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Amazon will end affiliate program in California if new law passes

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Re: Amazon will end affiliate program in California if new law passes

#61
post #55
post #11

Some important background on this. At issue here is sales tax. By state law, the tax is owed by the citizens to the state no matter where they make the purchase. To make enforcement easier, the tax is supposed to be collected by businesses. In theory the tax is owed regardless, but as a practical matter when businesses do not collect the tax, customers don't volunteer the information and the state loses revenue. This…

So... if I understand correctly, if I am a resident of California and I buy books from Amazon, I pay no sales tax (isn't that the same as VAT)? Does this mean that Amazon books in Washington are more expensive (because I Amazon must collect the taxes, because the state can force it to, because it has a physical presence there)?

[deleted]

Re: Amazon will end affiliate program in California if new law passes

#62
post #47
post #12

Earlier quoted context omitted.

Not at all. They are doing this because they don't want to get into an unnecessary legal fight which could go either way.

Why does this need to have anything to do with affiliate marketers? "Associates" need not count as "subsidiaries" or "distribution centers" whatsoever. According to http://www.amazon.com/Locations-Careers/b?ie=UTF8&node=2... Amazon has subsidiaries in: Cupertino, Lake Forest, San Francisco, San Luis Obispo, Palo Alto, and San Francisco. I also regularly get deliveries that seem to originate within CA, even if Amazon…

The bill is admittedly stupid in its targeting of the affiliates.

But Amazon would qualify as a CA retailer irrespective of the affiliates, according to the actual bill:

http://www.aroundthecapitol.com/billtrack/text.html?bvid=201...

""Retailer engaged in business in this state" specifically includes, but is not limited to, any of the following: (1) Any retailer maintaining, occupying, or using, permanently or temporarily, directly or indirectly, or through a subsidiary, or agent, by whatever name called, an office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business. "

Re: Amazon will end affiliate program in California if new law passes

#63
post #56

Earlier quoted context omitted.

Sales tax tends to be 5-10%, affiliate kickbacks tend to be less than that, which means that the increased revenue from affiliate links is in the same ballpark. It would be bad enough if these laws forced amazon to pay sales tax on purchases where the affiliate lived in the same state as the purchaser. Instead these laws force amazon to pay sales tax on all sales where the purchaser lives in a state where there is a…

Amazon (or more accurately, the purchaser) should be paying all sales taxes in the state where the purchaser lives, period. Seems cut and dried to me. If the corner store has to run sales tax, Amazon should too. I don't see why a "[adjective] business decision in the face of [adjective] and [adjective] legislation" is in any way different from "skirt paying sales tax".

Because as you say, it's actually the purchaser who needs to pay the sales tax, legally. Not Amazon.

Re: Amazon will end affiliate program in California if new law passes

#64
post #41
post #28

Earlier quoted context omitted.

The rule seems to apply to Amazon principally because it has distribution centers in CA.

Citation needed To the best of my knowledge Amazon has no distribution centers in any states that collect sales tax explicitly because it doesn't want to be forced to collect sales taxes.

Every time I order from Amazon the delivery starts in CA almost the same day. Perhaps there's some legal entity funny-business going on to make all of its CA fulfillment not count as such, but what else would you call the place that ships me the package?

Re: Amazon will end affiliate program in California if new law passes

#65
post #39
post #14

Earlier quoted context omitted.

Or do the obscenely complex logic for each of the tens of thousands of jurisdictions each year required to calculate sales tax.

And yet somehow companies like WalMart and Target manage this terrific feat. It'd be better if there were a unified system of national sales tax. But for a company Amazon's size, it's a laughable idea that it's somehow impossible to do this magnificent feat of implementing a lookup table.* The hard part is keeping things up to date, but a good faith effort to do the previous would get Amazon pretty far. *I worked for…

I have no idea why you were downvoted. If the dudes running walmart.com can write code to figure out the appropriate sales tax for each item, the dudes at amazon.com should be able to as well.

Re: Amazon will end affiliate program in California if new law passes

#66
post #49
post #31

Earlier quoted context omitted.

Thanks, you're completely right. I'd still note that every single national retailer manages to do it ok.

They have local managers for every region and sub-region. Amazon doesn't have a manager assigned to Sonoma County to make sure that everything's on the up and up regarding Sonoma County tax laws. Amazon's actually much better equipped to handle the problem because of their size. It would be a real nightmare for a small site that can't afford even a single full time accountant.

How many small sites that can't afford a single accountant are running affiliate programs?

Re: Amazon will end affiliate program in California if new law passes

#67
post #52

Earlier quoted context omitted.

I see your point that this could be a problem, but it's also a problem that brick-and-mortar shops have to pay tax while Amazon doesn't, no? Equal protection (or competitiveness) goes both ways.

Neither have to pay the tax, it's just a question of who the state can compel to collect the tax on behalf of customers. The real tax evaders here are the customers, who are required to pay a use tax for out of state purchases. Of course, clamping down on this is political suicide so it doesn't happen. I think the classical argument as to why the brick and mortars have to collect is because they actually see a benefi…

The real tax evaders here are the customers, who are required to pay a use tax for out of state purchases. Of course, clamping down on this is political suicide so it doesn't happen.

Actually North Carolina tried to do exactly that. They did a tax audit of Amazon, and tried to get Amazon to turn over records as a part of that which would let them go after state residents for owed sales tax. The case went to court and was settled last February in Amazon's favor. Amazon wound up giving North Carolina detailed records of every item shipped to a North Carolina address, but with all personal identifying information stripped so that North Carolina could not figure out who had purchased what.

Re: Amazon will end affiliate program in California if new law passes

#68
post #17
post #7

Lawyer types: if one were to, say, incorporate in Delaware, and then rejoin the Amazon program from a Delaware address (presuming that's possible) -- would that be legal?

I think as long as your business has a presence in CA (like your office or home office) you still have to pay taxes. Of course, you could register your business in a state that doesn't disclose stakeholder info, like Nevada or those Wyoming shell companies. Edit: definitely not a lawyer

I don't mind paying taxes on my earnings from the affiliate program. It's not like the government would expect me to pay taxes on the cost of the goods sold. It's the amount made from the affiliate program.

Amazon is a significant source of income for me in California, and I was thinking of creating a California LLC this year anyway to shield from lawsuits. I'm now going to seriously think about doing it in Delaware instead.

Any advice?

Re: Amazon will end affiliate program in California if new law passes

#69
post #40
post #14

Earlier quoted context omitted.

Or do the obscenely complex logic for each of the tens of thousands of jurisdictions each year required to calculate sales tax.

Not true! Amazon already has all of that obscenely complex logic coded up! Amazon allows third party vendors to sell through Amazon. Amazon knows for each vendor of what states they are resident in, and properly collects sales tax in that company's behalf where that is required.

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Re: Amazon will end affiliate program in California if new law passes

#70
post #56

Earlier quoted context omitted.

Sales tax tends to be 5-10%, affiliate kickbacks tend to be less than that, which means that the increased revenue from affiliate links is in the same ballpark. It would be bad enough if these laws forced amazon to pay sales tax on purchases where the affiliate lived in the same state as the purchaser. Instead these laws force amazon to pay sales tax on all sales where the purchaser lives in a state where there is a…

Amazon (or more accurately, the purchaser) should be paying all sales taxes in the state where the purchaser lives, period. Seems cut and dried to me. If the corner store has to run sales tax, Amazon should too. I don't see why a "[adjective] business decision in the face of [adjective] and [adjective] legislation" is in any way different from "skirt paying sales tax".

You say it's "cut and dried" at the same time that you are clearly reaching beyond what the laws say. It is not cut and dried as to what one state may make a resident of a completely different state do. Amazon probably is correct, and forcing Amazon to collect sales tax for your state probably is an overreach.

It should be pointed out, since so many people forget this in this discussion, that as a resident of a state you are frequently required to pay the sales tax to the state directly in the form of a "use tax". This isn't about consumers owing sales tax, technically the states have already made that happen. It isn't about Amazon "not paying" this tax, because it is the consumer's responsibility at that point. It is about one state forcing an entity not in its jurisdiction to do something for the convenience (and little more) of that state. Amazon's got a pretty strong case here; any principle that makes this compulsion legal is likely to have numerous and manifold "unanticipated results" beyond merely getting Amazon to collect tax.

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