Alliance for Main Street Fairness: Internet Tax Lobby

Alliance for Main Street FairnessWho could possibly be against an alliance for main street fairness? You should be in this case because “fairness” to this DC-based lobbying group means that you pay more taxes.

The Alliance for Main Street Fairness starts off from the faulty logic that the government should loot more money from online business transactions in order to be “fair” to those selling in brick-and-mortar stores.

According to the Alliance for Main Street Fairness, offline businesses are at an unfair advantage because Internet businesses don’t collect and remit sales taxes on transactions. This is a twisted half-truth at best.

Here’s why…

1. Many brick-and-mortar businesses sell online too. They have the same advantages in ecommerce as Internet-only businesses.

2. Like their offline competition, most legitimate Internet businesses collect sales taxes for transactions with residents of the states where they are based and remit those taxes to the state government.

3. If you’re going to cheat the government out of sales taxes, you can just as easily do it offline as online.

Let’s say that you own both a brick-and-mortar shop and a related website that both sell widgets. Both are based in New York City. If a California customer phones your shop and orders a widget, when you ship it to California, it should be the responsibility of the customer to remit any sales/use tax for that transaction due to California.

But what if the same California customer ordered the widget from your New York City-based website? The Alliance for Main Street Fairness wants you to become the tax collector for California by charging sales tax on the transaction to the California resident and then remitting the sales tax to California’s state government.

Now imagine trying to handle the paperwork and tax collection for all 49 states where your business is not based plus the hundreds of cities that will jump on the bandwagon and require you to collect taxes and fees for transactions with their residents.

Not only is this unfair, the tax and regulatory burden will kill most online business, including business websites owned by brick-and-mortar companies.

What you’re seeing here is an unholy alliance between special interest groups and cash-strapped governments looking to raise your taxes instead of cutting spending.

Perhaps even more noxious is the unconstitutional interpretation of the Interstate Commerce Clause to permit state governments to interfere with online business in this manner. In the quest to raise revenue, the U.S. Constitution is conveniently ignored.

What are you going to do? Spend hundreds of thousands of dollars of your money and years of your life litigating the issue to the U.S. Supreme Court against taxpayer-funded lawyers representing the state?

There’s nothing fair about making business website owners become tax collectors for 50 welfare states and their municipalities. Let’s hope that Amazon or another big online retailer takes a stand one of these days and gets this misconduct stricken down as unconstitutional.

Regardless, don’t be deceived by the Alliance for Main Street Fairness. If your neighbor’s car gets stolen, this type of “fairness” insists that your car should be stolen too so you can both walk.

Socialism disguised as “e-fairness.” Pay what you owe but don’t be suckered into paying more or becoming a tax collector if you don’t have to.

To your online success!

-Mike the Internet lawyer

Internet Taxes: State Governments Want You to Become Their Tax Collector

Internet taxesStarting with New York, there’s a movement to force those with affiliate programs to collect taxes on products sold and remit the taxes to the state. This can apply even if your business is based elsewhere.

Why is this happening? The state governments are broke and looking for ways to increase their revenues during the recession. This means targeting other revenue streams. Currently, there are about a half dozen states (including California) that want to turn you into a tax collector.

So, in addition to collecting sales taxes sold on stuff sold to residents in your own state, you’ll get the additional ‘joy’ of collecting for other states too.

For now, some online retailers that fall within the New York law (because of the amount they sell to New York customers) have simply discontinued their affiliate programs for New York residents. That’s a temporary fix.

This type of nonsense will continue until the governments figure out a unified system to collect taxes online and disburse the funds at the federal, state, and local level. The issue isn’t going away. There’s simply too much money at stake that greedy politicians want to get their hands on and cause you a headache in the process.

Internet Law Firm: Taxes Threaten Your Online Business

new york taxes department of revenueThe State of New York is trying to force large online retailers to collect and remit sales taxes for purchases made via the Internet. Amazon.com is suing to stop this insidious government power grab. As the owner of an Internet law firm and an online entrepreneur, I applaud Amazon’s lawsuit.

So your Internet business isn’t as big as Amazon’s (yet)? You might be thinking “What’s the big deal?”

Whether you’re a Democrat, Republican, Libertarian, or Independent, you should be concerned.

Here’s why it is important to you (if you need more info, have your Internet law firm and CPA explain it to you).

The underlying theory behind the tax collection is that sales online make you the tax collector for the welfare state even in states where you don’t have a physical presence. Imagine the chaos if you had to collect and remit sales taxes to all 50 states, taxes up north to Canada, and across the Atlantic pond as a VAT tax for the European Union coffers. 99.9% of today’s Internet marketers would either be guilty of tax evasion or go out of business trying to comply.

This is exactly what’s in store if these politicians and bureaucrats get the chance to make you an involuntary tax collector to pay for their bridges to nowhere and other pork barrel projects.

Fortunately, there are the Amazon’s of ecommerce who have the deep pockets to fight the government.

Note that this is not a unique situation. For years, the National Governors Association, its county and municipal counterparts have been arguing that they should have the right to tax the Hades out of Internet transactions to pay for excessive spending habits. Ayn Rand referred to these types as “second-handers.”

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That’s being polite.

What can you do to fight them? First, set up a consult with your Internet law firm before doing something online in response that could get you into trouble.

  • Post your support for Amazon’s fight against New York on your blog and encourage others to do so.
  • Let your elected politicians at the local, state, and federal level know that you’ll do everything in your power to ensure their opponents are elected if they so much as think about trying to turn you into a tax collector.
  • Order a copy of Ayn Rand’s “Atlas Shrugged” or Harry Browne’s “How I Found Freedom In An Unfree World” via Amazon and ship it to the New York State Department of Taxation and Finance.

To your success!

-Mike, Owner of an Internet law firm and cyber entrepreneur