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States already can tax out-of-state purchases, but rarely do so

Posted: June 22, 2012 - 12:03am

WASHINGTON — For the umpteenth time, senators and representatives of both parties have introduced bills to subject Internet and catalogue sellers to the same sales tax collection and remittance obligations that apply to local, bricks-and-mortar sellers.

Mercifully, the latest attempts to ensure “fairness” and to protect “Main Street” from the ravages of interstate commerce will go where all previous efforts have gone: nowhere.

There is no “sales tax exemption” for out-of-state vendors. State and local sales taxes are owed by consumers, not producers. If the good or service is provided by an in-state firm, that firm must collect the applicable sales tax from the consumer. If the stuff comes from a “remote” seller that has no contact with the consumer’s state, the sale is not “tax-free”: the consumer owes a “use tax” equivalent to the local sales tax.

However, state and local governments would rather not trouble their own citizens with enforcing that rule. Thus, they demand a federal law that would allow them to impose collection and remittance obligations on out-of-state sellers whose goods or services happen to be demanded, and therefore end up, in the local jurisdiction.

What we have here is not a tax or equity problem but an enforcement problem. And no one, including the state officials and federal legislators who yelp about “fairness,” seriously believes that that problem warrants a central solution.

Apple and its ilk sell valuable software and apps around the globe, much of it “untaxed” when downloaded. If someone proposed that our corporations should calculate, assess, collect and remit sales taxes on products purchased by people in Absurdistan or Zimbabwe — California, a ringleader in the campaign for internet sales taxes, would be unlikely to rejoice over international tax fairness. More likely, it would complain about an unconscionable assault on its industries.

Ignore the globe, and consider the neighborhood: in many states, sales and use taxes vary from county to county and even terminal to terminal. The Dallas-Fort Worth Airport alone sports more than a dozen tax jurisdictions.

Would your local bakery — a five-minute drive away, but quite possibly in a different tax jurisdiction — volunteer to do what the retail lobbies demand of interstate sellers: obtain your address, calculate the applicable tax for each customer and collect and remit it? Hardly!

State politicians who insist on such a system on a national basis — on “federalism” grounds, no less — should first explain why it shouldn’t first be tried in their own states. Whatever happened to states as “laboratories of democracy”?

Even at the state level for which the pending bills are intended, the “tax fairness” argument makes no sense. So long as Delaware remains a sales tax “haven,” buses of shoppers from New York, New Jersey, Pennsylvania and Maryland will keep coming. What are we going to do about it — erect TSA-style checkpoints and collect user taxes at the Holland Tunnel? Have the Delaware malls check shoppers’ driving licenses and collect their sales taxes? Again, unlikely.

“Tax-free” Internet shopping simply expands to consumers across the country an opportunity that has been and always will be available to consumers just across the border of tax-free states. How unfair!

The siren song of Internet “tax fairness” lures some economists who demand that the world should kindly conform to their blackboard efficiency models; it attracts state politicians who would rather regulate and tax outside corporations than their own citizens; and it entices federal politicians and Beltway bandits who relish brawls between roughly matched constituencies such as local retailers versus internet sellers. Neither side can win.

But neither can afford the threat of losing, and so the campaign contributions, consulting contracts and lawyers’ fees keep gushing. It’s a huge waste of money, but a tolerable price to pay for the current messy but tolerable system.

• Greve is the John G. Searle Scholar at the American Enterprise Institute and an adjunct professor at Johns Hopkins University.

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FedTax
7
Points
FedTax 06/22/12 - 06:08 am
1
3

Congress should enact the Marketplace Fairness Act (S.1832)

This OpEd was originally published in response to a much more persuasive (IMHO) and factually correct OpEd by Mr. Matthew Shay (http://goo.gl/q6mGQ).

I appreciate the lengths the author goes through (only at the beginning) to ensure readers understand that the sales tax is already due, and has been for a very long time.

Unfortunately, the author then launches into his "enforcement problem" thesis: that states should simply audit all internet consumers in their state to recover uncollected sales tax. Such an idea is not only cost prohibitive, it is contrary to what consumers are already accustomed to. As a study in Wisconsin recently demonstrated (http://goo.gl/0yzlh) 72% of Wisconsin consumers feel it would be easier if online retailers simply collected sales tax at the time of purchase, exactly like local Wisconsin retailers have been required to do since 1961.

The author continues with fear-mongering tactics suggesting use-tax-checkpoints at state borders. Seriously, are readers likely to accept such a vision? I didn't think so.

The undisputable fact is that technology has come a LONG way since the Supreme Court last ruled on this issue 30 years ago. Anyone (retailer or consumer) can easily determine an accurate local rate anywhere in the country 10 times faster than they can blink an eye (proof: TaxCloud at http://taxcloud.net).

States are asking Congress to acknowledge that the States should have the option and authority to enforce their existing laws regarding sales and use tax (which have been on the books for more than 50 years in most states). The States are also asking Congress to acknowledge and recognize that technology has dramatically changed the calculus of possible "undue burden" cited by the Supreme Court in 1967 (and 1992).

I guess I need to "unfriend" the American Enterprise Institute at John Hopkins now... :(

R. David L. Campbell
CEO
The Federal Tax Authority
Proud creators of TaxCloud (https://taxcloud.net)

Latitude58
14495
Points
Latitude58 06/22/12 - 07:28 am
0
6

Yup, I agree

Implement a federal sales tax. Exempt essentials like food (not soda) and medicines and utilities.

alaska_rick
661
Points
alaska_rick 06/22/12 - 11:22 am
3
1

A federal sales tax? That would not be wise at all.

Sales taxes are used or should be used for local projects; and most importantly the taxes should be directed under local control. When the feds take the money in any way, it is "their money" no longer "ours". We give up all freedom of choice on what to do with our taxes. It comes under the direction of whatever czar our leaders choose to place over us.

We will be forced to "earn" our money back by certain prescribed behaviors. The famous government strings that come attached to all of their gifts and free money. We will pay dearly for any federal sales tax.

And quick as a wink, you will find that we will be adding a supplemental optional local sales tax to make up for what we really need that the feds were supposed to give us but didn't.

So by adding in a federal sales tax we gain nothing but we lose out a lot. And just think about how inventive the bureaucrats can be at withholding funds to a community if they vote the wrong way in a federal election? I am serious.

Not only should we say No to a federal sales tax but "Heck no"

FedTax
7
Points
FedTax 06/22/12 - 05:41 pm
1
0

No one is suggesting a Federal Sales Tax.

The legislation before congress does not create a federal sales tax. Instead it simply says that any state which seeks to require remote sellers to collect their sales tax, must first simplify and standardize thier sales tax laws, so that remote retailers will not be shouldered with any new burdens to collect and remit.

alaska_rick
661
Points
alaska_rick 06/22/12 - 06:22 pm
1
0

@ FedTax

(No one is suggesting a Federal Sales Tax. ) ?

I am sorry but I must have misread the comment by Latitude58. When he said, "Implement a Federal Sales Tax", I took that to mean that he was suggesting a Federal Sales Tax. When he listed exemptions I presumed that everything else was suggested to be taxed.

FedTax
7
Points
FedTax 06/22/12 - 06:50 pm
1
0

@alaska_rick

I agree that Latitude58's comment was likely a misinterpretatation, and I completely agree with your response to any threat of a new federal sales tax. Fortunately, that is not being considered by anyone. The most succinct description of the current situation and the pending legislation I can suggest is my testimony from the Senate Finance Committee Hearing just over a month ago (http://goo.gl/JgRjk).

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