Feds Pushing Internet Sales Tax Again - Will Affect US
Mar 13, 2018 20:39:17 GMT
chapeaunoir likes this
Post by val2525 on Mar 13, 2018 20:39:17 GMT
Congress is up to it again, trying to pass the Remote Transaction Parity Act. Bill synopsis here.
A link to write your congresspersons, via eBay Main Street is here.
The bill's sponsor is trying to get the bill attached to the upcoming budget bill.
On the surface, it appears the bill won't affect most of us, as we're under the selling caps. *Yawn* Who cares?
This time, however, it may seriously affect us. Look closer:
From the bill: "Under the remote seller exception, a state may only require the collection of sales and use taxes by a remote seller if the seller: (1) has gross annual receipts exceeding specified amounts, which are phased in from $10 million for the first year following the effective date, to $5 million for the second year, and $1 million for the third year; or (2) utilizes an electronic marketplace for the purpose of making products or services available for sale to the public."
Two important things to consider here.
First, note that doesn't say "and", it says "or". Logic tells me that since we "utilize an electronic marketplace for the purpose of making products available for sale to the public" (eBay), we may be liable for collecting and remitting sales taxes in all states regardless of our sales amounts.
Second, the timing of the push of this bill for inclusion in the larger budget bill is suspicious. It was introduced last year and referred to committee. That's normal. The Supreme Court is scheduled to hear South Dakota vs Wayfair next month, which is expected to have a significant bearing on whether or not states can tax out of state sales without nexus. The case will either strengthen or reverse the decision in Quill vs North Dakota, which only allows tax collection in states where the seller has nexus. The bill has not made it out of committee, most likely due to the upcoming court case. The fishy part: the Rep pushing for inclusion of the bill on the budget vote is Noem, who is from South Dakota. The GOP candidate for governor of South Dakota in the upcoming election is the attorney representing the state in the court case. If Congress passes the bill, it won't matter what the Court decides next month, as the bill will be signed BEFORE the court case and will override the court decision. It will be a big win for Noem, the attorney/governor candidate, and South Dakota - of which both candidates represent, and it will be in an election year. Coincidence? I doubt it.
I'm writing all of this to ask everyone here to please use the eBay Main Street link to contact your senators and representatives, AND to also ask you to contact your congresspeople directly as well. Further, add this info to your personal or business facebook page (or both) and help spread it around.
I'm actually not opposed to collecting and remitting state level only sales tax (provided there were a central filing location) but I am opposed to having the wool pulled over my eyes by two politicians who are so afraid they'll lose the court case that they'll willing to screw every small internet seller out there. The rest of you should be equally enraged.
A link to write your congresspersons, via eBay Main Street is here.
The bill's sponsor is trying to get the bill attached to the upcoming budget bill.
On the surface, it appears the bill won't affect most of us, as we're under the selling caps. *Yawn* Who cares?
This time, however, it may seriously affect us. Look closer:
From the bill: "Under the remote seller exception, a state may only require the collection of sales and use taxes by a remote seller if the seller: (1) has gross annual receipts exceeding specified amounts, which are phased in from $10 million for the first year following the effective date, to $5 million for the second year, and $1 million for the third year; or (2) utilizes an electronic marketplace for the purpose of making products or services available for sale to the public."
Two important things to consider here.
First, note that doesn't say "and", it says "or". Logic tells me that since we "utilize an electronic marketplace for the purpose of making products available for sale to the public" (eBay), we may be liable for collecting and remitting sales taxes in all states regardless of our sales amounts.
Second, the timing of the push of this bill for inclusion in the larger budget bill is suspicious. It was introduced last year and referred to committee. That's normal. The Supreme Court is scheduled to hear South Dakota vs Wayfair next month, which is expected to have a significant bearing on whether or not states can tax out of state sales without nexus. The case will either strengthen or reverse the decision in Quill vs North Dakota, which only allows tax collection in states where the seller has nexus. The bill has not made it out of committee, most likely due to the upcoming court case. The fishy part: the Rep pushing for inclusion of the bill on the budget vote is Noem, who is from South Dakota. The GOP candidate for governor of South Dakota in the upcoming election is the attorney representing the state in the court case. If Congress passes the bill, it won't matter what the Court decides next month, as the bill will be signed BEFORE the court case and will override the court decision. It will be a big win for Noem, the attorney/governor candidate, and South Dakota - of which both candidates represent, and it will be in an election year. Coincidence? I doubt it.
I'm writing all of this to ask everyone here to please use the eBay Main Street link to contact your senators and representatives, AND to also ask you to contact your congresspeople directly as well. Further, add this info to your personal or business facebook page (or both) and help spread it around.
I'm actually not opposed to collecting and remitting state level only sales tax (provided there were a central filing location) but I am opposed to having the wool pulled over my eyes by two politicians who are so afraid they'll lose the court case that they'll willing to screw every small internet seller out there. The rest of you should be equally enraged.
