Don’t Assume the Supreme Court Will Open the Door For New Internet Taxes

State tax collectors are counting on a vote from Justice Thomas to put them over the top. Knowing that Justice Thomas isn’t a fan of the dormant commerce clause, one of the many issues at play in Wayfair, these tax-advocates are already counting his vote.

Too bad they haven’t looked back more than a couple of years. If they did see what Thomas, Kennedy, and Scalia all agreed in Quill, these tax advocates would realize that Thomas may not help them, and in fact, Kennedy might not either.

What is the RTPA, and why does NetChoice oppose it?

The internet has truly changed how we buy and sell products and services. Many businesses have no physical stores, yet consumers anywhere can find these businesses online. The impact of e-commerce has been truly revolutionary for buyers and sellers alike. At the same time, states have grown increasingly concerned about one aspect of e-commerce… Read more>

Small Business Radio - Debating the merits of not taxing Internet sales

Debating the merits of not taxing Internet sales

Could a global congress on trust help control digital fear and greed

Why Massachusetts bailed on remote sales tax collection

Act now on No Regulation Without Representation

Any business that goes online to find customers is finding themselves under siege by regulators and tax collectors from multiple states, despite Supreme Court rulings that limit states’ cross-border taxing powers.

READ MORE at The Hill

Retailers built too many stores and the bubble is bursting

Online retailers have become a convenient scapegoat for brick-and-mortar stores looking to cast blame for the rapid contraction in retail jobs in recent months.

It’s become a such a common refrain in reports about job losses in the retail industry that it has almost become gospel.

But upon closer inspection, it’s clear that retailers have only themselves to blame for the bubble they created—a bubble that is finally bursting.

READ MORE at DigitalCommerce

NPR All Things Considered - Massachusetts tries something new to claim taxes from online sales

Steve DelBianco is on the shameless-tax-grab side. He leads NetChoice, a national trade association representing e-commerce sites. He says under this strange Massachusetts theory, “your business is subject to the taxation [and] regulation in any state where a user simply enters their website address. That can’t hold up to legal scrutiny, because it certainly doesn’t hold up to common sense.”

DelBianco is not convinced a cookie on your computer is the same thing as a storefront in a strip mall. He’s willing to take that argument to court, and says his group is pursuing an injunction to block enforcement of the law before it goes into effect in July.

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WBUR – Mass. Will Collect Sales Taxes On Online Purchases July 1 (If There’s Not A Legal Fight First)

WBUR – Mass. Will Collect Sales Taxes On Online Purchases July 1 (If There’s Not A Legal Fight First)

Steve DelBianco is on the shameless side. He leads NetChoice, a national trade association representing e-commerce and online businesses.

“Massachusetts has this unique theory of electronic presence,” DelBianco said. “But under that theory, your business is subject to the taxation [and] regulation in any state where a user simply enters your website address. That can’t hold up to legal scrutiny, ’cause it certainly doesn’t hold up to common sense.”

For DelBianco, the only option left is a legal challenge to fight the idea that a cookie on your computer is the same thing as a storefront on Newbury Street. He said his group has sued a number of other states for online sales tax laws and he’s looking at a legal fight in Massachusetts too.

“We’re researching the legal arguments and raising the funds to pursue a lawsuit right now,” DelBianco said. He said it’s “too soon to say when we’ll be ready.”

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Minnesotans Do Not Support Online Marketplace Tax Proposal, New Study from NetChoice and Americans for Tax Reform Finds

Minnesota state legislators’ push to impose unprecedented sales tax obligations on Internet marketplaces has little support from Minnesotans, according to a new poll jointly released by NetChoice and Americans for Tax Reform (ATR).

Only nine percent of Minnesotans think that the current online sales tax collection process needs to change. Yet, leaders of Minnesota’s legislative tax committees continue to promote legislation (HF4 and SF 2225) that would now require out-of-state businesses to collect online sales tax from Minnesotans. Read more

Repealing Colorado’s Tattletale Law: An Opportunity to Restore Coloradans’ Privacy

“Union and Constitution.” These words appear on the Great Seal of Colorado and celebrate the ideals enshrined in the Federal Constitution, including the rights of freedom of expression and privacy.

Sadly, in 2010, the Colorado legislature enacted a tax reporting law that assaults those rights. The aptly nicknamed Colorado “tattletale” law requires online and catalog businesses to report to the state Department of Revenue (DOR) Colorado shoppers’ purchases, including the name of the catalog or online store where the shopper made purchases; the shopper’s name and address; and the amount the shopper spent on products or services.

Thankfully the legislature soon will have the opportunity to restore Colorado residents’ privacy rights later this Spring with SB 17-238, which if passed would repeal the tattletale reporting provision. Read more