legislation in Congress could change all that, and possibly bring an end to tax-free shopping online.

The Main Street Fairness Act would  require retailers to collect sales tax on purchases wherever the consumer resides. This would seem to shift the physical presence requirement for taxation on to the purchaser, rather than the seller. Currently, sales tax on online goods is supposed to be reported by consumers on their state income tax returns, but very few actually report all their purchases. A study carried out by the University of Tennessee estimated the loss of revenue to states from unreported online sales tax at around $10.1 billion in 2011 and $11.3 billion in 2012 nationwide. In a time when state governments are particularly strapped for cash, that kind of money might be too hard to pass up.

Interestingly, some major retailers are pushing for changes to the way sales tax is collected. Wal-Mart, Best Buy, and Target have all lobbied for mandatory sales tax collection, since it could reduce the discrepancy between their prices and other online retailers. Amazon.com, for instance, can offer lower prices because they won’t be adding sales tax to the bill. Of course, Amazon has pushed back against sales tax legislation just as hard, having threatened to pull their operations out of states that challenge their immunity.

But requiring Amazon to collect sales tax wouldn’t normalize prices across the scope of online retailers. Unlike brick and mortar establishments that run online stores, Amazon has built its storage, distribution, and sales infrastructure to work solely online. Amazon prides itself on its efficency, and uses the low overhead costs to keep prices low. Physical stores means distribution systems and costs that Amazon just doesn’t have to worry about. From Business Week:

Analysts at Wells Fargo Securities (WFC) recently surveyed a range of products and found that even without factoring in sales tax, Amazon’s prices were, on average, 5 to 6 percent lower than Wal-Mart’s and 12 to 13 percent below Target’s.

Business week also notes that were the sales tax legislation to pass, Amazon might actually be able to improve its services. Without having to concern itself with avoiding sales tax, Amazon might expand its shipping system to more states, perhaps allowing for faster delivery times.

There’s also a psychological advantage to consider. Amazon has dominated the online marketplace for over a decade now, and even if the cost of sales tax increased their prices slightly, it might not drive away the consumers that consider them to be the go-to source for online shopping. That kind of advantage could take years of promotions on the part of other retailers to erode.

Of course, none of this will matter if the bill cannot survive the arduous U.S. legislative process. While the Main Street Fairness Act boasts some powerful supporters, namely Senator Dick Durbin (D-IL), it could be perceived as an additional tax which is not likely to play well with consumers. For now, it’s just an idea. But if you do a lot of online purchasing, its certainly something to keep an eye on.

(via Business Week)

  • http://twitter.com/PestControlCtr Pest Control Center

    Do the knuckleheads in congress not understand how big a burden this would impose on smaller online businesses?  In order to comply with such a law they would have to purchase expensive software that would charge each sale taxes based on location.  On top of that these businesses would have to continually update the software in order to keep up with the various sales tax changes each year in not only every state but in every county and municipality accross the nation.  It’s an impossible idea that would put those small online businesses out of business.  This is a boneheaded idea that needs to die in committee.

  • Anonymous

    There is modern technology available now (two companies I heard of, Avalara and TaxCloud) which claim to make the process for local sales tax calculation, collection, and remittance extremely easy.

    Excerpts from the TaxCloud blog:
    A merchant using TaxCloud doesn’t have to know anything about sales taxes other than where it’s shipping from, where the customer’s destination is, and the class of goods the customer is buying. Most retailers can sign up for TaxCloud and begin using it in 20 minutes.
    Internet merchants can point their existing e-commerce systems at TaxCloud for sales tax calculation, the same way they point at USPS/FedEx/UPS for calculation of shipping rates. For those states which have come into compliance with the Streamlined Sales Tax Agreement, TaxCloud will also automatically remit collected sales taxes, file periodic sales tax returns, and FedTax.net will act as the primary responder in the event of a jurisdictional audit. – again all for FREE.

  • Anonymous

    Expecting legislation to end the sales tax inequity has been
    a sad tease for many years and all the waiting for matters to change only
    guarantees hollowing out of main street retail and before long Best Buy will
    follow Cicuit City to Big Box heaven.

     

    All the valiant efforts to plug the pernicious inequity of
    the online sales tax loophole at the state level have either failed at the
    legislative level or have been rendered impotent by aggressive counter measures
    adopted by Amazon like cancelling affiliates etc.

     

    Although the federal Main Street Fairness Act of Sen.Durbin/
    Sen.Enzi might appear to be the answer, I am not sanguine about its prospects
    and it will likely die silently like Rep. Delahunt’s efforts in the last
    congress. And I don’t think there will be any support from Obama who will not
    wish to alienate his silicon valley supporters like eBay & Google who
    oppose this legislation.

     

    Therefore, the B&M retailers seeking to end the online
    sales tax loophole should re-think their tactics & strategy.

     

    One way is to push for abolition of sales taxes for all
    items which are online buyable like electronics, books, appliances, shoes,
    clothes, diapers, etc. (food/groceries & prescription meds are exempt  in most states). This should garner popular
    support and resonate with the anti-tax sentiment of the tea party crowd.

     

    Additionally, big box brick & mortar should spin-off
    their online operations and headquarter them in no-tax states and derive
    revenues from brand licensing, logistic services like warehousing, pickup &
    returns and other legal arms-length nexus-isolated arrangements where both
    B&M and its independent online avatar can synergestically benefit. An
    example would be, Barnes & Noble, there is no reason for its Big Box
    bookstores and Nook/eBook operations be one entity. B&M Barnes&Noble
    can continue as a physical bookseller while deriving revenues from an
    independent online Barne&Noble thru brand licensing fees etc.

     

    Only when states face the clear & present reality of
    vanishing revenues will this issue garner any urgency.


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