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Thread started 29 Jun 2011 (Wednesday) 23:04
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Californians, Say Good Bye to Amazon, B&H, Adorama,...

 
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T.D.
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Jun 30, 2011 18:30 |  #61

Folks, this thread just got a lot shorter. We can discuss the issue without devolving into a political discussion. I'd hate to shut this thread down. So keep it off of politics so we don't have to.



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mobei
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Jun 30, 2011 18:31 as a reply to  @ post 12685332 |  #62

They would be a fool not to. That's why there are auditors.




  
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rick_reno
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Jun 30, 2011 18:38 |  #63

Time to find a friend in Oregon who doesn't mind receiving packages and then shipping them to Kalifornia.




  
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stateman
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Jun 30, 2011 18:40 as a reply to  @ mobei's post |  #64

mobei wrote in post #12685277 (external link)
Finally a voice of reason.

The states realize that these Amazon-type statutes will be challenged in court and that there may actually be a loss of sales tax revenue until this is resolved. Not only do the Amazons of the world continue to not collect tax, but the states can lose revenue (income tax etc) that would have been paid by the in-state affiliates.

However, the states that are passing these laws are doing so because only by raising the profile of this issue thru legislation and litigation can it get Congress off its ass and deal with this issue. Only Congress has the power to address the reach of state sales taxation on such cross-border transactions. The Quill decision in 1992 essentially punted the issue to Congress, deferring any decision on the merits by invoking stare decisis - that since earlier decisions dating decades earlier had set a bright line test for sales tax collection based upon an in-state presence of the seller, that the Court did not believe they should change that rule, but that it should be left to Congress.

And Congress has no intention of dealing with this problem - the states are trying to make a big enough ruckus to force some action. Make them clarify what the damn law is.



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jeppoy
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Jun 30, 2011 18:44 |  #65

KINGSKY wrote in post #12682986 (external link)
CA should tax AAFES as well...


RANDi

really??? one of the benefits of being in the military that sacrifices alot and you want to tax them? Most of their proceeds goes to morale and welfare of the active duty member and their dependents all over the world.


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jclaveria
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Jun 30, 2011 18:48 as a reply to  @ jeppoy's post |  #66

The article says "That's because the new requirement applies only to online sellers based out of state that have some connection to California, such as workers, warehouses or offices here."

I dont know if B&H and Adorama has affiliates in California, so should they actually charge tax?


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speedline_fc
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Jun 30, 2011 18:51 |  #67

jclaveria wrote in post #12685428 (external link)
I dont know if B&H and Adorama has affiliates in California, so should they actually charge tax?

Yes, B&H and Adorama have CA affiliates as well

Anyone can be an affiliate. You just need to have a website and to apply.


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jclaveria
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Jun 30, 2011 19:05 |  #68

jeppoy wrote in post #12685408 (external link)
really??? one of the benefits of being in the military that sacrifices alot and you want to tax them? Most of their proceeds goes to morale and welfare of the active duty member and their dependents all over the world.

+ 1 Pretty brutal to say AA would be taxed.


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MeNiS
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Jun 30, 2011 19:08 |  #69

from what I'm reading... since amazon cut off all affiliates in California, they're not going to charge tax. yes or no?

if yes, then order away and business as usual. =)




  
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speedline_fc
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Jun 30, 2011 19:10 as a reply to  @ MeNiS's post |  #70

thats the way I understand it as well.. no CA affiliates = no need to collect CA sales tax..

so yes, it will be business as usual for Amazon.. just can't say the same for the Amazon Affiliates based in CA who were all "terminated" last night


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cacawcacaw
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Jun 30, 2011 19:16 |  #71

stateman wrote in post #12685393 (external link)
... However, the states that are passing these laws are doing so because only by raising the profile of this issue thru legislation and litigation can it get Congress off its ass and deal with this issue. Only Congress has the power to address the reach of state sales taxation on such cross-border transactions. ...

1,788 views and only one of us seems to know what he's talking about. Maybe we should switch the conversation to whether using a crop sensor is the same as zooming in.

When the initial announcement from Amazon was released, I was wondering why it sounded like a scare tactic. If they were merely looking to relay the cold, hard facts they would have spent more time explaining why Amazon was still the best choice for buyers. With Amazon's fear mongering, exemplified by the Ken Rockwell thing, I'm beginning to wonder just how big the Amazon referral program is.

Is it possible that bloggers looking for profit have substituted themselves for the face-to-face of the local retail store? If so, are they scoffing at those wonderful people on this forum who offer great advice just for love of the craft?

Is anyone willing to become the POTN Amazon affiliate? (I'd do it but I'm in California.) With all the traffic through here, we'd be up to the 8.5% referral rate in no time. If not rebated to each buyer, I'd love to see the referral fees go to a worthwhile charity. With just a minimal amount of participation, the amount of money donated would be significant.


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Bokehlicious
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Jun 30, 2011 19:25 |  #72

speedline_fc wrote in post #12685507 (external link)
thats the way I understand it as well.. no CA affiliates = no need to collect CA sales tax..

so yes, it will be business as usual for Amazon.. just can't say the same for the Amazon Affiliates based in CA who were all "terminated" last night

http://news.cnet.com …e-lab-in-amazon-tax-spat/ (external link)




  
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stateman
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Jun 30, 2011 19:32 |  #73

cacawcacaw wrote in post #12685526 (external link)
1,788 views and only one of us seems to know what he's talking about. Maybe we should switch the conversation to whether using a crop sensor is the same as zooming in.

When the initial announcement from Amazon was released, I was wondering why it sounded like a scare tactic. If they were merely looking to relay the cold, hard facts they would have spent more time explaining why Amazon was still the best choice for buyers. With Amazon's fear mongering, exemplified by the Ken Rockwell thing, I'm beginning to wonder just how big the Amazon referral program is.

Is it possible that bloggers looking for profit have substituted themselves for the face-to-face of the local retail store? If so, are they scoffing at those wonderful people on this forum who offer great advice just for love of the craft?

Is anyone willing to become the POTN Amazon affiliate? (I'd do it but I'm in California.) With all the traffic through here, we'd be up to the 8.5% referral rate in no time. If not rebated to each buyer, I'd love to see the referral fees go to a worthwhile charity. With just a minimal amount of participation, the amount of money donated would be significant.

Sadly, I am a state tax attorney that has spent far too much time dwelling on the constitutional limitations on state cross border taxation.

Also sadly, quite a few of the in-state affiliates impacted are in fact non-profits. I know we're only talking camera equipment on this forum, but think of the book sales linked from charities, religious organizations, civic organizations etc. Ex - our local Parent Teacher Org once put a link to Barnes & Noble on our school website to get a % of sales linked through. I know BN is different than Amazon due to in-state stores, but you get the idea. If the states are going to get this issue fixed for the long term future, these groups may be part of the short term costs.



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speedline_fc
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Jun 30, 2011 19:52 |  #74

But a little-noticed clause in the legislation that Gov. Jerry Brown, a Democrat, signed (external link) into law today gives California tax collectors a second, albeit legally untested, cudgel to use against the Seattle-based company. The law takes effect immediately.

Lab126, A9, and IMDB.. Amazon would've known that their involvement with these companies could have made them responsible for collecting CA sales tax long ago. I'm sure their legal team has something prepared for this day.


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Jun 30, 2011 20:55 |  #75

stateman wrote in post #12685393 (external link)
Make them clarify what the damn law is.

How much clearer than "They need to have a physical presence in the state to collect tax in that state" does it need to be...this whole redefining what constitutes a physical presence is BS...maybe they are just trying to get congress to act, or they are/were hoping that amazon would simply capitulate and go along with it.

"California's new law was drafted to circumvent a 1992 U.S. Supreme Court (external link) ruling that sellers can't be forced to collect sales taxes unless they have a physical presence in the state."

If Calif would get its entitlement spending under control...this probably would not have come up.


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Californians, Say Good Bye to Amazon, B&H, Adorama,...
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