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4 comments

1 FreedomMoon  Thu, Mar 10, 2011 7:44:05pm

Something tells me some “little-guy main-street” corporations and businesses with big pockets and a lot of leverage had something to do with this. I hope this gets taken to court.

2 FemNaziBitch  Thu, Mar 10, 2011 7:55:49pm

I don’ think so. State needs revenue and all other business’s with a brick and mortar presence in the State are taxed.

If Amazon has a warehouse or other such facility here, tax is appropriate.

I don’t have to like it, but it is what it is. I’m rather amazed it has taken so long to get the tax instituted.

I expect more states to follow suit and the federal government to find a way to get their cut as well.

I’ve learned that there is a constant in business: Everytime money changes hands, someone get’s a cut. Usually several someones, bank fees, taxes, etc.

3 Velvet Elvis  Thu, Mar 10, 2011 9:14:41pm

I think TN has this but you’re left on your own to report and pay the tax yourself. If you buy anything online and don’t pay sales tax you’re breaking the law, but nobody will come and collect it.

4 lawhawk  Fri, Mar 11, 2011 9:56:36am

This issue is coming up in state after state. CO had a reporting requirement on out of state retailers held up with a preliminary injunction over possible Commerce Clause violations putting disparate requirements on those out-of-state retailers to report information to the Revenue Department.

Other states have tried getting around Supreme Court cases on treatment of sales tax - Quill, in particular, and federal law on restricting taxes on the Internet but have pretty much failed. Quill found that an out-of-state mail order company that sold goods to North Dakota customers but that had no physical presence in the state to collect North Dakota use tax violated the Commerce Clause, and not the Due Process Clause, of the U.S. Constitution.

The end result is that if states want to enact a constitutionally acceptable sales tax on out-of-state retailers, the Congress is going to have to enact law overturning Quill and its progeny and specifically enabling states to collect sales tax on out of state retailers based on economic presence, and not just physical presence.


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