NetChoice in the News

Bloomberg BNA - No Online Sales Tax Collection Until States Simplify: E-Retailers

George Issacson of Brann & Isaacson, counsel for the companies in the U.S Supreme Court’s ruling in South Dakota v. Wayfair, and Steve DelBianco of NetChoice, a trade organization of e-commerce companies that has backed many lawsuits like the one in Wayfair, urged for the mandate Oct. 4. That was during a meeting of the Streamlined Sales Tax Governing Board, which oversees the 24-member Streamlined Sales and Use Tax Agreement (SSUTA) designed to ease the administration of remote sales tax collection.

Politico Morning Tax - Changes ahead for Ways and Means

States that have voluntarily coordinated their sales tax regimes for remote sellers are showing little interest in federal legislation to mandate such harmonization, said Steve DelBianco, president and CEO of NetChoice, an e-commerce trade association.

“I floated the idea to a crowd that you would have thought would be attracted to the idea,” DelBianco said, “but there was little interest in any federal legislation in the wake of Wayfair.”

Washington Examiner - Transportation Department forges ahead on rules for self-driving cars

The Transportation Department’s guideline revisions “will drive the autonomous vehicle industry to innovate while maintaining public safety,” Carl Szabo, vice president at NetChoice, a trade association for e-commerce businesses, wrote in a statement.

Bloomberg BNA - State of Wayfair: State, Trade Group Officials Have a Chat

A federal bill imposing standards of uniformity and simplicity on the states is needed to ensure that remote sellers can cope with their new collection obligations and that the states don’t ignore the limits on state authority set up by the court, said Steve DelBianco, president and CEO of NetChoice, an e-commerce lobbying group.

The discussion took place Oct. 4 in St. Louis at an informal gathering of tax stakeholders organized by the National Conference of State Legislatures. Also at the meeting were officials from the Streamlined Sales Tax Governing Board Inc. (SSTGB), the Multistate Tax Commission, the National Governor’s Association, and the Federal Tax Administrators.

NetChoice has proposed 20 tax simplifications, a ban on retroactive taxes, a delay before collection obligations can be imposed, a small-business exemption, and incentives to get states to join the Streamlined Sales and Use Tax Agreement (SSUTA).

Multi Channel Merchant - With More States Requiring Online Sales Tax Collection, Concerns Rise

While there was an initial meeting in July between the ACMA, the MTC and NetChoice – an online seller advocacy group – to try and find common ground in the wake of Wayfair and set up working groups, a subsequent meeting never materialized.

Tax Notes - Governing Board Not Likely to Back Federal Remote Seller Bill

The Streamlined Sales Tax Governing Board (SSTGB) should back federal legislation requiring states to join the board’s use tax agreement before enforcing remote sales tax collection, according to Wayfair Inc.’s counsel George Isaacson of Brann & Isaacson and NetChoice President Steve DelBianco.

Saying “words mean something,” Utah state Sen. Curtis Bramble (R) pointed to a phrase in DelBianco’s presentation that said H.R. 6824 “allows states to tax small remote businesses.”

“How many here believe that requiring businesses to collect and remit the taxes that are due by the purchaser is a tax on that small business?” he asked the attendees.

Morning Tech, Politico - D.C. Council, Tech Clash Over Short-Term Rental Measure

“Extreme restrictions on short-term rentals is not only bad local policy, it is bad business policy,” wrote the Internet Association, the Consumer Technology Association, NetChoice and Travel Tech on Monday. “It sends a message that DC is not open for innovative businesses and is not a place for the technology sector to invest in.”

Global Travel Industry News - NYC short-term rental law unconstitutional, NetChoice issues statement

“New York’s fight against their own residents has led them to defy the constitution and violate the rights of New Yorkers,” continued Szabo. “New York’s Southern District Court should protect the rights of NYC homeowners. The city’s anti-home sharing laws are dysfunctional and to enforce them New York is trampling residents’ right to privacy.”

Law360 - 9 States Face Remote Sales Tax Collection In Uncertain Waters

“This won’t be much of a milestone for states, who will add less than 1 percent to their total tax revenue,” said Steve DelBianco, CEO of retail trade group Netchoice. “But these new tax collection burdens will be a millstone around the necks of small businesses who go online to reach customers around the country.”

The Daily Caller - Opinion: Polls Show Attacks On Tech Might Hurt Republicans In November

It looks like it’s going to be a tough mid-term for Republicans. And if beltway Republicans keep-up their attack on Google and Facebook, new polling shows reelection may be even tougher.

Some Congressional Republicans think demonizing Silicon Valley is their key to mobilizing grassroots and voters. The tech industry leans liberal and is largely based in California. The thinking of some Republican strategists goes that this makes big tech a perfect target for Republican attacks.

This thinking has led to new calls for federal regulation of internet companies by otherwise limited government Republicans. But Republican voters overwhelmingly value big tech platforms and oppose government intervention in the tech industry.

Global Travel Industry News - Thousands Will Be Decimated in the US Capital by Proposed Bill

also reported at Luis Alberto Benshimol Chonchol

“Washington DC already gives millions in tax breaks to big hotels, and Council should not give hotels another handout by curtailing the property rights of District home owners,” said Carl Szabo, General Counsel of NetChoice.

“This legislation has been marred by misinformation and process problems and should not be rammed through in the closing days of this year’s final Council session. This issue deserves a robust public discussion and economic impact analysis,”

State Tax Notes - States and Online Marketers Set Date for Post-Wayfair Dialogue

George Isaacson of Brann & Isaacson, Steve DelBianco of NetChoice, and Hamilton Davison of the American Catalog Mailers Association laid the groundwork for such discussions in July when they met with the Multistate Tax Commission’s executive committee in Boston.

Gas & Electricity - U.S. to relinquish remaining control over the internet

“It’s inconceivable that ICANN can be accountable to the whole world. That’s the equivalent of being accountable to no one,” said Steve DelBianco, executive director of NetChoice, a trade group representing major Internet commerce businesses.

The Boston Globe - The Mass. taxman cometh — for online retailers

Many states adopted tax-collection rules that would take effect next month, or later. But the DOR is sticking to its story: We started taxing you last fall. NetChoice, a trade group for online retailers, calls this retroactive taxation, and complains that companies are being unfairly hit up for the nearly nine months before the landmark ruling. DOR says it’s just doing its job.

Bloomberg BNA - State of Wayfair: Illinois ‘Amorphous,’ Attempting to Streamline

During the July meeting, post-Wayfairsimplification measures were passed along to state groups by George Isaacson, a senior partner at Brann & Isaacson LLP in Lewiston, Maine, who represented e-retailers before the high court in Wayfair; Steve DelBianco, president and CEO of NetChoice, a Washington-based trade association representing e-commerce businesses and online consumers; and Hamilton Davison, president and executive director of the American Catalog Mailers Association in Providence, R.I.

Bloomberg BNA - Online Tax Bill Will See Action This Year, Rep. Sensenbrenner Says

Steve DelBianco, president and CEO of NetChoice, an e-commerce trade organization, defended Sensenbrenner’s bill, arguing that in the event the bill became law, any sales tax retained by a state before Jan. 1, 2019, could be retained to satisfy use taxes owed.

Use tax is a sales tax on purchases made outside one’s state of residence for taxable items that will be used, stored, or consumed in one’s state of residence and on which no tax was collected in the state of purchase, according to investopedia.

“Use taxes are the flip side of the coin, it’s the same tax, if you don’t owe sales tax you still owe use tax,” DelBianco told Bloomberg Tax. “The real intention of Sensenbrenner’s bill is to relieve businesses of far-too-soon state implementation dates. It’s a small thing to ask for states to wait until January.”

Michigan Residents Back Legislation to Secure Ticket Rights – “I bought it, I own it”

80% support the right of ticket holders to resell, give away or donate their tickets

68% of Michigan Fans SUPPORT legislation like HB 4224 – allowing fans to resell at prices they choose

September 19 – New polling released by NetChoice shows that both Michigan voters support ticket resale rights and want to be able to resell their tickets for a price they choose.

According to a survey of more than 600 Michiganders conducted by Zogby Analytics and commissioned by NetChoice, 80% support the right of ticket holders to resell, give away, or donate their tickets. 62% say that Michigan law needs to change so consumers can decide what price to sell their tickets – 68% of Michigan Fans support legislation like HB 4224 allowing fans to resell at prices they choose.

“This poll sends a very clear message to Lansing – constituents want legislation to protect their rights as ticket owners,” said Carl Szabo, Vice President and General Counsel of NetChoice. “Consumers expect that once they have purchased a ticket, they own it and can give away or resell however they choose.  Michiganders want state laws updated to reflect their views.”

Existing Michigan law denies fans the right to resell their tickets at a price they choose without written permission from the ticket issuer. The polling shows that Michiganders strongly support legislation to change this status quo.

The research found that Michigan voters would also be more likely to vote for candidates that support a change in the law. By a 3 to 1 margin, respondents with an opinion would be more likely to vote for a candidate that supports ticket resell rights.

“Clearly, Michiganders want ticket holders to determine how and at what price they can sell their tickets.  Let’s hope their representatives pass laws to give them these rights.” continued Szabo.

Other survey findings included:

Michigan Consumers Deserve Control of Their Tickets

  • 69% say a ticket is personal property and the purchaser should have full control of it
  • 75% say taxpayer-subsidized venues should freely allow taxpayers to purchase, transfer and resell tickets
  • 80% support the right of ticket holders to resell, give away or donate their tickets

Voters want Michigan Ticket Laws to Change

  • 62% say Michigan law needs changing so consumers can decide what price they want to resell their ticket
  • 3 in 4 respondents with an opinion support legislation that allows ticket owners to choose what price they can resell tickets
  • 68% support legislation that guaranteed the ability to resell event tickets at the price they choose
  • 75% of registered independents support legislation that guaranteed the ability to resell event tickets at the price they choose

About the survey: From July 12-15, 2018 Zogby Analytics conducted an interactive survey of 601 adults in Michigan on their views of ticket resale rights and related legislation. The survey, commissioned by NetChoice, has a margin of error of +/- 4%.

To see our complete release materials, please go to http://netchoice.org/MITicketspoll.

About NetChoice: NetChoice is a trade association of eCommerce businesses and online consumers all of whom share the goal of promoting convenience, choice, and commerce on the net.

Consumers Think the Tech Industry Should Be Left Alone

Consumers Think the Tech Industry Should Be Left Alone

Steve DelBianco joins Jim Blasingame to report that only single digit responses from 1200 consumers polled indicate they want government restrictions on the activities of tech firms.

Steve DelBianco joins Jim Blasingame to report on a recent Zogby survey of consumers’ sentiment regarding government regulation of big technology companies.

Politico - Takeaways from tech’s marathon hearings

Carl Szabo, general counsel of the trade group NetChoice, added: “Conservative values are centered around the idea that businesses should be allowed to do what they think is best for their customers, and that’s exactly what these companies are doing.”

Politico - Sessions throws DOJ's weight into social media bias complaints

Carl Szabo, vice president and general counsel of the trade association NetChoice, said that his fellow conservatives’ push for more oversight of digital platforms is ill-conceived.

“Conservative values are centered around the idea that businesses should be allowed to do what they think is best for their customers, and that’s exactly what these companies are doing,” said Szabo. Facebook and Google are members of NetChoice.