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Amazon.com cuts California sales tax deal in stunning turnabout

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Re: Amazon.com cuts California sales tax deal in stunning turnabout

#41

> While Democrats and Gov. Jerry Brown fretted that they would lose $200 million a year in sales taxes California residents are supposed to pay use tax on internet purchases regardless of the physical presence of the retailer, right? Running the math: the $200 million/year loss that they claim is an estimate on tax fraud on just Amazon purchases? At a 7.25% tax rate, that's a tax on $2.7 billion in sales, and Amazon'…

The rate of buying products online isn't going to be the same in every state, and it's reasonable that it would be slightly higher in CA than in other states. And on use-tax: have anyone ever met someone who paid use-tax on goods purchased from Amazon? Most consumers don't even know they're supposed to, and audit enforcement is expensive and therefore uncommon.

I did. I think it's reasonably clear in the state tax forms that you're supposed to pay use tax, and the clean conscience was worth the $13 or whatever it was.

Obviously, though, as you say you can pay nothing without suffering any consequences.

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#42
Very good! I can start shopping Amazon again with a clear conscience.

I say this not as sarcasm but as literal truth. I know many HN'ers disagree that they were doing anything wrong -- but personally, their behavior turned my stomach and I was avoiding buying anything from them which I could easily get elsewhere.

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#43
post #33

Earlier quoted context omitted.

In California there are different tax rates for every county in the state. see http://www.boe.ca.gov/cgi-bin/rates.cgi

They have different rates even down to the city level take a look here http://www.boe.ca.gov/cgi-bin/rates.cgi?LETTER=A&LIST=CI...

In my home town of only 50K (before the tornado, it's Joplin, MO) there are sections of the town with their own additional sales tax, the theory is to improve that particular business district or to pay for the city's contributions to it (e.g. intersection upgrades). On thing I'm noticing as I work with receipts for my insurance claim is that of the three Wal-Marts in two cities we did and now shop at (the one we used to exclusively go to was destroyed and is rebuilding) each has two different sales tax rates (don't forget that rates also depend on what is being bought, e.g. food of certain types is taxed less). And then there is the statewide state sales tax holiday for certain back to school supplied in late August....

This is serious nightmare ... but much less so for a company of Amazon.com's scale than a potentially dangerous to it upstart.

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#44

Very good! I can start shopping Amazon again with a clear conscience. I say this not as sarcasm but as literal truth. I know many HN'ers disagree that they were doing anything wrong -- but personally, their behavior turned my stomach and I was avoiding buying anything from them which I could easily get elsewhere.

Couldn't you buy from Amazon and then report the purchase (as required by California law) to the State and pay the tax?

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#45
post #38
post #20

Earlier quoted context omitted.

Somewhat unlikely. Amazon has a number of wholly-owned subsidiaries in California with sizable technical staffs: A9 (search; Palo Alto), A2Z (mobile/media product development; 5 California offices), Alexa (analytics; San Francisco), and probably others. There's also a Northern California EC2 Region. That's a very strong 'nexus' that would cost them a lot (in money and talent) to uproot. I suspect Amazon sees the way…

You've just cited a bunch of companies that are separate entities owned by Amazon. US courts have a very strong presumption against attributing the acts, economic or otherwise, of a corporation to its owners. It would be virtually impossible for California to win in court on the grounds of A9, A2Z, Alexa, or Amazon AWS having offices in California. None of those companies are involved in Amazon.com's separate retail…

Most individual states would disagree, especially when the wholly-owned subsidiary exists primarily to avoid taxes.

If Amazon's technique was legally unassailable, they wouldn't be paying sales tax even in the 5 states where they already do. They'd just assign whatever creates 'nexus' in those states to new 'non-selling' subsidiaries.

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#46
post #44

Very good! I can start shopping Amazon again with a clear conscience. I say this not as sarcasm but as literal truth. I know many HN'ers disagree that they were doing anything wrong -- but personally, their behavior turned my stomach and I was avoiding buying anything from them which I could easily get elsewhere.

Couldn't you buy from Amazon and then report the purchase (as required by California law) to the State and pay the tax?

Sure, but doing so is practically harder even than itemizing your taxes. It's not like you can just PayPal the money over right when you make the purchase.

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#47
post #25

Earlier quoted context omitted.

Amazon has 33k employees [1], estimated; they can figure it out. Also, I'm positive there's at least one company selling such information -- thousands of other retailers, most much smaller and much less technically sophisticated than Amazon, still manage to make it happen. This is an idiotic excuse. [1] http://en.wikipedia.org/wiki/Amazon.com

Actually, I'm pretty sure you're wrong about companies selling this information. Smaller retailers manage to avoid this hassle by... not having to pay sales tax for out-of-state purchases. That might be whats behind Amazon's change of heart. This will be difficult for them, but its probably impossible for smaller retailers. It might be expensive in the short term, but it protects them from competition in the long run…

I think GP was suggesting that there is at least one company selling software that will allow you to compute sales tax on an order, not that companies are selling their order book to states for the purpose of use tax enforcement.

Without endorsing the product, here is one vendor's product page: http://onesource.thomsonreuters.com/solutions/indirect-tax/s...

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#48
post #28
post #25

Earlier quoted context omitted.

Amazon has 33k employees [1], estimated; they can figure it out. Also, I'm positive there's at least one company selling such information -- thousands of other retailers, most much smaller and much less technically sophisticated than Amazon, still manage to make it happen. This is an idiotic excuse. [1] http://en.wikipedia.org/wiki/Amazon.com

Yes, Amazon does. But if it applies to Amazon then it will apply to all the other smaller internet retailers as well. The historical precedent was that it creates an undue burden on said retailers who have to collect such a tax. It's not an excuse , it's a Supreme Court ruling.

it's an excuse. Thanks to sokoloff for digging it up, but here's at least one software suite that does just what I sugggested:

http://onesource.thomsonreuters.com/solutions/indirect-tax/s...

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#49

Earlier quoted context omitted.

From another point of view: what if you're not Amazon and doing online retail in California? Amazon now has a one-year price advantage. Is it enough to disrupt market share in that state?

Amazon is not currently collecting sales tax in California, so there's no change until Sept. 2012, when it will start collecting sales tax in CA (assuming this goes through.) It's business as usual until then.

Everyone selling things online in California is supposed to be collecting sales tax as of July 1st. This delay until September 2012 applies only to Amazon.

Everyone else selling online in CA with similar areas (Zappos, Barnes and Noble, etc) still needs to pay the tax this year.

Re: Amazon.com cuts California sales tax deal in stunning turnabout

#50
post #20

Earlier quoted context omitted.

Or maybe just buy them enough time to close up operations in an orderly fashion and leave California. I'm not sure if Amazon has a physical presence in the state but if they have a distribution plant or other company owned assets this will give them time to relocate. I believe Amazon had already notified their affiliates that they were terminating the relationship when the law was passed (similar to what they do when…

Somewhat unlikely. Amazon has a number of wholly-owned subsidiaries in California with sizable technical staffs: A9 (search; Palo Alto), A2Z (mobile/media product development; 5 California offices), Alexa (analytics; San Francisco), and probably others. There's also a Northern California EC2 Region. That's a very strong 'nexus' that would cost them a lot (in money and talent) to uproot. I suspect Amazon sees the way…

Another wholly-owned subsidiary in California: Lab126, the Kindle company.
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