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States Can Require Internet Tax Collection, Supreme Court Rules

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Re: States Can Require Internet Tax Collection, Supreme Court Rules

#51

This is great news for Amazon. They already collect sales tax on everything they sell in most states (47 I think?). Now that smaller sellers (marketplace sellers, eBay, etc.) also have to collect tax, that hurts the ~8% discount built in, so why even shop around?

In addition this adds a new administrative burden to small sellers that isn't free

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#52

This is great news for Amazon. They already collect sales tax on everything they sell in most states (47 I think?). Now that smaller sellers (marketplace sellers, eBay, etc.) also have to collect tax, that hurts the ~8% discount built in, so why even shop around?

How does f'ing the third-party sellers help Amazon? You know they make money from them, too right? If anything Amazon and eBay have offloaded inventory and sometimes logistics risk onto third parties and they're happy to just extract rent. They're not interested in going back to be a first-party warehouse of everything.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#53

More compliance and regulation for us to deal with. How about you just tax property? It doesn't move. And also, how about the state stops spending money?

Thankfully, we have computers! Any online sales program worth paying for includes automatic sales tax collection by jurisdiction.

Note, this ruling doesn’t mean that all businesses will immediately be taxed. The law over which this suit was filed requires collection if your annual business in the state is $100,000 or >200 sales, which means you’re already doing a sizeable business.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#54

Someone needs to develop a service to make calculating and paying the sales tax easier. Something like plugin an address and it spits out the tax percentage and where to remit the payment to. Ideally the states would get together and create a centralized service so companies don't have to be mailing checks to every single county government that has a sales tax.

We have used TaxCloud which handles computing and paying the sales tax. You have to set what type of product each item you sell is so they know how to calculate tax for that type of item where you're selling it

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#55
post #39

Earlier quoted context omitted.

Payment processing services will most likely provide a solution to do this automatically. Charging credit cards is already pretty complicated, and they abstract it away already, so it would make sense for them to provide this as an additional service.

Agreed. I envision "tax compliance as a service" being offered by processors or third parties. My only question is then whether individual municipalities in states that allow them to have their own sales tax will also now be able to force compliance. If that's the case, what a nightmare for online retailers.

That's how large retailers do it already. I worked at a company that created software for calculating sales and use tax for large retailers. It was an incredible headache and I doubt any retailer would do it themselves since they can also point to the vendor as the liable party when a mistake is made, and those mistakes will be made.

We even had areas where we could not find the correct tax because the government in charge refused to tell us

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#56
post #10
post #3

I find it hard to argue with from a fairness perspective. Clearly, retail is in a much different place from when Quill was decided. My concern is more in how a mom & pop online shop operating independently complies as a practical matter, which means not only collecting the right amount for different types of items but presumably remitting and filing with a huge number of different tax jurisdictions.

In Colorado you're already asked when filing state taxes what the value of the goods you bought online that haven't been taxed yet, so the onus is on the filer to look up receipts from the year for tax purposes. Amazon already collects tax in Colorado, but a few smaller retailers will send you a letter at the end of the year totaling up your untaxed purchases. Since different counties and localities collect different…

Wisconsin does the same and I will be honest have simply lied and put an insignificant random number.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#57
post #14

Fascinating mix of justices on this one: > The vote was 5 to 4. Justice Anthony M. Kennedy wrote the majority opinion and was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Samuel A. Alito Jr. and Neil M. Gorsuch. I can't imagine we're gonna see RBG agreeing with the Alito/Gorsuch/Thomas clan too often.

The media focuses on the most controversial cases. There's less headlines for court orders signed by all nine. Between even two of the most ideologically/philosophically different justices, they concur 67% of the time.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#58

This is good news for the country, even if it's bad for my wallet. The prior state of affairs was absurd. Online retailers already have major advantages in terms of convenience and inventory. Getting a N% discount vs. brick and mortar by not charging taxes was completely unnecessary.

It’s good for big business and bad for small businesses because compliance will be tough, and harder to compete and price.

And this is why everyone should be supporting a federal VAT instead. If I'm not mistaken, Amazon had a similar argument a few years ago.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#59
post #3

I find it hard to argue with from a fairness perspective. Clearly, retail is in a much different place from when Quill was decided. My concern is more in how a mom & pop online shop operating independently complies as a practical matter, which means not only collecting the right amount for different types of items but presumably remitting and filing with a huge number of different tax jurisdictions.

There are two against it on fairness grounds I can see but your mileage may vary on practically and definitions of fairness.

One is that they don't use the infrastructure in the state. Shippers are either already taxed for their use if private or self funding government in the case of UPS.

The second is a more slippery taxation without representation which also gets into all sorts of semantic issues with who is really being taxed the in state residents or the out of state residents.

Really the tax infrastructure is in drastic need of modernization and streamlining. It may step on a lot of toes but I could see forcing online sales tax into a federal fixed rate with redistributed fixed percentages as worth it. Say 5% rate nationally and of that 1/3rd each to the buyer's state and the seller's state and 1/6th to each municipality respectively with it defaulting to the state if it is unincorporated. It would even actually fit in interstate commerce domain nicely.

Re: States Can Require Internet Tax Collection, Supreme Court Rules

#60

More compliance and regulation for us to deal with. How about you just tax property? It doesn't move. And also, how about the state stops spending money?

Thankfully, we have computers! Any online sales program worth paying for includes automatic sales tax collection by jurisdiction. Note, this ruling doesn’t mean that all businesses will immediately be taxed. The law over which this suit was filed requires collection if your annual business in the state is $100,000 or >200 sales, which means you’re already doing a sizeable business.

Compliance is far more complex than a simple look up table. Rates vary by state, county, city, school district, mass transit zone, water district. And each of these political subdivisions and the sales tax they assess changes with every ballot issue!

There's a lot of faxing, forms to fill, etc.

So most of the value is the vendor doing the legwork in keeping up with details and fixing corner cases. And leveraging their pre-existing trust network and economy of scale.

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