This will be a very very costly decision. The split of judges was fascinating. The "conservative" judges supported overturning years of precedent and engaged in legislating from the bench while the liberal judges did not. What an odd turn.
Petition against new Supreme Court Internet Sales Tax decision that will affect ALL products.
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Right, physical presence was a very straightforward standard. I own a (not vape related) business that sells rather specialized stuff to customers all over the country (and in fact all over the world -- a bit over 50% of my sales are outside the US). Up until this abominable decision, I had it pretty easy: If my customer was in PA, I collected 6%. If he wasn't, I didn't.
Now I'm gonna have to start generating reports to see whether my sales to South Dakota (and the 20 or so other states that have already passed "Economic nexus" laws in anticipation of this) meet the requirements of each those laws...
I think Straightforward is a Good Way to describe the Standard onto whether or Not a Tax Should or Should be Applicable.
But as to Legislating from the Bench, I think a Strong Argument could be made that Congress's Inability to Statutorily Decide issues which have evolved is causing the Judicial Branch to play a Larger and Larger Role in the way we live our lives.
Either way a Supreme Court Rules could be Viewed as Judicial Legislation, depending on whether one is For or Against, in the Absence of Clear and Concise Laws governing some aspect such as Internet Taxation.
I tend to place more Blame on a Systemically Broken Congressional System than I do on our Judicial System. Congress hasn't kept pace with how things are done Today verses how they were done in the Past.
And this Forces More and More things to be Decided in the Courts. Whether they Want to or Not.
The ineffective nature of congress has given rise to the regulatory state, congressional deference to the executive branch and the rise of a near dictatorial judiciary.
Amazon was actually one of the worst cheaters on sales taxes; somehow they got away with not collecting sales taxes in states where they clearly had physical nexus (such as distribution centers) for years.
With revenues and market cap in the hundreds of billions of dollars, Amazon won't have any difficulties with the accounting requirements.
I've noticed.
They won't have difficulties paying but it's going to cost a lot just to keep track. And that will get passed onto the customers.
I avoid Amazon like a plague infested (exercise some self censorship). The few thing that I have purchased some time back, Amazon always got the tax. Whether Kentucky got the money or not, I have no way of knowing. Amazon also has the financial resources to out litigate the Kentucky Revenue Cabinet many times over, winning by attrition. Gotta love it.
My wife uses them extensively. They have been more compliant of late, but years ago, they were still shipping stuff to PA residents that was "fulfilled by Amazon" without charging the PA sales tax, when they clearly had a big distribution center in Allentown, which made the news due to complaints about the working conditions there. How the heck they got away with that is beyond me (although I have my suspicions).
You don't suspect chicanery in Harrisburg , do you?
No, of course not! The politicians, bureaucrats, and judges there are all virtuous, honest people.
Based on my time spent in Harrisburg I suspect a LOT of things. Devil worship, seeding the populace with odd, mutative substances, 80--90% of bridges being ready to topple any moment, people getting "lost" and never recovered, I could go on.
LOL, PA is a "creepy" place. The husband took me to a backwater bar near there one time, off hours, like 2 p.m. I requested a nice out of the way forest instead, rather hastily. LOL rather take my chance with a bear.
Anna
LOL, PA is a "creepy" place. The husband took me to a backwater bar near there one time, off hours, like 2 p.m. I requested a nice out of the way forest instead, rather hastily. LOL rather take my chance with a bear.
Anna
I'm hoping they pass it. So much money is drained away from local sales, it would be a good option for us to pay 5% across each state with the taxes going to the buying state, not the selling state. Yes I will now duck but my stance remains the same.
Amazon has been charging tax for quite some time now.
The Wall Street Journal points out over 85% of Internet sales are taxed (read Amazon). This will kill off the little guy who doesn't have the staff to figure out not 50 taxing regimes, but 10000 plus.
While paying sales tax is one thing, the states that charge 90% of vaping will demand that on Internet sales.
Stock up.
The Wall Street Journal points out over 85% of Internet sales are taxed (read Amazon). This will kill off the little guy who doesn't have the staff to figure out not 50 taxing regimes, but 10000 plus.
While paying sales tax is one thing, the states that charge 90% of vaping will demand that on Internet sales.
Stock up.
This is where things get a Little Hazy.
Because in the State I live, as well as Most I know about, the Tax on e-Liquids is an Excise Tax. And Excise Taxes are different than a Sales Tax.
So I don't know if States can now Demand the Collection of Excise Taxes or Not?
Here is an Article that mentions this...
https://halfwheel.com/supreme-court-rules-states-can-require-sales-tax-for-online-purchases
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Of they are a sitting member of congress, don't vote for them. I love it when they get fired.
The states will demand the same revenue as they receive from a b&m shop.
At least mine will. They now have no reason to settle for anything less.
One of the reasons there are so many permutations of the tax codes.
If the folly of the 18th Amendment and Volstead taught us anything, it's that markets adjust and commerce continues despite the best laid plans of those who wish otherwise.
Politician: "Hold still, I'm getting my share!"
Capitalist: "Hold this."
Politician: "Hold still, I'm getting my share!"
Capitalist: "Hold this."
States can Demand lots of things. Doesn't mean that they are Entitled to them.
In the Absence of some work coming out of Congress, I guess it is all up to the Courts to say What is What?
So I guess we will just have to Wait and See how this all shakes out Excise Tax wise.
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