NetChoice Media Hits
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.”
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.
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).
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.
Forcing Businesses to Turn Over Private and Personal Customer Information Violates the Rights of all New Yorkers
Washington, D.C., October-1, 2018 – Local Law 146, a short-term rental law passed by the New York City (NYC) Council and signed into law by Mayor de Blasio in August violates the Fourth Amendment of the U.S. Constitution and needs to be amended, NetChoice says.
Local Law 146 requires short-term rental (STR) platforms to disclose private and personal information of hosts who reserve STRs through them. This law is an attempt by the city government to improve enforcement of strict regulations on STRs.
However, NetChoice believes that the law has three fatal flaws as it:
- Breaks the 4th Amendment of the Constitution
- Defies the federal Electronic Communications Privacy Act
- Violates New York State privacy laws
“New York’s fight against their own residents has lead 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.”
“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.”
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.
“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.
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.
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.
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.”
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. Read more
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.
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.”
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.
The state sued Wayfair, Newegg, and others in July 2017 right after its South Dakota-style law went on the books, inviting a countersuit by the e-commerce industry. The American Catalog Mailers Association and NetChoice said the Quill physical presence standard blocked Wyoming from forcing out-of-state vendors to collect and remit sales and use taxes.
Steve DelBianco, president and CEO of NetChoice, told Bloomberg Tax Aug. 29 that its lawsuit in Tennessee is “still pending and we have scheduled discussions.” But regardless of the outcome, the Legislature has to act before collections can be required from remote sellers operating in that state, which won’t happen before January 2019, he said. The Tennessee Legislature is scheduled to reconvene Jan. 8, 2019.