Amazon tax deal may boost Main Street Fairness

The deal Amazon.com struck with California’s Legislature last week to postpone sales tax collection and payment for sales into the state through September 2012 could spark quicker acceptance of the proposed federal Main Street Fairness Act’s administrative solution. Under the deal with California, Seattle-based Amazon agreed to collect sales taxes after the 2012 deadline unless Congress approves action on Internet sales taxes before then.

The Main Street Fairness Act is in congressional finance committees for review (in the U.S. Senate: S 1452; U.S. House: HR 2701; Find current bill status at Thomas.gov).

The Streamline Sales Use Governing Board is the agency developing the administrative process for tax collection and distribution, and has been since the 1990s.

U.S. Sen. Dick Durbin (D-IL) introduced the latest Main Street Fairness Act in July saying the act would create national standards and consistent policies so Internet retailers could collect and pay sales taxes simply and efficiently – and not have to match 50 different sets of state and local sales tax laws. Durbin told reporters national legislation is the best solution to prevent state-by-state struggles like Amazon and other Internet retailers are facing.

California is reported to have conceded to the year-long delay in tax collection required by its law that went into effect in July because Amazon was not paying the taxes, which could amount to more than $200 million during the period.

Amazon even tried to use California’s citizen initiative process to encourage residents to overturn California’s law.

Amazon had fired its local affiliates in an effort to avoid nexus and challenge California’s rules under U.S. Supreme Court rulings that exempts state sales taxes if a company doesn’t have a local presence. New York State is fighting Amazon lawsuits over similar nexus legislation. The California deal means Amazon and other Internet-only retailers can bring back local affiliates who may operate without collecting sales taxes through September 2012. California Gov. Jerry Brown has until Oct. 9 to sign the state’s AB 155 before it would pass into law without his signature.

California hasn’t officially adopted the Streamlined Sales and Use Tax Agreement. However, it would have to implement provisions of the Main Street Fairness Act to establish its collection authority. The agreement and the act are intertwined as the agreement provides uniform definitions for products, tax filing requirements, and other rules. So far, 24 states have signed the agreement, including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

The proposed act would exempt small retailers. “Small” is not defined but is expected to mean those that sell less than $500,000 in annual remote sales into a state.

 

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