Senate Passes Motion to Proceed on "Marketplace Fairness Act"-Internet Sales Tax!

[Spoa]

Here's the roll call vote:

The 74 Tax Raisers Who Voted YES:


YEAs ---74
Alexander (R-TN)
Baldwin (D-WI)
Barrasso (R-WY)
Begich (D-AK)
Bennet (D-CO)
Blumenthal (D-CT)
Blunt (R-MO)
Boozman (R-AR)
Brown (D-OH)
Burr (R-NC)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Casey (D-PA)
Chambliss (R-GA)
Coats (R-IN)
Cochran (R-MS)
Collins (R-ME)
Coons (D-DE)
Corker (R-TN)
Cowan (D-MA)
Crapo (R-ID)
Donnelly (D-IN)
Durbin (D-IL)
Enzi (R-WY)
Feinstein (D-CA)
Fischer (R-NE)
Flake (R-AZ)
Franken (D-MN)
Gillibrand (D-NY)
Graham (R-SC)
Hagan (D-NC)
Harkin (D-IA)
Heinrich (D-NM)
Heitkamp (D-ND)
Hirono (D-HI)
Hoeven (R-ND)
Isakson (R-GA)
Johanns (R-NE)
Johnson (D-SD)
Kaine (D-VA)
King (I-ME)
Klobuchar (D-MN)
Landrieu (D-LA)
Leahy (D-VT)
Levin (D-MI)
Manchin (D-WV)
McCain (R-AZ)
McCaskill (D-MO)
Menendez (D-NJ)
Mikulski (D-MD)
Moran (R-KS)
Murphy (D-CT)
Murray (D-WA)
Nelson (D-FL)
Portman (R-OH)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Risch (R-ID)
Rockefeller (D-WV)
Sanders (I-VT)
Schatz (D-HI)
Schumer (D-NY)
Sessions (R-AL)
Shelby (R-AL)
Stabenow (D-MI)
Thune (R-SD)
Udall (D-CO)
Udall (D-NM)
Warner (D-VA)
Warren (D-MA)
Whitehouse (D-RI)
Wicker (R-MS)

The 20 No Votes:


NAYs ---20
Ayotte (R-NH)
Baucus (D-MT)
Coburn (R-OK)
Cornyn (R-TX)
Cruz (R-TX)
Grassley (R-IA)
Hatch (R-UT)
Heller (R-NV)
Inhofe (R-OK)
Kirk (R-IL)
Lee (R-UT)
McConnell (R-KY)
Paul (R-KY)
Roberts (R-KS)
Rubio (R-FL)
Scott (R-SC)
Tester (D-MT)
Toomey (R-PA)
Vitter (R-LA)
Wyden (D-OR)

Here's the roll call vote: http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=113&session=1&vote=00107
Call your Senator NOW and urge them to vote AGAINST FINAL PASSAGE!

[MikeStanart]

FLAKE? WHAT THE HELL, FLAKE????

Primary this Statist in Conservative clothing!

[tsai3904]

FLAKE? WHAT THE HELL, FLAKE????

Primary this Statist in Conservative clothing!

He actually voted against it last month. He may have voted for this for procedural reasons (like how he voted for cloture on the gun bill but against the amendment).

[Lucille]

If it passes, it will do wonders for the economy. /

Stupid idiots. I have had it up to HERE with those evil clowns in CONgress.

http://online.wsj.com/article/SB10001424127887324493704578432961601644942.html?m od=WSJ_Opinion_LEADTop


Mr. Enzi's Marketplace Fairness Act discriminates against Internet-based businesses by imposing burdens that it does not apply to brick-and-mortar companies. For the first time, online merchants would be forced to collect sales taxes for all of America's estimated 9,600 state and local taxing authorities.
[...]
So big business and big government are uniting to pursue their mutual interest in sticking it to the little guy. Any Internet seller with more than $1 million in annual sales would be forced to serve all of the nation's tax collectors. It's true that many small brick-and-mortar retailers in states with sales taxes support the Enzi bill. They say they're at a disadvantage as customers examine products in their showrooms and then go home to buy them tax-free. On the other hand, some customers use retail websites for research before buying at a local store.

But even if the goal is to "level the playing field" in favor of Main Street, it won't happen. Mr. Enzi cannot possibly force all the world's Internet businesses to collect local U.S. taxes. So instead of shifting sales from online to bricks-and-mortar, he might succeed in shifting them from U.S. online merchants to foreign ones.

This rush to tax is an attempt to overturn the Supreme Court's 1992 decision in Quill v. North Dakota that forcing businesses to collect and remit taxes to jurisdictions where they have no physical presence was too big a burden. Though that ruling applied to catalogs in the pre-Internet age, it established an important principle of cross-state tax accountability.

Congress does have the power to write new rules for interstate commerce. But for years even politicians who wanted to force remote sellers to collect taxes conceded that it would only work if states and localities dramatically simplified their tax systems. That has never happened. So now the tax collectors promise that software will figure out how every item is taxed in every town in America.

Perhaps software will flawlessly determine, for example, what is classified as candy for tax purposes and what is considered food in each jurisdiction. But the legislation itself contemplates confusion, as it spells out when a merchant is liable for errors and when a software vendor takes the blame. The way governments work, they'll penalize both merchants and the software vendors for mistakes.

Some of our conservative friends are backing this Internet tax raid as a way to raise revenue to avoid more state income-tax increases. More likely the new revenues will merely fund larger government. Republicans who are realists about government would be wiser to join Senators Ron Wyden (D., Ore.) and Kelly Ayotte (R., N.H.), who are leading the opposition.

[Spoa]

FLAKE? WHAT THE HELL, FLAKE????

Primary this Statist in Conservative clothing!

Daniel Horowitz feels the same way (he's being sarcastic in this tweet):


Daniel Horowitz ‏@RMConservative 9m
So now Jeff Flake votes for online sales tax. real conservative

[supermario21]

Tim Scott was a gem of a pick. He's been with Rand on >90% of votes.

[Spoa]

Tim Scott was a gem of a pick. He's been with Rand on >90% of votes.

Amen. He's been a real good senator; very close to Jim Demint type. I was kind of worried that he would be taken in by Graham, but I was watching the senate floor one time, and Graham was laughing with McCain and Ayotte while Scott was laughing with Cruz and Lee. Tells you the two sides in the GOP Senate.

Also, it just makes me more mad at Flake, because while I understand that it is difficult to buck your senior senator, if Scott can do it, why can't Flake?

[Christian Liberty]

Is Sen. Wyden any good? I know he stood with Rand in the filibuster, and voted no on this. That's all I know about him.

[Brett85]

Is Sen. Wyden any good? I know he stood with Rand in the filibuster, and voted no on this. That's all I know about him.

He's good by Democrat standards. That's not saying much.

[Dr.3D]

If any tax were to be collected, it should be for the state the seller is in anyway. Since when does somebody drive to another state and then pay the seller in that state the sales tax for their home state?

[Christian Liberty]

He's good by Democrat standards. That's not saying much.

Is good by Republican standards saying much? Honestly, much as I hate Obama I'd take him over Graham any day. The good Republicans (Rand, Lee, maybe Tim Scott? I don't know much about Scott yet) are pretty good, but the bad Republicans SUCK.

[Keith and stuff]

Is good by Republican standards saying much? Honestly, much as I hate Obama I'd take him over Graham any day. The good Republicans (Rand, Lee, maybe Tim Scott? I don't know much about Scott yet) are pretty good, but the bad Republicans SUCK.
In the US Senate, the worst Republican voting record is still better than the best Independent or Democrat voting record. 1 Republican Senator, or up to 3 depending on how you look at, actually has a great voting record.

[Brett85]

Is good by Republican standards saying much? Honestly, much as I hate Obama I'd take him over Graham any day. The good Republicans (Rand, Lee, maybe Tim Scott? I don't know much about Scott yet) are pretty good, but the bad Republicans SUCK.

As Keith and stuff said, the worst Republican in the Senate is still better than the best Democrat in the Senate. Just look at the ratings from JBS and other similar organizations to see what I'm talking about.

[TaftFan]

http://libertycircle.blogspot.com/2013/04/action-alert-internet-sales-tax-looms.html

[Spoa]

bump! Call your senator and tell him/her to vote NO!

[sailingaway]

There is no jurisdiction of the federal government for this imho. But expansion of federal power is what DC does best. I have said vote no, but in CA we already have it, so I dont know how much flak my Senators are going to be getting for it, they might see it as leveling the playing field for other states.

[paulbot24]

There is no jurisdiction of the federal government for this imho. But expansion of federal power is what DC does best. I have said vote no, but in CA we already have it, so I dont know how much flak my Senators are going to be getting for it, they might see it as leveling the playing field for other states.

If Californians have to pay it, it's only fair for the rest of us to pay our share too. /s

[muh_roads]

The very phrase "marketplace fairness" is disgusting. Some of the largest lobbies for this tax have had unfair advantage legislated in their favor for decades.

The whole purpose for this is so large players can reduce competition.

[Christian Liberty]

In the US Senate, the worst Republican voting record is still better than the best Independent or Democrat voting record. 1 Republican Senator, or up to 3 depending on how you look at, actually has a great voting record.

I don't know if I'd call any of them "Great". Rand Paul, who's definitely the best one, is still weak on drugs and mediocre on foreign policy. He's better than anyone else but "Great" seems like a stretch. Then again, I'm a bit of a purist. Who are your other two? Lee and who else? Cruz?

Cruz has already proven himself a traitor to the United States, so I don't see why anyone here likes him. Lee, by contrast, is someone who I don't know a whole lot about, but I haven't really seen anything I don't like yet.


As Keith and stuff said, the worst Republican in the Senate is still better than the best Democrat in the Senate. Just look at the ratings from JBS and other similar organizations to see what I'm talking about.

I'll look up JBS, but that probably depends on what you're prioritizing. I'm guessing those guys play no trump. Respectable, but foreign policy matters a CRAPLOAD more to me than any other single issue. So I guess that's my bias. Ultimately, the GOP (With a few exceptions) are also wolves in sheep's clothing, which is sort of worse than being a wolf in wolves clothing.

[Brett85]

Ultimately, the GOP (With a few exceptions) are also wolves in sheep's clothing, which is sort of worse than being a wolf in wolves clothing.

The GOP is the lesser of two evils in my opinion.

[Christian Liberty]

I just glanced through JBS' latest scorecard, Lindsay Graham got a 90%. Either they're doing something seriously wrong, or I am.

Admittedly, I don't have the same problem with amnesty that they do, although that's not as big an issue.

[Christian Liberty]

The GOP is the lesser of two evils in my opinion.

Maybe because the guys like Rand end up there. I can't vote for the war hawks though. Not only would it be a violation of Romans 3:8, it also wouldn't accomplish anything, in my mind.

I don't really see why they're the lesser evils, truthfully. Frankly, I preferred Obama over Romney in 2012, not that I actually liked either of them.

I think this whole Boston thing shows one of the reasons why, for as bad as Obama is, I'm thanking God we don't have someone like Lindsay Graham in charge. Graham probably would have drone striked him already...

[TaftFan]

I just glanced through JBS' latest scorecard, Lindsay Graham got a 90%. Either they're doing something seriously wrong, or I am.

Admittedly, I don't have the same problem with amnesty that they do, although that's not as big an issue.

Umm, what are you looking at? This is the JBS scorecard: http://www.jbs.org/voting-index/voting-index

There hasn't been a segment released this session.

[HOLLYWOOD]

http://www.secretsofthefed.com/wp-content/uploads/2013/04/corporate-fascism.jpg (http://www.google.co.jp/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&docid=6ZJ1IQkbl5cDPM&tbnid=OmrVDgLdVsi6cM:&ved=0CAUQjRw&url=http%3A%2F%2Fwww.secretsofthefed.com%2Fis-it-corporate-fascism-yet%2Fcorporate-fascism%2F&ei=CfV1UYLLNejmiAf70oGQCQ&bvm=bv.45512109,d.aGc&psig=AFQjCNEAxEKRzDzy2znxonxDS75UtDzvFQ&ust=1366771147094540)

[Christian Liberty]

Umm, what are you looking at? This is the JBS scorecard: http://www.jbs.org/voting-index/voting-index

There hasn't been a segment released this session.

I was looking at the Octoboer 2012 one, which was the latest one I saw.

[NoOneButPaul]

Straight out of Atlas Shrugged...

[HOLLYWOOD]

Straight out of Atlas Shrugged...Washington DC is laughing at the serf/mundanes as such lazy/apathetic fools. They will push and take it all... back to George Carlin, "...You know what, they'll get, they will get it all. As long as Americans remain willfully ignorant..."

[TaftFan]

I was looking at the Octoboer 2012 one, which was the latest one I saw.

Oh ok. Overall he got a 73% for all 40 votes.

[Bastiat's The Law]

Is good by Republican standards saying much? Honestly, much as I hate Obama I'd take him over Graham any day. The good Republicans (Rand, Lee, maybe Tim Scott? I don't know much about Scott yet) are pretty good, but the bad Republicans SUCK.
That's why we work to replace them. Activism trumps post counts my friend.

[sailingaway]

I just glanced through JBS' latest scorecard, Lindsay Graham got a 90%. Either they're doing something seriously wrong, or I am.

Admittedly, I don't have the same problem with amnesty that they do, although that's not as big an issue.

It depends on what votes they rated, they may have just happened to focus on votes he was able, with a Dem president, to vote correctly on. He votes 'better' closer to his elections likely, as well.

This was on twitter as another reason to oppose this act:

Sweetred Archer ‏@redarcher171 now
They don't rally care about the tax, it is about control and spying on you&what you are buying...tell them to vote no...save your privacy

[enoch150]

the worst Republican in the Senate is still better than the best Democrat in the Senate. Just look at the ratings from JBS and other similar organizations to see what I'm talking about.

For the 112th, yes, but Republicans scores on the New American Freedom Index drop pretty far when a Republican is President.

For the 111th,
Indiana, Bayh (D) 37%
Maine, Collins (R) 35%

For the 110th (2007-2008) three Democrats scored equal to or higher than 7 Republicans and a large number of Democrats scored higher than the lowest Republican (Snowe).

North Dakota, Dorgan (D) 31%
Montana, Tester (D) 30%
West Virginia, Byrd (D) 29%

Virginia, Warner (R) 29%
Pennsylvania, Specter (R) 28%
Alaska, Stevens (R) 26%
Minnesota, Coleman (R) 24%
Oregon, Smith (R) 23%
Maine, Collins (R) 15%
Maine, Snowe (R) 8%

[Brett85]

I think this whole Boston thing shows one of the reasons why, for as bad as Obama is, I'm thanking God we don't have someone like Lindsay Graham in charge. Graham probably would have drone striked him already...

That's a good point.

[Matt Collins]

The very phrase "marketplace fairness" is disgusting.

http://en.wikipedia.org/wiki/Newspeak

[whippoorwill]

Bump!

[angelatc]

Is Sen. Wyden any good? I know he stood with Rand in the filibuster, and voted no on this. That's all I know about him.


His state has no sales tax.

If the states wanted to level the playing field, that's how it should be done by the way. They're perfectly free to lower taxes.

[angelatc]

Washington DC is laughing at the serf/mundanes as such lazy/apathetic fools. They will push and take it all... back to George Carlin, "...You know what, they'll get, they will get it all. As long as Americans remain willfully ignorant..."


Exactly. Enzi has been trying to get this passed for 12 years - since the Bush years. And he's a Republican.

[angelatc]

If any tax were to be collected, it should be for the state the seller is in anyway. Since when does somebody drive to another state and then pay the seller in that state the sales tax for their home state?


That's how it should be, if they have to do it at all. I'm not in favor of this at all but abolishing the sales tax in favor of a revenue tax would accomplish the same thing.

[RonPaulMall]

Correct me if I am wrong, but wouldn't this constitute the largest tax increase in American history? I am extremely concerned about the lack of attention this topic is getting in the media and even on this forum. Seems like the powers that be are trying to sneak this through while the sheeple are busy buying "Boston Strong" T-Shirts. Where the heck is Rand on this issue?

[Lucille]

Senate Poised to Pass Internet Sales Tax Bill, Kill Healthy Competition
http://reason.com/blog/2013/04/23/senate-poised-to-pass-internet-sales-tax


Yesterday, the Senate voted overwhelmingly to allow a vote on The Marketplace Fairness Act, which would allow states to start forcing online retailers with no physical presence in their states to collect sales tax. The vote will happen this week and the bill will likely pass the upper chamber. Estimates suggest some $11 billion is currently escaping the clutches of state and local tax collectors, so we're talking about real cash here.

As the indispensable Declan McCullagh of CNET reports, this effort caps


years of lobbying by the National Retail Federation and the Retail Industry Leaders Association, which represent big box stores including including Walmart, Target, AutoZone, Best Buy, Home Depot, OfficeMax, Macy's, and the Container Store. President Obama also supports the bill, his spokesman said Monday.

As telling, McCullagh notes that the current legislation - which would force all online retailers to comply with variations among the nearly 10,000 tax jurisdictions in the country - is totally different from earlier attempts to apply simplified taxes to online sales.


Eight years ago, Sens. Mike Enzi, R-Wyo., and Byron Dorgan, D-N.D., introduced legislation that would have allowed Internet sales taxes to be collected -- but only after states simplified and standardized their tax systems through a process created in 2000. Enzi said at the time that it was necessary to require "dramatic simplification in almost every aspect of sales and use tax collection and administration" including "a reduced number of sales tax rates" and "reduced audit burdens for sellers."

The current version of S.743, however, lacks those protections. Small sellers with no profits could be subject to audits in dozens of states. Each of the nearly 10,000 local tax jurisdictions could specify a different tax rate. Businesses would also have to figure out how to handle the complexity of integrating as many as 46 state government-supplied software packages into Web ordering systems.
[...]
Reason columnist Veronique de Rugy and her Mercatus Center colleague Adam Thierer have also noted that The Marketplace Fairness Act is premised on the idea that "the the government should be able to collect the maximum amount of tax revenue from citizens, and that consumers should not be able to decide where to shop based on tax levels." They actually present a different way of thinking about the sales tax issue that deserves more attention.

Tax competition is a good and healthy thing, as it helps to spur innovation in both the public and private sectors and enhances various "experiments in living" different jurisdictions and communities want to pursue. Residents benefit from being able to choose among different attitudes toward the level of taxation and (one presumes) the level of public services they pay for.

De Rugy and Thierer suggest that taxing goods and services at the point of origin rather than the point of definition is an easy way to keep tax competition thriving. Instead of taxing online sales based on where the customer lives, tax the purchase where the vendor is. That would not only simplify the vendor's calculations (he/she would only need to know one tax code), it would allow for exactly the sort of competition that helped create differential jurisdictions in the past that helped nurture catalog sales and online retail.

The good news for those opposed to the Senate plan? The House is unlikely to pass similar legislation.

I won't be holding my breath.