Ramblings of an old Doc

 

The Marketplace Fairness Act… at least it used to be called that, is now being pushed through the Senate. Thanks for the “fairness”. They probably won’t even read it… as usual.

“Proponents argue the proposal confirms the ability of states to charge sales taxes as they see fit, and they have begun to frame the issue as a matter of states’ rights. In a letter to the Senate, David French of the National Retail Federation argued the tax changes are needed to modernize the market.”

- http://news.heartland.org/newspaper-article/2013/04/19/major-online-sales-tax-bill-being-rushed-through-senate

What Mr. French doesn’t relate to is the fact that allowing one state to tax a resident of another state (we’re not talking income tax) is a significant expansion of state taxation power which should end at the state’s border (logically). Now, tax collection would occur where the customer is located, not the business. That won’t be tolerated for long. By removing the actual physical presence standard and as a result of tax competition among the states, this would probably increase the taxes on everyone by the state where the business is located levying some sort of fee on the business selling the goods. This legislation encourages states to collect taxes across their borders from businesses with no recourse. Thus states will compete for revenue by increasing cross-border taxes, rather than lowering taxes. An incentive to raise taxes can never prove beneficial.

Another shot in the neck of the businesses and consumers. In the end, it will, of necessity, hurt our overly robust [insert sarcasm] economy. Typical.

The other byproduct of this benighted legislation will be the establishment of yet another crazy precedent. Once passed, the amendment would be used as an exemplar and precedent for other bills that dramatically expand state tax authority have enough support to be fast-tracked to the floor of the Senate without adequate discussion in committee… clearly in just whose interest? Not mine.

Just to let you know why those great deals you used to get on the net will be disappearing.

Source:

http://news.heartland.org/newspaper-article/2013/04/19/major-online-sales-tax-bill-being-rushed-through-senate


Comments (Page 4)
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on Apr 23, 2013

I wholeheartedly agree Seleuceia with the definitions you have found. Unfortunately, this is not the perfect world and everyone, (meaning state and fed) has their hand out for that slice of tax pie...

on Apr 23, 2013

Hilarious, really.  Use a dictionary to argue a legal matter and miss basic facts.

 

When does Amazon, and any other honest retailer, charge your credit card for the purchase?  When they ship it and the good becomes yours.  Placing an order is not making a purchase.  Where you pay is at whatever workstation someone working there enters the shipment into, triggering the exchange of property.

 

By your logic, this is all true.

By simply traveling a few miles to cross the border, I can change where the sale occurs and do all my online shopping in Texas.  My phone is quite capable of placing orders from the border.

I don't live in the city limits, so when I phone in an order to Pizza Hut, I wouldn't have to pay the city's sales tax.  The order was placed at home.

I could have all my goods delivered, bypassing the local taxes while doing my commerce from home.

 

The legal definitions are, and have been for decades, the exact opposite of what you're claiming.  You'll end up with this bastardized idiocy as a result, having it both ways.  They will simply apply whichever collects a tax.

on Apr 23, 2013

Phoned-in orders and online orders are fundamentally different...when I phone in an order, an employee on the other end of the line is completing the transaction, not me...they, not I, are using my information (such as a credit card) to complete a purchase and will generate the "title" (or receipt) at their location...

If I make an online purchase, however, my credit card information and my proof of purchase all come and go through the terminal I am using....bottom line is that the point of sale is where this "terminal" is: for online purchases that's at the location of the buyer, for phoned-in purchases that's at the location of the seller...

psychoak
When does Amazon, and any other honest retailer, charge your credit card for the purchase? When they ship it and the good becomes yours.

When your credit card is charged is a very ambiguous point in time....as an example, I think we would both agree that if I ate at a restaurant and paid there with my credit card, the point of sale would be where I gave them my credit card and they gave me a receipt...of course, that purchase would not immediately show up on my credit card...in fact, it may not even show up for several days even though the point of sale is in the past...the same thing works with debit cards, which can experience lag of a few days...therefore, the point of sale does not coincide with when the card is actually charged (as in when you lose your money or it shows up on your account), but rather with when the card is used because that is when I got my receipt or proof of purchase...

 

It is no different for online purchases....as soon as I submit my order (which includes my payment information), I will get a "receipt" or confirmation order...that is my "title", that is my "receipt", and therefore that is when the sale occurred...

on Apr 23, 2013

G_Bison
Unfortunately, this is not the perfect world and everyone, (meaning state and fed) has their hand out for that slice of tax pie...

Unfortunately indeed.....

on Apr 23, 2013

For real, a rain tax!!!! When and where is this crap going to end. Next thing you know, they are going to charge you how much you weigh when you fly. Oh yeah, they already doing that too...

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