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View Full Version : Amazon picks Colorado to stage tax fight




torchbearer
03-14-2010, 06:27 PM
http://www.msnbc.msn.com/id/35863029/ns/business-retail/


DENVER - Kristie McNealy blogs from her suburban Denver home about raising four children and health issues. Her husband, Rob, a floor installer, runs another Web site offering product reviews and advice on hardwood floors.

It's not just for fun. Whenever someone clicks on a link to buy a book or product that their sites mention from an online seller, the McNealys get a commission. And if that customer comes back the next day to that same retailer and buys a television, they get a cut of that, too.

Last week, the McNealys, along with at least 4,000 others like them, lost a chunk of their business when Amazon.com announced it was cutting ties with its Colorado-based affiliate marketers — Web sites and bloggers that help it sell products.

In severing those ties, Amazon blamed a new state law requiring it to collect up to an estimated $4.6 million in online sales taxes a year, which will help the state close a $1.3 billion budget shortfall.

Kristie McNealy said the move will mean a loss of roughly $300 a month, money that has helped make up for a drop in her husband's income during the recession and enabled her to stay home and homeschool her children. She worries other companies may follow Amazon's lead.

"Losing the Amazon account has been a financial blow, but losing the rest of our accounts will change the way my husband and I do business and provide for our family," McNealy said.

Amazon has dropped affiliates in two other states — North Carolina and Rhode Island — that passed laws requiring the company to collect state sales tax on online purchases. Those states claimed that in-state affiliates were akin to outposts for online retailers, and therefore the companies had to collect sales tax. Getting rid of the affiliates got Amazon off the hook from doing so.

In Colorado, the situation is different. The state's new law doesn't link paying the tax to the presence of affiliates; instead, it requires out-of-state retailers to help enforce collection of the 2.9 percent state tax that online consumers in Colorado are technically supposed to pay already, though few know about it or do it.

Each year, retailers would have to tell their customers what taxable items they bought and that they need to pay the tax to Colorado. Retailers also would have to turn over those documents to the state to help enforce the law.

State revenue officials have acknowledged that retailers may want to avoid all of that, and just collect the tax themselves.

Backers of the law say that Amazon still will have to comply, whether it has affiliates in Colorado or not. So why did Amazon fire the affiliates? To make a point in a larger battle over online sales taxes, and to deter other states from adopting Colorado's approach, they believe.

Democratic state Sen. Michael Johnston of Denver said the affiliates are being used as hostages by Amazon.

"They're punishing the one hostage they can kill, so they're killing them," he said.

Katharine Leppert, a Denver freelance writer who uses money earned on her blogs to cover costs and justify the time spent on her hobby, said she's angry at Amazon for dropping her.

"They are throwing their weight around and using power that no corporation should have," she said.

An Amazon spokeswoman declined to comment on the issue.


In an e-mail to Colorado affiliates, Amazon didn't directly say what cutting them had to do with the new tax. The company said the law was aimed at inducing it to collect taxes itself and that it would reinstate the affiliates if the law was repealed or if Colorado followed a "constitutional" approach to collecting taxes.

A 1992 U.S. Supreme Court ruling found that states can only make companies collect sales tax if they have a physical presence in the state to prevent out-of-state sellers from having to deal with thousands of separate tax jurisdiction.

Republican Sen. Greg Brophy of Wray thinks Amazon might be trying to avoid possible liability for paying back taxes in case it loses a pending legal challenge to New York's online sales tax. That first "Amazon law," passed in 2008, does link the requirement to pay to online affiliates based in New York.

Brophy said it doesn't really matter why Amazon did what it did and that he wants Colorado's law repealed to help affiliates. Majority Democrats aren't inclined to do so, saying that would reward what they see as corporate bullying.



read the rest at the link.


what pisses me off about this article are the people who are pissed at amazon and not the fucking government for taxing the business to begin with.
people are so fucking stupid. makes me want to throw something.

Travlyr
03-14-2010, 06:34 PM
Dear Colorado-based Amazon Associate:

We are writing from the Amazon Associates Program to inform you that the Colorado government recently enacted a law to impose sales tax regulations on online retailers. The regulations are burdensome and no other state has similar rules. The new regulations do not require online retailers to collect sales tax. Instead, they are clearly intended to increase the compliance burden to a point where online retailers will be induced to "voluntarily" collect Colorado sales tax -- a course we won't take.

We and many others strongly opposed this legislation, known as HB 10-1193, but it was enacted anyway. Regrettably, as a result of the new law, we have decided to stop advertising through Associates based in Colorado. We plan to continue to sell to Colorado residents, however, and will advertise through other channels, including through Associates based in other states.

There is a right way for Colorado to pursue its revenue goals, but this new law is a wrong way. As we repeatedly communicated to Colorado legislators, including those who sponsored and supported the new law, we are not opposed to collecting sales tax within a constitutionally-permissible system applied even-handedly. The US Supreme Court has defined what would be constitutional, and if Colorado would repeal the current law or follow the constitutional approach to collection, we would welcome the opportunity to reinstate Colorado-based Associates.

You may express your views of Colorado's new law to members of the General Assembly and to Governor Ritter, who signed the bill.

Your Associates account has been closed as of March 8, 2010, and we will no longer pay advertising fees for customers you refer to Amazon.com after that date. Please be assured that all qualifying advertising fees earned prior to March 8, 2010, will be processed and paid in accordance with our regular payment schedule. Based on your account closure date of March 8, any final payments will be paid by May 31, 2010.

We have enjoyed working with you and other Colorado-based participants in the Amazon Associates Program, and wish you all the best in your future.


Best Regards,

The Amazon Associates Team

LibertyWorker
03-14-2010, 06:50 PM
thanks for the story.

looks like a win-win to me.

Amazon starves the state of tax dollars further accelerating the bankruptcy:)

The people who rely on this money to survive are getting pushed closer to the edge:)

revolution is the solution.

torchbearer
03-14-2010, 07:55 PM
thanks for the story.

looks like a win-win to me.

Amazon starves the state of tax dollars further accelerating the bankruptcy:)

The people who rely on this money to survive are getting pushed closer to the edge:)

revolution is the solution.

that's the spirit!
as the government collapses, and the heavy foot of government is smothering everyone- just maybe some people will wake the fuck up.
we don't have to suffer a dark decade, we can cleanse this fucked up system quickly and get back to earning our own retirements.