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Cruz Takes a Brave Stand on Internet Taxes

Sometimes doing the right thing in Washington means calling your allies out when they’re in the wrong. It’s a brave move for any lawmaker, and one we don’t see often enough in the halls of the Capitol.

That’s why its important to acknowledge Senator Ted Cruz’s brave decision to speak out against shadowy backroom dealings between Democrats and Republicans.  This shadow plan would sneak into law Sen. Reid’s new internet tax burden, the Marketplace Fairness Act, before the new Republican Senate arrives in January.

“There are some voices in Washington who want a lame duck precisely so they can engage in corporate welfare and blame it on the Democrats,” Cruz told National Review Online. Read more

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A Lame Bill for a Lame Duck: Senate Eyes Sneaky Strategy for Internet Taxes

As a general rule, the less you hear about a particular political strategy, the more you should worry about it. So it’s telling that an effort by the Senate to impose a radical new Internet sales tax regime during this year’s lame-duck session is being planned in secluded Capitol hallways, far from public scrutiny.

We wonder what good, if any, will come from Senate Majority Leader Harry Reid’s, D-Nev., intention to attach the ironically-named Marketplace Fairness Act — a bill that requires online retailers and catalogs to collect and remit sales taxes to nearly 10,000 U.S. tax jurisdictions — to the Internet Tax Freedom Act — a bill that would prevent new taxes on Internet access charges.

READ MORE AT ROLL CALL

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Overstock Calls Out Problems with Senate Internet Tax Bill

Today, NetChoice member Overstock penned an op-ed in Roll Call laying out the fundamental flaws with the Senate’s Marketplace Fairness Act (MFA).  In his Roll Call post, Overstock Chairman Jonathan Johnson reiterated his call that any federal bill must include a complete preemption of state law — the federal solution is the only way to allow state tax collectors to reach beyond their borders.  Of course the Senate’s bill does nothing to preempt states.

But lack of state preemption isn’t the only problem Johnson cited with MFA. Read more

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Coalition Letter in Favor of a Permanent Internet Tax Moratorium

Dear Senators,

On behalf of the undersigned, we encourage you to pass a clean permanent extension of the Internet Tax Moratorium, and commend the House of Representatives on passage of H.R. 3086, the Permanent Internet Tax Freedom Act (PITFA).

Senators John Thune (R-S.D.) and Ron Wyden (D-Ore.) have introduced S. 1432, the Internet Tax Freedom Forever Act (ITFFA), which mirrors the House language.  Both ITFFA and PITFA reauthorize and make permanent legislation that has been U.S. national policy since 1998. The clean Internet access tax moratorium overwhelmingly passed the House, and similarly a clean ITFFA will easily pass the Senate, and again protect unfettered access to Internet connections. Read more

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Internet Sales Tax Scheme the Easy Choice For Worst Internet Legislation

When we meet twice a year to put together the Internet Advocates’ Watchlist for Ugly Laws (iAWFUL), we’re looking at two key factors: the relative awfulness of the bill or law and it’s likelihood of taking effect.  It’s rare that one measure tops both categories, but for the August 2014 list, the choosing the worst of the worst was morbidly simple.

The ironically titled Marketplace Fairness Act (MFA) has been a fixture on the iAWFUL since we first introduced the list – thanks to the unique burdens it seeks to impose on Internet sellers and customers.  But as bad as MFA is, the awfulness of the bill has always been tempered by our confidence that right-thinking lawmakers wouldn’t allow it to pass in its current, fatally flawed form.  Read more

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Internet Sales Tax Winners and Losers

Last week, the National Bureau of Economic Research released a report that identifies the real winners of a new online sales tax regime. To the surprise of no one, the study found that small businesses struggling on MainStreet should not expect the taxman to be their savior.

Everyone likes and roots for small entrepreneurs. We know the people in our community who run local retail and we respect what they do. Their efforts are felt and admired on a daily basis. That is why the generic idea of supporting Main Street is so powerful.

But, in the case of online taxation, we now have proof that Main Street won’t see a boost in sales if the Marketplace Fairness Act (MFA) is passed. Read more

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Spring 2014 iAWFUL List – Consumers in the Crosshairs

Twice a year, the team releases an updated iAWFUL list. The list provides a concise collection of both active and proposed legislation that would present a significant non-market barrier to Internet commerce.

This year’s list is full of legislative efforts run amok. As legislators and regulators fall over themselves in a race to regulate Internet services, many are doing more harm than good. In many cases unfamiliarity with technology or misinformation is driving action.

Data breaches and privacy concerns have whipped elected officials into action, but as the 2014 iAWFUL list finds, elected officials are making things worse. Read more

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Changing the Conversation about Fairness in Internet Taxation

Earlier today we had the opportunity to present members of Congress with a workable alternative to the unfair and unconstitutional Internet sales tax measure that was rammed through the Senate last year. Other witnesses were given the same opportunity, so it’s a shame they didn’t make the most of it.

Last year, the House Judiciary Committee, led by Chairman Goodlatte, took on the daunting challenge of trying to repair the Marketplace Fairness Act (MFA), a broken bill that emerged from the broken process of the US Senate, who failed to hold a single hearing and then blocked all floor amendments.

The House Judiciary committee’s first response to this challenge was to publish principles to guide any effort to overturn today’s standard, where every business must pay sales tax for any state where it has a physical presence.    The good news is that these principles were sensible, smart and workable. The bad news is that the bill passed by the Senate violated every single one of them. Read more