This is neither a new tax nor special treatment for independent bookstores—it is an equitable and uniform enforcement of existing state tax laws.
Locally owned businesses have far greater positive economic impact on their communities and are largely responsible for our communities retaining their unique characteristics. To undercut them, by selectively deciding what laws to enforce and what laws to ignore, is simply wrong.
To keep up with the latest news in E-Fairness, check out Bookselling This Week.
However, some online retailers with affiliates in these states are not collecting sales tax, while their in-state competitors are. This creates an unfair advantage because many in-state customers will take advantage of tax-free, online shopping. As a result, in-state retailers lose business and the states lose much-needed tax revenue.
A major victory was recently achieved in New York to require out-of-state retailers to comply with existing state tax laws. But there's still much to be done.
Use these customizable templates to increase awareness of the online sales tax issue in your state—and help secure a level playing field for all retailers!
- Letter to your legislators — urge your state legislators to follow New York's lead and introduce legislation that would clarify their state's existing tax laws.
- Letter to your governor — urge your state governor to equitably enforce existing tax laws by requiring out-of-state retailers with nexus in your state to collect sales tax.
- Letter to Texas comptroller — urge the state to equitably enforce existing tax laws by requiring out-of-state retailers with nexus in your state to collect sales tax.
In November 2008, 11 independent trade groups, including the American Booksellers Association, sent a letter to the governors in the 44 states that collect sales tax to equitably enforce existing tax laws. The groups stressed that, given the budget shortfalls that most states are facing, now more than ever, it's a state's obligation to ensure sales tax equity by requiring out-of-state retailers with nexus in the state to collect and remit sales tax. Read the letter (and the states' responses) here.
December 2007, seven independent trade groups, including the American Booksellers Association, sent a letter to the governors in the 45 states with sales tax calling on them to equitably enforce existing tax laws by requiring out-of-state retailers and commercial resellers with nexus in states to collect sales tax. Read the letter (and the states' responses) here.
California. Use this letter as it is - or edit to your liking - to urge your Assemblymember to support A.B. 178, legislation that would level the playing field for California's brick and mortar businesses.
Connecticut. Use this letter as it is - or edit to your liking - to urge your Representative and Senator to support the Internet sale tax provision in the proposed Connecticut state budget, a provision that would level the playing field for Connecticut's brick and mortar businesses.
Florida. Use this letter as it is - or edit to your liking - to urge your Governor, Representative and Senator to introduce legislation based on the New York State Internet Tax provision.
Hawaii. Use this letter as it is - or edit to your liking - to urge your Representative to support HB1405, legislation that would level the playing field for Hawaii's brick and mortar businesses.
Maryland. Use this letter as it is - or edit to your liking - to urge your Senator and Delegate to support SB 1071, legislation that would level the playing field for Maryland's brick and mortar businesses.
Minnesota. Use this letter as it is - or edit to your liking - to urge your Senator and Representative to support SF0282 and HF401, respectively, legislation that would level the playing field for Minnesota's brick and mortar businesses.
- Sample letter to Governor Pawlenty
- Sample letter to your Senator
- Sample letter to your Representative
- Minnesota Fact Sheet to include with letter
- MBA/ABA Statement on SF0282
North Carolina. Use this letter as it is - or edit to your liking - to urge your Senator and Representative, as well as the Conference Committee chairs, to support the Internet sales tax provision contained in the Appropriations Act of 2009.
Rhode Island. Use this letter as it is - or edit to your liking - to urge your legislators to support the Internet sales tax provision in the current budget.
Tennessee. Use this letter as it is - or edit to your liking - to urge your Senator and Representative to support SB 1741 and HB 1947, respectively, legislation that would level the playing field for Tennessee's brick and mortar businesses.
Crucial to the Sales Tax provision's success was the passionate support of booksellers and other independent retailers state-wide. Letters to state legislators (such as the templates provided on this page) made all the difference in bringing this important issue to their attention.
This victory establishes an important precedent and challenges other states to follow. Consider adapting some of the templates above to raise the issue in your state—and help secure a level playing field for all retailers! And for New York residents, if you haven't done so already, please consider sending a “Thank You” note to your state Assemblyperson or Senator:
Sample “Thank You” Letters to New York State Legislators
Use these letters as they are -- or edit to your liking - to thank your Assemblyperson and Senator for supporting the Internet Sales Tax provision in New York State's final budget.
E-Fairness Everywhere:
- Attention, Online Shoppers: Taxes Ahead — Jena McGregor, BusinessWeek (June 4, 2008)
- Real World Needs 'Net' Taxes — Lee Gomes, Wall Street Journal (May 22, 2008)
- Taxing online retail sales is only fair — Michael Mazerov, Marketplace, American Public Media (May 5, 2008)
- 23 States Face Budget Gaps in '09 — Pamela M. Prah, stateline.org (April 25, 2008)
- New York State Girds for War With Amazon — Saul Hansell, New York Times (April 14, 2008)
- Tax on Internet Sales is Already the Law Here — Letter to the Editor of the Wall Street Journal by James R. Sherin, President and CEO, Retail Council of New York State (February 27, 2008)
- Amazon Plays Dumb in Internet Sales Tax Debate — Saul Hansell, New York Times (February 13, 2008)
- Point, Click, Pay Tax — Janet Novack, Forbes (November 28, 2007)
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The E-Fairness Coalition
ABA is a partner in the Coalition, which advocates fairness for consumers and retailers large and small, bricks-and-mortar and online, nationwide. - Multistate Tax Commission
An intergovernmental state tax agency that works to administer tax laws that apply to multistate and multinational enterprises. - Streamlined Sales Tax Governing Board
Assists states as they administer a simpler and more uniform sales and use tax system.
