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August 12, 2009

Taxing Amazon in Maryland: Easier said than done

Laura Smitherman reports that lawmakers are talking again about an "Internet sales tax" in Maryland that would apply to online merchants not now collecting the 6 percent sales tax that state-based stores must remit.

An Internet sales tax is another proposal that has drawn support. Backers say that such a tax would ensure fairness. Under the current system, some online purchases are subject to state sales tax and others are not. An Internet sales tax could generate an estimated $7.8 million a year, according to fiscal analysts.

Nice try, but the Supreme Court has ruled that under current law states cannot tax Internet or catalog sales when the merchants have no physical presence in the particular state. The case is is Quill Corp. v. North Dakota, 1992. Amazon and other big Internet merchants own zero property in Maryland. (Internet sellers such as Land's End or L.L. Bean, which do have Maryland stores, must collect Maryland sales tax on their Web sales.)

New York, California and other states are trying to get around this by treating independent Amazon affiliates in their states as an Amazon presence, and requiring a tax. (When you buy less-than-mainstream merchandise on Amazon -- say, cookware -- the order often comes from an outside vendor piggybacking on Amazon's software.) Amazon has challenged this in court but is also severing ties with affiliates in California and other states that have made this move. Here is good background from blog.fed.tax.net.

A small state like Maryland probably has few affiliates of Amazon or other Internet sellers, so that route is probably blocked. And an outright attempt to flout the Supreme Court precedent would lead to challenges, bad press and not much revenue. Maryland needs to wait until Congress passes a law requiring Internet merchants to collect and remit sales for customers in every state.

Posted by Jay Hancock at 10:42 AM | | Comments (3)
Categories: Taxes
        

Comments

'Backers say that such a tax would ensure fairness'
Can someone explain that to me? The only unfairness is that legislators see a lack of revenue. Why not enforce existing law and collect USE TAX? You would not need the requirement of nexus to collect that, and it places the tax burdeon (correctly) on the consumer, not the retailer. More details in my blog
http://www.thedumbdog.com/blog/?p=62

I don't understand the basis for any sales taxes (or any tax, actually) unless it implies that the entity somehow uses necessary government services that need funding. If Amazon is an internet enterprise and does not use government services in the state, what is the rationale for the tax - unless it is a "money grab" to support something unrelated to the tax. In general, I support the taxes that we have, so I am not an anti-tax person. I would like to have transparency for taxes, i.e., taxes designated by use. Therefore, you would have gas taxes for roads, which we do. If other taxes were directly designated as such, it would give us a better understanding of what our money is being used for and therefore, a clearer picture of how to vote on taxes. Then again, maybe there are those who don't want clarity of how money is used in government.

grayone, do you have to work at being so precious or does it come naturally?
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About Jay Hancock
Jay Hancock has been a financial columnist for The Baltimore Sun since 2001. He has also been The Baltimore Sun's diplomatic correspondent in Washington and its chief economics writer. Before moving to Baltimore in 1994 he worked for The Virginian-Pilot of Norfolk and The Daily Press of Newport News.

His columns appear Wednesdays and Fridays.
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