IN TAX

The Internet sales tax issue has been debated for a number of years, but the issue grew to a new level of intensity after the state of California signed into law a bill that required all online retailing sites to pay taxes on their affiliate advertising. This, of course, sparked a big dispute since many online retailers such as Amazon cut off their affiliate programs in the state.

As a result, a lot of the affiliates in the state lost most, if not all, of their revenue.Nick Loper who was among the affiliate victims, spoke to WebProNews back in August and told us that he lost 70 percent of his revenue almost immediately after the law went into effect. He ended up moving to Nevada and starting completely over.

The motive for California’s law was driven primarily by its struggling financial situation. Because many other states are facing similar scenarios with large budget deficits, they too are contemplating related actions. It’s understandable why states want to impose these taxes, but does that make it right?

“The debate about Internet taxation is really an interesting debate, because the sales tax only being a state and local tax is not something that can be easily applied to something that’s interstate in nature, which the Internet and Internet sales clearly are,” he said.

Even before Internet taxes became an issue, states have wanted to impose taxes on interstate companies that provide catalog and mail order services. However, they have not been able to do so because of their constitutional restraints. According to Theirer, the Supreme Court has provided limitations in this area because the states can’t put “discriminatory or unfair burdens” on companies that they don’t have any authority over.

Congress is now trying to get these limitations reversed with new legislation. In August, the "Main Street Fairness Act" was introduced to the Senate. It, in essence, calls for a set of federal guidelines that would dictate how states could collect sales taxes from online retailers.

A second bill, called the "Market Equity Act of 2011 and was introduced to the House last week. It is similar to the one introduced in the Senate but is a little different since it would give states the authority to require retailers, both on and offline, to collect sales taxes even when customers are located in states where the companies have no physical presence.

“What both these measures try to do is find a way to, essentially, authorize a state-based system of taxation for the Internet,” said Thierer.

“The reason, again, that the courts have not thus far allowed it is because, really, the complexity question. It’s not just that the states don’t have authority over interstate vendors; it’s that if they went to actually impose these taxes, it would create a huge burden on interstate sales and trade.”