Sales Tax Initiative

The troubling effects of falling tax revenues continue to multiply for elected officials facing rapidly growing deficits. Forty-one states collected less revenue in fiscal 2002 than they had planned for in their budgets. Nationwide, sales tax collections were 3.2 percent lower than originally budgeted, personal income tax collections missed states' targets by 12.8 percent, and corporate income taxes were 21.5 percent lower than projected.

The American Booksellers Association has once again called on the U.S. governors in the 45 states that collect sales tax to fully enforce existing regulations by ensuring that retailers with a physical presence in their state collect sales tax on online sales.

Representatives from 31 states and the District of Columbia approved, on November 12, a proposal to simplify and to modernize sales and use tax administration. The states are part of the Streamlined Sales Tax Project (SSTP), a national initiative seeking to improve sales and use tax collection, especially for online commerce. The plan incorporates uniform definitions within states' and local governments' tax bases, simplified audit and administrative procedures, and improved software to help reduce the burden of tax collection.

On Thursday, September 12, the California Board of Equalization (BOE) issued a Memorandum Opinion stating that Barnesandnoble.com was obligated to pay California back use taxes for a period of four-plus months -- from November 15, 1999, to March 31, 2000. BOE ruled that, because the bricks-and-mortar Barnes & Noble stores were offering customers coupons that discounted purchases made at its online store, Barnesandnoble.com had established a physical presence, or nexus, in the state of California.