US Senate approves proposed Internet Sales Tax
techcrunch.com
techcrunch.com
"Undue burden on interstate commerce" comes from the negative implications of the Commerce Clause, which gives Congress power over interstate commerce and prevents states from putting an undue burden on interstate commerce in an area where Congress has not legislated. If states impose sales tax pursuant to an act of Congress, then there is no Commerce Clause concern since Congress does have the authority to regulate interstate commerce.
http://en.wikipedia.org/wiki/National_Bellas_Hess_v._Illinoi...
http://www.infoplease.com/cig/supreme-court/sales-taxes-mail...
The relevant distinction is that Congress cannot pass legislation to allow the states to violate the 14th amendment. It can, however, pass legislation that allows the states to burden interstate commerce since if Congress has sanctioned it than any such state legislation doesn't infringe on Congress's power.
I hate this incorrect terminology. Amazon merely collects sales tax on behalf of the state. The state is the one charging the sales tax.
I noticed that items that are sold by Amazon always incur NY tax, but items sold by independent retailers who sell through Amazon's site often don't incur tax.
I recall reading [2] that Amazon actually supports the federal legislation though, because they're slowly moving towards having a 50-state presence anyway, as things like grocery delivery and same-day delivery become a bigger part of their strategy.
[1] http://www.reuters.com/article/2013/02/06/us-tax-amazon-cour...
[2] http://www.slate.com/articles/business/small_business/2012/0...
Technically residents of a state are supposed to pay "use tax" if not collected by the seller. Of course almost nobody does this... my hunch is that doing it once would invite perpetual persecution from the state department of revenue.
If I wanted to come into compliance here, I'd have to save all of my reciepts from every time I shop online, and probably hire an accountant to figure out all the extra tax I owe. This doesn't sound interesting to me, or enforceable by the government. However, online stores collecting this for me could be a value add in some ways.
Let's take a look at the free market though (although I get that issues of tax law cannot be fully free as they start in a non-free place). What if online retailers _offered_ to collect the tax for me, with the note that you owe it either way and they're trusting you to pay it on your own otherwise? I would likely opt-in much more often. Similar to suggested tips increasing tipping in NYC cabs, this might move the needle in the right direction.
What we have right now is a situation where some stores collect taxes in some states. As a consumer, I would prefer it if all stores collected taxes for all states, for three reasons. First, I wouldn't have to figure out which stores already collected taxes, so it would save me time. Second, because I like seeing how much I'm going to pay for something, taxes included, at the time of purchase. And third, because I believe that taxes should be levied fairly and consistently, and that would put online stores on the same footing as brick-and-mortar stores, and honest taxpayers on the same footing as people who are inclined to see what they can get away with.
As a startup founder, however, I'm less enthusiastic. The process of filing taxes in all 50 states would be a huge burden. If a national sales-tax clearinghouse existed, it would be a different story, but under the status quo, it's just too much paperwork for a small company to handle.
It would be interesting to have some numbers on collectibility, though. Both income taxes and sales taxes can be dodged (black-market purchases and out-of-state online purchases are two common ways of dodging sales taxes). There are a number of examples of states raising either one, and it'd be interesting if someone has extracted data on the results.
I'd hazard an educated guess that the percentage of income spent by the poor online is tiny. Both because the above factors and also because the majority of spending for those group is going on rent, groceries, vice (cigarettes and alcohol) and transport which aren't commonly bought online in any case.
This is not true in the US, where your debit/bank card is also a VISA/MasterCard fully usable online. Even people with zero credit can easily spend money online. If you have a bank account in the US, there are effectively no barriers to spending the money in it, online.
Would appreciate any links that anyone might be able to provide for further reading or data related to this topic...
See this press piece by Walmart:
http://news.walmart.com/news-archive/2012/04/26/walmart-anno...
There's also several startups in this space like Fuze Network and PayNearMe.
In practice, you could tax one thing everyone elses (like food) and just wait it out, and all money will eventually route itself back through the taxed exchange. The point of such taxes is to take a fraction of all exchanges.
Though, I'd rather they solve the problem of why a black market needs to exist than try finagling a tax solution on it. You have to go back to the drawing board and ask "what is there a demand for we have artificially restricted such that it is forced onto a black market?" and see that tremendous potential tax revenue for what it is.
I'd suspect that many online retailers would be forced to go down the path of outsourcing most of this using something like Shopify or similar -- it's just a lot of tax rates and calculations to keep track of, not to mention report on and optimize for!
I see a great opportunity for a webservice startup here.
Though I'm sure there is an opportunity to help small companies since most companies who currently need to manage national sales taxes are large (have a presence in every state).
This is one of the companies that collects a giant database of jurisdictions and tax rates, as well as a db mapping SKUs to jurisdiction-specific tax categories: http://tax.cchgroup.com/sales-tax-data/default.htm?cookie_te...
Encouraging savings and reducing consumption might be good things for society, but it seems that they hurt the economy (less trade, fewer jobs) rather than benefiting it.
So the "good thing" would have to come from Congress. Good luck with that.
I love the idea, but I do not believe this is a better solution to sales and employment tax.
Can anyone think of any downsides to this?
EDIT: Yikes, I leave for half an hour and come back to a maelstrom of comments. So, to acknowledge one of your points, it could be difficult to categorize what is or isn't a luxury item. But, c'mon, is a $90,000 car really a necessity? I think it's easy to tell which items definitely aren't necessities.
The general idea (and I'm probably missing some of the significant points, but this is a rough outline) is that there would be no income tax at all — all taxes would be on consumption. Rather than trying to regulate what is taxed and what isn't, everything would be taxed at the same rate.
To fight any regressiveness involved in that, everyone would get a set amount of money every year, which is equal to the consumption tax you'd be paying on the first, say, $30K of purchases a year. So if the consumption tax rate is 25%, you'd be given $7,500 a year. (The term they use is "prebate.") That way, everyone's first $30K of expenses is a wash. After that point, you're only taxed on the money you spend beyond it. The more you buy, the more tax you pay.
A number of Republicans have been in favor of the Fair Tax, and it was one of the planks of Gary Johnson's presidential campaign last year. But it gets support from Democrats as well, and was one of the main components of Mike Gravel's campaign in 2008.
I'm sure others will point out downsides to it, but one that I know of is that current retirees, who have already paid income tax on some of their savings, would have much less purchasing power under the new plan. That is, they'd be double-taxed on the money used to buy goods under a Fair Tax plan. I believe there's also been skepticism from opponents that the numbers actually work out well enough that a Fair Tax system would bring in enough money (as compared with current tax revenues). [Edit: the double-taxation wouldn't be limited to retirees; they're just the group that's often mentioned as being significantly affected.]
(I'm not an apologist for a Fair Tax approach; just wanted to mention it as one theory for introducing a consumption-based tax in the US, in case you're interested / want to learn more.)
I just remember a few years back when the economy was at the worst we've seen in a while, the government seemed to really push spending and investing in stocks over saving. So if there was no penalty for earning money, only spending it, we'd be back in the same boat.
[1] Disclaimer: I'm certainly not an expert in economics.
Ask yourself one simple question: how does higher consumer spending help the US economy when all that money flows back to eg China? Right now the US is merely a middleman, with service workers that take a small cut for distribution.
China as you'll have noticed is getting wildly rich, at breakneck speed, without the need to constantly push over consumption (their savings rate is doing just fine).
America needs a lot more savings, capital investment, and production, and a lot less spending. We had this algorithm decades ago, and we were extraordinarily rich accordingly, and were far better off with a lot less consumer spending as a ratio of our economy.
To paraphrase Warren Buffett: you get rich producing things, and you get poor buying things.
China figured out how it works. Their economy more closely resembles the US economy of the early 20th century, in terms of production vs consumption. The arguments being made for China to consume more, are arguments in favor of China handicapping itself to allow others to compete more easily.
isn't VAT universally hated?
Still, VAT is a taxation scheme that actually makes some sense. Is it really hated? Why would it be hated?
If you're "poor" and you spend 90% of your income on goods, you're getting taxed on 90% of your income.
If you're "rich", you spend 10% of your income on goods and just put the rest in other investments. This means that only 10% of your income gets taxed.
How about food? Is a $250 dinner at Saison a necessity? $5 dinner at McDonalds? $20 per pound imported beef at the grocery store?
$200 jeans vs $80 vs $20?
Are glasses a luxury item? How about Google Glasses?
How do you define it? The devil is always in the details with laws and especially tax law, you can't just hand waive this kind of stuff away.
http://www.monbiot.com/2013/01/21/a-telling-silence/ http://www.newstatesman.com/blogs/mehdi-hasan/2012/02/land-t...
Land value taxes are among the most evil possible. It's no coincidence land value taxes are so commonly related to extreme Socialism and Communism ideologically.
Modern property taxes are a pretty horrendously vile tax on average people as well and are extremely regressive. The notion that you can work your whole life, pay off your average house, and still owe $2,000 per year in property taxes should be an outrage. $20,000+ over ten years? That destroys all the value return a typical home owner can ever expect to earn on their house. For most people, a house is the largest investment they'll ever make, and property taxes help destroy that. Not to mention the terrible idea that your paid for house can then be stolen because you don't pay the tax.
People need space - forcing them to live in small areas will not work out well.
I'm not a luddite and I appreciate the things that technology enables for me, but I appreciate those things even more because I realize I don't need them.
As such all that’s needed to access that information is not a luxury item. I agree that nowadays it’s possible to inform oneself equally well if one can access the internet (and a newspaper subscription was always a possible substitute), but I think it would be wrong to privilege certain forms of access to information, not the least because certain forms of accessing information might be harder or easier to use for certain groups of people. Consequently privileging, say, internet access would potentially exclude certain people from the political process.
Mass media plays a central and important role in the democracy of any larger democracy. Its existence is vital and as many people as possible should have access to it.
Plus, if you really wanted to tax TV's and not computer monitors, they're usually different SKU's and accept different inputs. If it has HDMI, coax, or component inputs, tax it as a TV. VGA, DVI, DisplayPort, Thunderbolt, tax it as a monitor.
Okayyy......
What I'm trying to get across is that it is totally pointless to complain that an internet comment isn't exhaustive in its detail.
HR 684 is the corresponding bill in the House. http://hdl.loc.gov/loc.uscongress/legislation.113hr684
edit: replaced with permlinks
[1] See the pie chart on pg. 4 here: http://eadiv.state.wy.us/s&utax/Report_FY11.pdf
Dear internet - we fail at politics.
[1]http://www.senate.gov/legislative/LIS/roll_call_lists/roll_c...
On the other hand, this will benefit brick and mortar stores.
Competition between brick and mortar stores and Amazon is a smokescreen. Tax deals are given to big box stores all the time, to this day. The whole "protecting small business from online competition" angle is a ruse.
Hence inventions like Canada's "goods and services" tax.
You can partition by B2B, B2C, B2G, whatever, but at some point it has to stop being a pyramid scheme, and that point is with the consumer who are generally able and willing to consume more if taxed less.
Before you can consume anything you have to first produce something (unless you have credit, and that won't last very long unless you have produced something or are going to).
Try consuming before you produce. It's a logical failure that modern economics tries to pretend doesn't exist (and we can see how far that has gotten many economies today).
For obvious examples of production over consumption, see: China, or the US before hyper consumption took over a few decades ago. Savings + capital investment + production = wealth. Lack of savings + spending + lack of production = poverty and debt (aka modern America).
All that does is mean that the fruits of a producer's labor generates a lot more wealth for other people, at a lower tax rate. That necessarily means we have to seek higher salaries, which requires higher investments, which necessarily means gains will be smaller, resulting in less ROI for investors.
Placing more of the tax burden on the people building value doesn't make much sense, since they have to live, too.
But it doesn't really work that way. Producers are typically the majority of the consumers as well, and that's money that ends up back in companies as capital that ultimately is more valuable than investor capital, since it's renewable and with a profit margin doesn't gain equity and increase in value like investor capital. But in a sense, then consumers are investors, just a different type, but they're being taxed more highly, so they can't afford to consume as much, so they invest less capital in companies.
There's a cost of living, too, that you can't ignore. If producers contribute more of their earnings to taxes and have less to live on, then the margins are smaller and they necessarily need to seek higher income to offset the taxation -- which results in their production capital becoming more expensive, which makes investor capital less potent as well.
I don't see a good argument at all for taxing people who work for their money, because all of those argument circularly apply to the working people as well, and logic would dictate that it impacts the value of capital and ultimately leads to fewer jobs. Lower producer taxation and higher taxation on investor gains may reduce the available capital (but not necessarily the amount invested) but it also reduces the cost of other forms of capital, while increasing the amount available for investment from producers. That means a much larger class of people have more room to live well and spend, versus a few living well and spending. To put it really simply: higher income taxes and lower investment return taxes results in financial segregation while the opposite tends to destroy it. It's clear, given that basic fact, why some argue for or against it. It also changes the types of investments companies need to seek, which may or may not be a bad thing.
My point was emphasis on production is extremely lacking in the US today. Presidents pay lip service to it (and absolutely nothing else), meanwhile China is beating our pants off by actually focusing on it. My other point was, production is more important than consumption (because the one must come before the other, not to say you don't need consumption of course).
You turn on the TV and every talking head says the same thing: consumption is 2/3 of the economy. So in their world we need more consumer spending - more people buying junk they don't need from China so China can get richer while we get poorer. When you put that into a logical context, it's comically absurd. Where do those talking heads think the money to consume comes from? 100% of it comes from production or credit, with the ability to spend being a left-over fractional fruit of production (aka the profit from producing something).
The cost of a house has doubled in 15 years (and housing is currently spiking again while real unemployment is 14%, thanks to the Fed's massive housing inflation). The cost of gasoline has gone up 3 to 4 fold in the same time frame. The cost of groceries have followed a huge inflationary curve over the last 15 / 30 / 50 years. Ditto the cost of a vehicle.
Rich people can shield their money from inflation (easily in fact), average or poor people cannot shield their incomes from inflation. That simple fact is responsible for a huge destruction in standard of living in the US. Incomes have not even remotely kept up with inflation.
Incomes are stagnant or declining in real terms we can agree on that. While low interest rates and easy credit are an element of that, why blame it on the "Fed" when easy money is happening the world over? After all, it is easy for average or poor people to shield their income for inflation, it is called getting a raise. Problems arise when the economy and tax system values capital over work - which was my original point.
There are states with no sales tax, but I think you'd have trouble persuading those that have one to give it up.