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Federal Court Halts Colorado Internet Tax [Interstate Commerce War in Internet]
ATR ^ | 2011-01-31 | Madeleine Cronan

Posted on 01/31/2011 1:17:13 PM PST by 92nina

A U.S. District Court halted the imposition of a new Internet sales tax law last week. The court granted a preliminary injunction against the law, arguing discriminates against out-of-state retailers and violates the Commerce Clause.

The case was brought by the Direct Marketing Association (DMA) following the passage of HB 1193 in last year's legislative session. The law enforces three obligations which violate the constitution. The bill requires out-of-state retailers that do not collect Colorado sales tax to notify Colorado customers of their requirement to remit taxes to the Department of Revenue. Retailers must also report the customer’s name and total amount of purchases to the Department of Revenue. Worst of all, retailers are required to send private customer information, including customer names, addresses, shipping information and other information to the state DOR...

(Excerpt) Read more at stopetaxes.com ...


TOPICS: Local News; Politics; Reference; Society
KEYWORDS: co; colorado; democrats; internet; salestaxees; salestaxes; statesrights; taxes
A State Cannot Coerce Another.
1 posted on 01/31/2011 1:17:18 PM PST by 92nina
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To: 92nina

More good news, following the ObamaCare decision.

Colorado big govt taxers never give up, however.


2 posted on 01/31/2011 1:29:59 PM PST by Reagan Man ("In this present crisis, government is not the solution to our problem; government is the problem.")
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To: 92nina

Yup, this tax law was even hurting retailers and places like amazon who do a LOT of partnership selling with small businesses were talking about pulling “out” of colorado.


3 posted on 01/31/2011 1:31:05 PM PST by GraceG
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To: 92nina

What a fantastic liberal solution! Don’t make cuts, instead add a new tax! Because that’s what people who are hurting really need, more taxes. It’s for your own good.


4 posted on 01/31/2011 1:34:35 PM PST by vpintheak (Democrats: Robbing humans of their dignity 1 law at a time)
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To: 92nina

Interstate Commerce is Congress dirty little secret.


5 posted on 01/31/2011 1:36:15 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: vpintheak

And the libs forget the unintended consequences of their actions, so amazon pulls out of any partner seller in Colorado and the Colorado economy suffers even more.... and their tax revenue goes down, their solution, make another tax.....


6 posted on 01/31/2011 1:36:26 PM PST by GraceG
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To: 92nina

When one thinks of it in practical terms, it’s kind of comical. If some guy (a business) who does not live in Colorado convinces some guy in Colorado to send him money, and he then sends the guy in Colorado something for that money, it is completely private. Yes, the “purchaser” may be required to pay sales tax, but there is no responsibility on the part of the out of state seller to get involved with that in any way. It’s none of their business, nor should a state make it their business.

Now, if both guys live in the state (the other guy has a brick and mortar presence in the state) it falls under the state’s jurisdiction to levy taxes. That is completely different.


7 posted on 01/31/2011 1:37:05 PM PST by RobRoy (The US Today: Revelation 18:4)
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To: 92nina

This is good news for Idaho. Idaho was considering charging Internet sales tax as well.


8 posted on 01/31/2011 1:39:32 PM PST by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: 92nina

This case needs to go to the Supremes if congress won’t act.

It’s either tax internet purchases or replace sales taxes with something else.

.

There are no free lunches fools.


9 posted on 01/31/2011 1:39:50 PM PST by mrsmith
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To: 92nina

Colorado.

Where deported felon illegal aliens kill you (happened again last week), Jefferson County idiots arrest and charge a 13 year old for playing with an airsoft gun, and you pay taxes on out of state purchases. Colorado has been Californicated.


10 posted on 01/31/2011 1:49:42 PM PST by Da Coyote
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To: Da Coyote

“Jefferson County idiots arrest and charge a 13 year old for playing with an airsoft gun”

I heard that on Peter Boyles this morning. Is that the same DA that charged the old man for defending his property against the Illegal Alien thieves?


11 posted on 01/31/2011 2:39:46 PM PST by dljordan ("His father's sword he hath girded on, And his wild harp slung behind him")
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