#1 2011-06-30 11:08:16

Our beloved Gov Moonbeam has decided to try to collect sales tax from out of state Internet retailers.  This has the effect of shutting down 25,000 Amazon affiliates and untold others in the state. On the same day he signed a law eliminating or crippling the state's redevelopment agencies.  This will kill billions in new construction and cost thousands of jobs.  I can't believe there are any companys willing to continue operating in this state.

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#2 2011-06-30 11:11:55

SC tried to get Amazon to collect taxes.  They stopped construction on a distribution center that was 30% complete and began canceling contracts.  Then the legislature got its collective head out of its ass and re-instated the bill they killed.

Amazon ginned construction right back up.

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#3 2011-06-30 11:20:15

Scotty wrote:

SC tried to get Amazon to collect taxes.  They stopped construction on a distribution center that was 30% complete and began canceling contracts.  Then the legislature got its collective head out of its ass and re-instated the bill they killed.

Amazon ginned construction right back up.

Not likely to happen in CA.  Too many here honestly believe business is the root of all evil.

Last edited by phreddy (2011-06-30 11:20:48)

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#4 2011-06-30 13:05:03

It's a more complex problem, Amazon enjoys an unfair sales advantage that has pretty much devastated the local stores.  The net effect being a loss of state and local jobs and tax income.  Allowing them to operate as a non-taxable storefront which is basically local (the internet) is a key component to the decade long economic morass we are trying to come out of.

The redevelopment agencies were another worthless slushfund; do you really think Irvine needs external funds to "revitalize" their fair city?

Last edited by Emmeran (2011-06-30 13:05:52)

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#5 2011-06-30 14:23:32

Emmeran wrote:

It's a more complex problem, Amazon enjoys an unfair sales advantage that has pretty much devastated the local stores.  The net effect being a loss of state and local jobs and tax income.  Allowing them to operate as a non-taxable storefront which is basically local (the internet) is a key component to the decade long economic morass we are trying to come out of.

The redevelopment agencies were another worthless slushfund; do you really think Irvine needs external funds to "revitalize" their fair city?

All Internet based businesses have the same advantage as Amazon.  The Supreme Court has ruled that states cannot collect sales tax from companies which have no facilities within that state.  California is attempting to get around this ruling by saying that affiliates are part of the main company, which we all know they are not.

As for redevelopment, you have no idea how important it is to small communities.  I know a lot about this subject and I am a member of the California Redevelopment Association.  Redevelopment money is a portion of the property tax that would otherwise be paid to the county and the local schools, etc.  It is not an additional tax.  The state has never had a claim to it.  Taking it is nothing more than another tax on local communities which will now have to backfill the loss.  We passed a state constitutional amendment last November prohibiting this.  It costs a small RDA about $400,000 to set up a project area.  They must prove that 80% of the property within the area is urban, developed, and blighted.  I agree that the golf courses and sports stadiums are abuses, but these are the rare example of bad RDA deals.  Most California RDAs spend all the money on public projects in blighted areas and most do not exercise eminent domain to obtain private properties. 

With the economic condition the way it is in California, redevelopment is funding a huge percentage of new development.  It is going to be very bad if this deal sticks.

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#6 2011-06-30 17:45:22

First and only time this is likely to ever happen, but I agree with Phred.

This is a commerce killer.  Amazon took a lot of risk to establish its business model.  It was in the red for many years before it caught on. Now that it so successful and has essentially changed commerce in America the states want to come in and grab some of the money.  They are not entitled to it. 

If Amazon has to collect taxes in Illinois, I will stop purchasing from Amazon.  I will not instead purchase locally, because the taxes are already too high. I'll just keep my money, because other than groceries and gas there's nothing that I really need anyway.

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#7 2011-06-30 18:04:05

headkicker_girl wrote:

First and only time this is likely to ever happen, but I agree with Phred.

I'm going to frame this post and sleep with it under my pillow.

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#8 2011-06-30 18:08:27

headkicker_girl wrote:

First and only time this is likely to ever happen, but I agree with Phred.

This is a commerce killer.  Amazon took a lot of risk to establish its business model.  It was in the red for many years before it caught on. Now that it so successful and has essentially changed commerce in America the states want to come in and grab some of the money.  They are not entitled to it. 

If Amazon has to collect taxes in Illinois, I will stop purchasing from Amazon.  I will not instead purchase locally, because the taxes are already too high. I'll just keep my money, because other than groceries and gas there's nothing that I really need anyway.

Firstly Amazon didn't invent the business model, they just moved it to the internet; no more risk than any new business.

So basically Amazon goes off-shore to avoid the tax bite, builds it's cash there and then waits to repatriate it at a low single didget corporate rate during the next "tax holiday" (see Cisco).

Capitalism is all well and good until you try to start avoiding local responsibility as a means to increase your profit margin; in this case since they do have a presence in California they should own up. 

Common sense tells us sales tax should be charged at the rate of the delivery location, people in those locales have voted in the tax for specific purposes thusly they have chosen to pay that tax.  Common sense also tells us that this is strictly a political ploy there is no way Amazon is going to abandon the California market.

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#9 2011-06-30 18:37:15

Common sense also tells us that this is strictly a political ploy there is no way Amazon is going to abandon the California market.

From what I've been reading, Amazon does not have a physical presence in California.  The legislation tries to identify affiliates who refer traffic as an Amazon presence.  The simple thing for Amazon is to cut ties with all the affiliates, which they have done.  No more tax problem.  Legally speaking, the citizens of California are supposed to send the state the sales tax on their Internet purchases.  So, it's already covered, right?

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#10 2011-06-30 18:46:05

Emmeran wrote:

headkicker_girl wrote:

First and only time this is likely to ever happen, but I agree with Phred.

This is a commerce killer.  Amazon took a lot of risk to establish its business model.  It was in the red for many years before it caught on. Now that it so successful and has essentially changed commerce in America the states want to come in and grab some of the money.  They are not entitled to it. 

If Amazon has to collect taxes in Illinois, I will stop purchasing from Amazon.  I will not instead purchase locally, because the taxes are already too high. I'll just keep my money, because other than groceries and gas there's nothing that I really need anyway.

Firstly Amazon didn't invent the business model, they just moved it to the internet; no more risk than any new business.

So basically Amazon goes off-shore to avoid the tax bite, builds it's cash there and then waits to repatriate it at a low single didget corporate rate during the next "tax holiday" (see Cisco).

Capitalism is all well and good until you try to start avoiding local responsibility as a means to increase your profit margin; in this case since they do have a presence in California they should own up. 

Common sense tells us sales tax should be charged at the rate of the delivery location, people in those locales have voted in the tax for specific purposes thusly they have chosen to pay that tax.  Common sense also tells us that this is strictly a political ploy there is no way Amazon is going to abandon the California market.

The risk they entailed was bringing the online shopping mall to the internet in its mass infancy.  HKG is right, Amazon was sucking hind tit for years and it finally paid off and they are being targeted for it.

Speaking to purely physical presence, SC local business alliances kept spreading that bullshit all over the airwaves here.  I buy from Amazon now and eschew traveling to a local business.  Bringing them to the state in the form of a distribution center isn't going to make me all of a sudden buy more things from them but making them collect sales tax from me damn sure would make me stop buying from them.

I recently upgraded my home theatre system and of the TV, TV stand, receiver, speakers and DVD player I purchased the receiver and speakers online for two reasons.  First and foremost was that the items I wanted were no where to be found locally; second was price.  The TV I researched and found it cheaper locally so I went that route and the shipping made the stand cost prohibitive to buy online so that was local as well.

The bigger problem that ought to be addressed is the clout that Wal-mart possesses which allows it to have electronics manufacturers supply them with identical items that have different model numbers so they can get around price matching.  This is a known mechanism they employ.

Last edited by Scotty (2011-06-30 18:46:41)

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#11 2011-06-30 18:48:12

phreddy wrote:

Legally speaking, the citizens of California are supposed to send the state the sales tax on their Internet purchases.  So, it's already covered, right?

This.

You are legally obligated in most jurisdictions to pay your own sales tax on most online purchases.  The states ought to police their own.

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#12 2011-06-30 19:01:44

Scotty wrote:

phreddy wrote:

Legally speaking, the citizens of California are supposed to send the state the sales tax on their Internet purchases.  So, it's already covered, right?

This.

You are legally obligated in most jurisdictions to pay your own sales tax on most online purchases.  The states ought to police their own.

My thought exactly.  Of course, we are legally obligated to pay our own income tax to the feds, but they would rather force our employers to do the collecting for them.

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#13 2011-06-30 23:11:16

Emmeran wrote:

Common sense tells us sales tax should be charged at the rate of the delivery location, people in those locales have voted in the tax for specific purposes thusly they have chosen to pay that tax.  Common sense also tells us that this is strictly a political ploy there is no way Amazon is going to abandon the California market.

Common sense tells me sales tax should be charged at the rate of the sales location.  That's why it's called "sales tax" not "buying tax" or "delivery tax".  If the delivery location wants a slice it should tax something happening at the delivery end... like, say, THE DELIVERY.

Mostly this seems to be a way for Amazon to get out of paying commissions to Californian referrers, with the added bonus of a nearly unenforceable tax regime for California.

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#14 2011-07-01 01:01:19

All sound points I'll concede that, however prepare to make up the difference in property or income taxes.  Like it or not sales tax is the fairest tax in the land, the more you consume the more you pay.

And let's be realistic: Amazon is simpley JC Whitney or the Sear's catalog made popular (again after 50 years); nothing new to see, keep moving along.

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#15 2011-07-01 01:48:31

Shop local is what I say, and only shop Amazon when your local provider/small business person cant provide.

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#16 2011-07-01 22:54:35

Tax short term capital gains at 50%. FUCK the daytraders.

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#17 2011-07-02 02:10:17

sigmoid freud wrote:

Tax short term capital gains at 50%. FUCK the daytraders.

I disagree, all capital gains should be treated like payroll income; let the fuckers live in our world.

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#18 2011-07-02 03:41:28

Succession is a perennial theme in California politics.  One year it's the North wishing to break away, the next year it's the South.  Even different sections of counties wish to separate, and have done so in the past.  Next year it will be the North's turn to want to take their marbles and leave.  It's not been suggested to my knowledge, but I think a more logical breakup would be West (coastal) and East (inland) California becoming separate states.  The new states could call themselves East California and West California, or Outer California and Inner California.

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#19 2011-07-02 16:44:02

While I agree that there is nothing about Amazon that the Sears catalog didn't have 50 years ago, what's really riling local politicians is that when companies like Amazon don't pay sales tax in their state or locality, the politicians don't have any leverage against them when going to solicit campaign contributions.

The typical model is that politicians solicit contributions as a quid-pro-quo to setting up new regulations that protect those entrenched businesses against startups. Really big contributors can pay extra for tax amnesties and zoning loopholes.

No taxes, no local presence == no leverage. Therefore "Something Must Be Done".

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#20 2011-07-02 17:23:17

Politics aside, broke is broke and to resolve that we must cut undeserved entitlements and insure fair taxation.

So yes, that means the prison guards don't get to retire at age 55 with $4mil in life expectancy benefits and the bond traders have to pay sales tax on the 110" TV's they purchase on Amazon.

They can be like the rest of us and suck the front teats for a while.

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#21 2011-07-02 19:49:50

I don't think it's about trying to suck money from Amazon.  The taxes they want to collect are owed to the State of California, it's not like they're asking for money from affiliates from out of state.  The reason why they're going after Amazon is because with the law the way it is it's the only realistic  way to try to collect because the current law is retarded and assumes that rather than having the businesses collect the taxes at the point of sale, each taxpayer will just add up all of the taxes they would have owed and cut the state a check at the end of the year.  Just imagine if all sales taxes worked that way. 

Ultimately it seems pretty obvious that this bill will backfire, though, unless a critical mass of states decide to enact the same laws.  Given how cash-starved most states are, I think it's unlikely, but still more likely than it would have been 5 years ago.

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#22 2011-07-03 22:07:04

All this sort of thing is going to do is force offices to places like the Cayman Islands.

In that way, the purchases will happen in a no-tax location, and the parent company will direct delivery from warehouses held in the USA.

Then California will have to try and sort out inter-state commerce, and go for something like import duties on stuff from out of state.  Good luck.

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#23 2011-07-04 01:51:52

peco wrote:

All this sort of thing is going to do is force offices to places like the Cayman Islands.

In that way, the purchases will happen in a no-tax location, and the parent company will direct delivery from warehouses held in the USA.

Then California will have to try and sort out inter-state commerce, and go for something like import duties on stuff from out of state.  Good luck.

In the end you either pay for your elected government or replace it, but even should you replace it you still have to pay one way or another.  Me, I favor a consumption based tax rather than a Value/Income Based or even Europes VAT.  This scenario is one of the pre-cursor's to a VAT system.

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#24 2011-07-05 06:29:49

The VAT is a mostly consumption-based tax, and it better handles (at least within Europe) stuff moving between countries.

Canada has (probably still has) the same issue with provincial sales taxes, but most provinces have harmonized with the federal sales tax to create a VAT-like tax called the HST... but you can still avoid it by buying offshore in the scenario I mentioned.

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