BNA Bloomberg – Expect Tax Overhaul if South Dakota Loses E-Retail Litigation

BNA Bloomberg – Expect Tax Overhaul if South Dakota Loses E-Retail Litigation

“I think that gets to the root of what we’re saying,” NetChoice Executive Director Steve DelBianco told reporters April 27. He said a state imposing rates, rules and audits “needs to be a regime where I have a physical presence allowing me to have some say in my state government and in my regulations.”

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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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Chicago Tribune – Illinois Senate approves Right to Know online privacy bill

Chicago Tribune – Illinois Senate approves Right to Know online privacy bill

Online trade associations, including CompTIA, the Internet Association and NetChoice, also met with Hastings to voice opposition to the measure.

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The regulatory landscape facing ride-share drivers

Technology has given us more freedom to choose the way we work, live, travel, and shop.  But many Americans are hitting bureaucratic roadblocks on their way find full-and part-time work with peer-to-peer services like Lyft, Postmates, and Handy.  These roadblocks are not just bad for workers, but also for consumers, commerce, and the tax revenue that comes with it.

Some of these roadblocks are intentionally created by incumbents trying to prevent competition.  But others are just legacy rules and laws that impede the fast-moving trend of workers moving into more flexible, freelance forms of employment.

READ More at Capitol Weekly

Seattle shouldn’t try to force unions on Uber, Lyft drivers

As a father with two kids and full-time job, I love the fact that I can choose when and where I want to drive for Lyft. But an ordinance in Seattle could change the face of ridesharing as we know it. And not just for the Emerald City, but for the entire nation.

Fellow drivers in Seattle are in danger of losing many of the freedoms that make ridesharing so appealing. Drivers no longer would be able to work when, where and how long they want. They could be forced into legally binding agreement that mandate minimum or maximum working hours and limit their shifts to certain days or set times.

READ More at The Hill

State and Local Tax – Not So Fast: Tennessee Chancery Court Prohibits Department of Revenue from Enforcing Sales Tax Collection By Out-of-State Retailers

State and Local Tax – Not So Fast: Tennessee Chancery Court Prohibits Department of Revenue from Enforcing Sales Tax Collection By Out-of-State Retailers

The Department of Revenue and Plaintiffs, American Catalog Mailers Association and NetChoice jointly requested the court’s order to limit uncertainty in the marketplace while the case is pending.

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BNA Bloomberg – States Refresh, Reload on Marketplace Provider Taxes

BNA Bloomberg – States Refresh, Reload on Marketplace Provider Taxes

During an April event co-hosted by Bloomberg BNA and Reed Smith LLP, NetChoice Executive Director Steve DelBianco characterized the New York effort as “Batman Returns,” with Cuomo attempting to jam through the bill.

“But the Justice League prevailed,” he said.

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BNA Bloomberg – Tax Reporting Laws ‘Disappear’ if High Court Reverses

BNA Bloomberg – Tax Reporting Laws ‘Disappear’ if High Court Reverses

Some legislators in Colorado are also raising privacy concerns, vocalized by retail groups like NetChoice Inc., arguing consumers might not like it that information about their online purchases—including total amounts spent, shipping addresses and billing addresses—is forwarded to the state. 

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International Lawyers Network – States’ online tax laws continue to prompt lawsuits

International Lawyers Network – States’ online tax laws continue to prompt lawsuits

There is no end in sight for legal challenges to state government efforts to tax remote sales. The latest involves a lawsuit that Bloomberg made available online, filed by NetChoice and the American Catalog Mailers Association.

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