Amazon Inc. has sued the state of New York over a tax law that was implemented in early April. The law requires out-of-state online companies to collect sales tax on items shipped to New York. Amazon claims the law is unconstitutional, while brick-and-mortar companies believe the law allows for fair competition. Watch the full report from WebProNews Reporter Abby Prince on your source for Breaking eBusiness and Search News.
Taxation Without Representation
Does the title here sound familiar to anyone? It is one of the reasons that the colonists tossed all that tea overboard into Boston Harbor and started the American Revolution against the King of England.
Oh my how we have forgotten our history.
Now New York has become a gangster, or rather is using gangster tactics, to force all it’s citizens who shop online to avoid the taxes into paying them via forcing the online retailer to charge the NY State tax and pay the state OR suffer an audit for back taxes. This law is to go into effect June 1, 2008. IF the online retailer registers by then and starts collecting and paying NY those taxes, then NY guarantees they will NOT go after the retailer for back taxes owed for the past few quarters.
I’ve actually been waiting for someone to do this. I knew it was coming when they went after the cigarette internet sellers for customer lists and started sending their citizens tax bills for the taxes they didn’t pay by buying cigarettes online. And warm, understanding people that the State employs, gave these poor souls all of 30 days to pay up or face penalties and interest charges. Some States went back as far as 3 years and some folks, mostly retired too, were hit with back tax bills in the thousands that they had NO way to pay. The States in their compassionate fashion, agreed to payment plans that included PENALTIES AND INTEREST.
The hatred against tobacco allowed them to get away with it, and many of those citizens who cheered it on are now going to get a taste of that.
Someone correct me if I’m wrong, but isn’t blackmail illegal? Isn’t threatening considered bullying?
New York Goes Gangsta With Tax Law
By Mike Sachoff – Tue, 05/06/2008 – 9:30am.Makes sellers offer they can’t refuse
Online retailers doing business in New York will be required to register with the state beginning June 1, 2008 to collect taxes, or face audits for prior quarters for failing to register.
Amazon.com is suing the New York State Department of Taxation and Finance (DTF) over a new state law that requires Internet retailers to collect sales tax on purchases shipped to state residents.
Amazon has argued that since it does not have a physical presence in the state that it should not be required to collect taxes on shipments going to New York. “Amazon has no physical presence in New York,” according to the suit. “It does not own, lease, or otherwise occupy any physical property in the state, and none of its employees works or resides in the state.”
In addition Amazon says the New York law is unconstitutional based on a 1992 U.S. Supreme Court ruling that claims states are prohibited from requiring out of state retailers to collect sales tax unless the company has a physical presence in the state.
In the Quill v. North Dakota case, the Supreme Court re-established the rule that a state could not impose sales tax collection on a business unless the company had employees or property in the state.
Read the FULL STORY here.
May 6th, 2008
Check out the Video here.
I suspect that checkpoints at all the bridges and state line roads will be next to nail all those criminal tax evaders who have the nerve (and the means) to travel across state lines for tax-free, or at least lower taxed, shopping. And let us not forget all the bus depots, train stations and airports. My sister loves to visit her best friend in Delaware, and goes shopping like mad every time because there is NO sales tax in Delaware. She won’t be able to do that much longer from what I can see.
Article 1 Section 9 of the United States Constitution clearly states:
Article. I.
Section. 9.
No Tax or Duty shall be laid on Articles exported from any State.
Maybe it’s just me, but if I buy something online that is shipped from another state, is that state not exporting an article to me? WHAT are these legal eagles thinking to do things like this?
Don’t say we (we=smokers) didn’t try to warn you, we did…………but what did we know, we were just stupid addicted smokers trying to evade the sales tax, right? While I would love to sit back and laugh now, but I can’t. I can’t because in order to fight for MY right to be free to choose, I must also fight for your rights. THIS is the one thing smokers have been trying to get through to everyone. It was never about smoking with us, it was, AND IS, about liberty, freedom of choice, and protecting the very foundation this country was built on.
The blatant, outright disregard for the Constitution is getting out of hand. We need to stop this outrage. IF the States are so hard up for money, they need to lower their sales tax rates which might encourage the citizens of that State to actually buy locally. This is a no-brainer! It doesn’t require a degree in advanced economics.
Do you still think this country is not sliding into a fascist/socialist state?
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WHAT IS GOING ON? 
These are pretty much my feelings too. I’m a middle class 65 yo Caucasian New Yorker who has grown increasingly frustrated with our government, but NY State has gone waaay off the deep end in the past year or two. I think it is time for us “silent majority” types to break the silence and make some noise.
I’d like to see an organized public protest – something like a New York iTea Party where we can all bring something purchased on the internet (pack of cigs, CD, DVD, whatever) to a public place such as South Street Seaport and throw them “into the water” (figuratively – not literally – we could use a garbage truck to crush them). The point being that we would rather throw the things away than pay the outrageous “use tax” imposed on internet purchases.
This protest should also be accompanied by letters to Amazon.com suggesting they drop all New York affiliates as Overstock.com did. Of course, my shopping at Amazon will be significantly curtailed until they either win their suit or get rid of NY affiliates.
Ron said this on June 4, 2008 at 11:16 am |
THE SECOND AMERICAN REVOLUTION IS ON THE HORIZON
The words “No Taxation without Representation” began as a slogan in the period 1763-1776 just before the first American Revolution. The slogan summarized the primary grievance of the American colonists in the Thirteen Colonies who believed the lack of representation in the British Parliament was an illegal denial of their rights as English citizens. The colonists believed that the laws excessively taxing them for services they did not receive were illegal.
It has become apparent to most Americans that both houses of our Congress, just like the British Parliament of the 1760’s and 1770’s, no longer represents the interests of the American people. Our congress routinely passes legislation that benefits a wide variety of special interest groups at the expense of the average American citizen and taxpayer. Through the use of special interest bribes (I mean campaign contributions), it can now be said that America has the best congress that money can buy.
American taxpayers are seeing their taxes go up at every level of government, oftentimes for services and programs that they do not benefit from, nor approve of. Our local and school taxes are rising at a rate far exceeding any increases in our incomes. The U.S. congress and the Federal Reserve are printing fiat money (backed by nothing) as fast as the printing presses can print it and the American taxpayers are starting to get angry about the increasing burden of taxation placed upon them and they have every right to be angry.
The American taxpayers who live up to their responsibilities and who work hard (often holding two jobs) to pay their bills with less take-home money are:
1. paying for ongoing failed social engineering experiments in housing and education,
2. paying for the funding of anti-American, socialist organizations like LaRaza and ACORN,
3. paying for a variety of services provided to 15 million +/- illegal aliens,
4. paying for the bailout of large international banks,
5. paying for the bailout of Wall Street firms,
6. paying for the bailout of real estate investors and
7. paying for the bailout of people who are unable or unwilling to be responsible adults and who fail to pay their own bills, including their mortgages.
Many American citizens, particularly those who pay taxes, are frustrated by a government that no longer represents them, but rather represents the interests of an oligarchy of about one thousand political and financial elites who exert unconstitutional and illegal control over our government and economy for their personal gain.
The members of this oligarchy are not loyal Americans who have the best interests of the county in mind, but rather they are people who benefit financially or politically by keeping our country in a constant state of war, by dumbing down our education system, by devaluating our currency, by separating us into categories by race and ethnic origin, by drugging 6 million of children with mind altering drugs, by flooding our country with illegal aliens, and by chipping away at our nation’s sovereignty, freedoms and liberties.
I believe that Americans are fast approaching a point of frustration and anger with their own government similar to what the American colonists reached in 1776. They want to take their country and government back from the corrupt political and financial elites who control it. Let’s hope that the second American Revolution that we see on the horizon, is accomplished via the ballot box.
_______________________________________
John Wallace
New York Campaign for Liberty
Chatham, New York
http://www.NYCampaignForLiberty.com
John Wallace said this on October 11, 2008 at 6:08 am |
You think your saes tax is bad, wait until your state Reps. go after yet another new tax. You think taxing cigarettes was bad enough. Wait until you see the “SWEET TAX”, which will tax everything and anything that has “any” kind of sweetner. How do you feel about paying for a $4 candy bar or soda.
Charlie said this on February 17, 2009 at 12:46 am |
Nebraska wants to tax people of bordering states an occupation tax to work in there state is this not taxation without representation
Roy said this on June 13, 2009 at 8:25 am |