Sales Tax Initiative

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In the wake of the Supreme Court’s decision to not hear a legal challenge brought by Amazon and Overstock regarding New York State’s affiliate nexus law, editorials in newspapers across the country have urged states and/or the U.S. Congress to turn sales tax fairness from an idea into a reality.

On Monday, December 2, in a resounding victory for sales tax fairness proponents, the U.S. Supreme Court said it would not hear a legal challenge to New York State’s affiliate nexus law, which was brought by Amazon.com and Overstock.com.

In a November 22 BusinessWeek op-ed, the co-chairs of Advocates for Independent Business, ASTRA’s  Kathleen McHugh and ABA’s Oren Teicher, urge the U.S. House of Representatives to consider the issue of sales tax fairness and “act swiftly to tackle it.”

In response to the news that Amazon has struck an exclusive deal with the USPS, ABA has published a fact sheet for members that provides important details pertaining to how the postal service differs from a traditional private enterprise.

Uneven sales tax collection has helped online retailers at the expense of Main Street retailers, according to the study “An Analysis of Internet Sales Taxation and the Small-Seller Exemption,” released this week by the Small Business Administration.

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In the September Red Box, ABA members received a sales tax fairness window cling that can be easily displayed on a storefront window or any glass surface.

As the U.S. House of Representatives continues to consider the issue of sales tax fairness, the list of states in which Amazon is collecting, or will collect, sales tax is growing.

The Supreme Court of the State of Illinois has affirmed a lower court’s ruling that the state’s affiliate nexus law is invalid. The Performance Marketing Association, whose members include Amazon.com, challenged the state law in 2011, contending it unfairly targeted affiliates and arbitrarily broadened the definition of nexus.

After recently announcing it would collect sales tax in West Virginia, where it has a customer service center, Amazon will be opening distribution centers — and collecting sales tax — in Wisconsin and Florida.

The International Council of Shopping Centers has released the results of a national poll that shows most Americans would prefer to pay sales or use tax on online purchases at the time of purchase, as opposed to filing it on their taxes.

Last Thursday, Amazon affiliates in Maine began receiving notices informing them of the termination of their affiliate relationships as of October 6.

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