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Urgent: Internet Tax Freedom Act Expires Today
News ^ | 10/31/2003 | Self

Posted on 10/31/2003 9:19:32 AM PST by Positive

I didn't paste in the entire law, naturally it's kind of long, you can read it at the URL above (UCLA).

All the Congress Critters have to do is nothing, then all of the cash starved governmental entities can start sticking taxes on the internet.

It's passed time that we should start inundating our representatives and senators with email telling them to extend the Act at least another 3 years.


TOPICS: Announcements
KEYWORDS: congress; internet; tax; urgent

1 posted on 10/31/2003 9:19:33 AM PST by Positive
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To: Positive
Nobody likes taxes, but this is also a States Rights issue.

Should the federal government block the states from formulating their own Internet tax policies, or should it be left to the each state to decide?

2 posted on 10/31/2003 9:26:35 AM PST by HAL9000
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To: HAL9000
Ever hear of interstate commerce?
3 posted on 10/31/2003 9:30:43 AM PST by CJ Wolf
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To: Positive
Tuesday, October 21, 2003
The Wall Street Journal

REVIEW & OUTLOOK: The Internet Tax Grab

Just as Congress is poised to make the temporary ban on taxing Internet access permanent, some politicians are using the occasion to stage a revenue gold rush by pushing for an Internet sales tax. We can't think of a better way to handicap a technology with uses the world is just beginning to understand.

By any measure, limiting the tax man's presence in cyberspace has been a Net good. The number of Web users continues to rise: Online sales were up 26% in 2002 and widespread adoption of broadband technology is expected to add $500 billion to GDP over each of the next 10 years.

Much of this growth has been aided by the 1998 Internet Tax Freedom Act, which prohibits "multiple or discriminatory" taxes that would discourage Internet use, not to mention electronic commerce. The ban is due to expire on October 31, but its co-authors -- Representative Chris Cox (R., Calif.) and Senator Ron Wyden (D., Ore.) -- have introduced legislation to make the antitax provisions permanent. Their Internet Tax Nondiscrimination Act has already passed the House and President Bush has indicated his support. As usual, the Senate is the tax ambush site.

While early adapters to the Web tended to be male and affluent, the fastest-growing segments of the Internet population today comprise women and middle- and low-income earners. Among people who began shopping online in 2002, 57% were women and the average household income was $52,000. In other words, letting the moratorium lapse would set the stage for a slew of new regressive taxes on Web access.

But the real Internet tax debate has always concerned sales taxes, which aren't covered under the current moratorium. Decades before terms like e-mail and broadband entered the lexicon, states were trying to collect sales taxes through catalog companies and other "remote" vendors that have a substantial physical presence ("nexus") in only a few states but customers nationwide.

What's been keeping the tax man's hand out of this cookie jar thus far is a long history of Supreme Court jurisprudence. Most recently in its 1992 Quill decision, the Court held that the nation's 7,600 tax jurisdictions could impose tax-collection burdens only on companies with a nexus in the taxing jurisdiction.

The National Governors Association, the National Conference of State Legislatures and others with tax dollar signs in their eyes are now petitioning Congress to overturn Quill. In exchange for simplifying their tax systems, state and local officials want federal authorization to tax interstate commerce.

Congressman Ernest Istook of Oklahoma and Senator Mike Enzi are two Republicans who are eager to oblige. Both recently introduced legislation that paves the way for this huge expansion of the states' tax base.

States are quick to cite budget deficits as a reason to let them tax online sales. But the fact remains that Americans sent a record $872 billion to state and local governments in 2002, according to the Commerce Department. In real terms, that's 10% more than was sent five years ago and a 27% increase in state and local revenue over the past decade. Before a Congress under GOP control extends any more taxing authority to the states, it might consider that the underlying problem is overspending, not lack of revenue.

Nor are brick-and-mortar complaints about fairness a sound reason to dilute the Constitution's Commerce Clause. Stores like Wal-Mart and Target have retail outlets in most states and hence enjoy certain benefits -- police and fire protection, garbage collection, road construction -- from the sales taxes they collect and remit to local authorities. Online vendors like Dell, which has no retail outlets, do not enjoy those benefits. Forcing Dell to pay the same taxes in jurisdictions where it has no nexus does not "level the playing field." Tax simplification would certainly be welcome, but granting local officials open-ended tax authority over interstate commerce looks like the first step toward a national sales tax. Having witnessed the economic damage caused by value-added taxes in Europe, we're not eager to see it duplicated here. States won't solve their fiscal problems by taxing the Internet, but they could do a lot of harm to this new medium while trying.

4 posted on 10/31/2003 9:32:57 AM PST by Positive
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To: CJ Wolf
Ever hear of interstate commerce?

Yes, but this also affects intrastate commerce.

I'm all for a permanent federal Internet tax moritorium, but it seems to me that state tax issues should be left to the states.

5 posted on 10/31/2003 9:33:34 AM PST by HAL9000
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To: Positive
BUMP!
6 posted on 10/31/2003 9:36:01 AM PST by KDD (I didn't say it was your fault...I said..I was going to blame you.)
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To: Positive
So what's actually happening on this today? Are Congresscritters doing anything to extend the moratorium? Looks like they have defaulted to their fellow politicians back home for additional income from us. This is pretty sickening.
7 posted on 10/31/2003 9:36:09 AM PST by toddst
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To: toddst
This passed the House a while ago. The Senate (who else) is the problem. If they just sit on their thumbs, they can kill the internet.

Lamar Alexander (R-Tenn.), a former governor, is all for taxing the Web into screaming oblivion. The governors' claim their states are "losing billions" in revenue, and just want their fair share of the pot.

They'll succeed in either bankrupting small businesses or driving them off-shore to tax-free havens.

Nice going, gov.

8 posted on 10/31/2003 11:01:59 AM PST by reformed_democrat
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To: HAL9000
If you buy something from a internet site that has a physical presence in the state in which you live, the state can and does levy a sales tax.

I think we may be talking about taxes levied on your internet subscription. Like if you pay $20 per month it may go to $25, $5 being taxes.

I don't smoke but I understand that more than half of a the price of a pack of smokes is tax...whatever politicians can tax, they will tax.

9 posted on 10/31/2003 1:24:51 PM PST by Positive
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To: HAL9000
If you look at the bill, it's a mix of states rights and interstate commerce. They stepped over the line with (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; - as it pertains to taxing in-state customers. That should be up to each state, as long as they are only taxing businesses and residents of their state. When they try to tax out of state customers and businesses the states cross over the line.

So it's right on the money when it comes to preventing california being able to tax purchases made from a company in texas when the company has no physical presence there. In that respect it simply gives internet companies the same protections phone and catalog companies have had for decades. If states want to tax purchases made out of state, they should enforce it on their own with their taxpayers, not require out of state business to comply with 50 different taxing states and thousands of individual tax entities that would be a nightmare to keep track of.
10 posted on 11/01/2003 2:54:50 PM PST by flashbunny
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To: HAL9000
I traced the route to www.freerepublic.com. Along the way it hits:

2 servers in Minnesota
4 servers in Illinois
5 servers in California

Then freerepublic.

If Minnesota, Illinios, and California decide to tax the internet, I'm likely to see 11 different tax charges on my phone bill each time I post to freerepubilc.com. Taxing the internet a fair tax? No way.
11 posted on 11/02/2003 5:38:01 PM PST by MetalMan
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To: MetalMan
First, the ITFA doesn't prevent any state from taxing any payment you make to Free Republic; the ITFA prevents taxes on Internet access and certain (already constitutionally impermissible) discriminatory taxes. Second, since Free Republic is a free information service, no transactional tax issues involving a tax (e.g., sales tax, gross receipts tax) on use ever arise. Third, any state that has sufficient tax nexus over both Free Republic and the transaction the state seeks to tax (i.e., your use of Free Republic) could tax the transaction EVEN IF THE ITFA WERE IN EFFECT. Although I don't know where you are, the states that you mention (CA, IL, MN) COULD NOT CONSTITUTIONALLY tax the trasnsaction if the only connection for you or Free Republic to the state was the presence of a Free Republic server or telecom switch (see the U.S. Supreme Court decisions in Goldberg v. Sweet and Jefferson Lines). Basic point: the ITFA doesn't really do much, whether enacted or expired.
12 posted on 11/03/2003 4:49:44 PM PST by Frankie Brown
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To: MetalMan
First, the ITFA doesn't prevent any state from taxing any payment you make to Free Republic; the ITFA prevents taxes on Internet access and certain (already constitutionally impermissible) discriminatory taxes. Second, since Free Republic is a free information service, no transactional tax issues involving a tax (e.g., sales tax, gross receipts tax) on use ever arise. Third, any state that has sufficient tax nexus over both Free Republic and the transaction the state seeks to tax (i.e., your use of Free Republic) could tax the transaction EVEN IF THE ITFA WERE IN EFFECT. Although I don't know where you are, the states that you mention (CA, IL, MN) COULD NOT CONSTITUTIONALLY tax the trasnsaction if the only connection for you or Free Republic to the state was the presence of a Free Republic server or telecom switch (see the U.S. Supreme Court decisions in Goldberg v. Sweet and Jefferson Lines). Basic point: the ITFA doesn't really do much, whether enacted or expired.
13 posted on 11/03/2003 4:49:44 PM PST by Frankie Brown
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To: HAL9000
this is also a States Rights issue.....................


I seriously doubt that more than a hand full of our elected could even describe what a "state's rights issue" is.

If our elected do not move to extend the moritorium, it will open a floodgate of new taxes, at all levels.

If that happens, I'll be forced to write-in "Eff Ewe" for every elected office.....................
14 posted on 11/03/2003 4:56:35 PM PST by WhiteGuy (Constitutionally limited Government now!)
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