Free Republic 2nd Qtr 2024 Fundraising Target: $81,000 Receipts & Pledges to-date: $37,544
46%  
Woo hoo!! And we're now over 46%!! Thank you all very much!! God bless.

Posts by Frankie Brown

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  • Urgent: Internet Tax Freedom Act Expires Today

    11/03/2003 4:49:44 PM PST · 13 of 14
    Frankie Brown 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.
  • Urgent: Internet Tax Freedom Act Expires Today

    11/03/2003 4:49:44 PM PST · 12 of 14
    Frankie Brown 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.