California to Out-of-State Online Retailers: Collect State Sales Tax

June 30, 2011 -

California has told out-of-state online retailers to start collecting sales tax for customers residing in the state Beginning July 1. This includes Amazon.com, Overstock.com, and GameStop.com. Beginning Friday this new requirement for retailers takes effect, along with a 1-percentage-point drop in the tax. The new tax collection scheme is projected to raise $317 million a year in new state and local government revenue.

Besides the slight cost to California customers, there are other adverse effects for companies connected with Amazon and similar retailers. Amazon and online retailer Overstock.com have reportedly told thousands of California Internet marketing affiliates that they will stop paying commissions for referrals of click-through customers. This is due to the fact that the new requirement applies only to online sellers based out of state that have a connection to California, such as workers, warehouses or offices.

The LA Times reports that "both Amazon in Seattle and Overstock in Salt Lake City have told affiliates that they would have to move to another state if they wanted to continue earning commissions for referring customers."

California's law was drafted to circumvent a 1992 U.S. Supreme Court ruling that retailers can't be forced to collect sales taxes unless they have a physical presence in the state. The new law establishes that presence by redefining it in two ways: when a seller pays commissions to affiliate sites in California, that refer buyers; and when sellers have a related company operating in the state.

Many of those affiliate companies said that they plan to move or are considering a move.

Meanwhile, Governor Jerry Brown is praising the new law, calling it a "common-sense idea." He signed the bill into law on Wednesday.

Amazon sees it differently:

"We oppose this bill because it is unconstitutional and counterproductive," Amazon wrote to its California business partners Wednesday. Amazon has said what further actions it might take to challenge the California law.

Source: LA Times

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Comments

Re: California to Out-of-State Online Retailers: Collect ...

Apparently, Barnes and Noble welcome the new law

http://blogs.publishersweekly.com/blogs/PWxyz/?p=5643

“We thank Governor Jerry Brown for demonstrating his commitment to California businesses by signing e-fairness into law. This legislation will directly benefit California businesses by creating a fair marketplace,” said William Lynch, Chief Executive Officer, Barnes & Noble. “We believe that e-fairness will improve the economy, add jobs, and help struggling businesses everywhere in California. By signing this law, the Governor has made clear that his priorities are to help bolster economic recovery. This is a huge win for business in the state of California.”

 

What is a game?(throws wine glass on the floor and it breaks to pieces) A miserable little pile of secrets.

What is a game?(throws wine glass on the floor and it breaks to pieces) A miserable little pile of secrets.

Re: California to Out-of-State Online Retailers: Collect ...

I was watching TV the other night, North Dakota came up about it's amazing job growth through some backwards extremeist idea that "Bussiness Friendly Laws" are good for jobs.

 

I guess Califorina is far too progressive for such bacwards thinking.

Re: California to Out-of-State Online Retailers: Collect ...

Gamestop isn't already collecting tax? They certainly have a nexus in CA.

 

Re: California to Out-of-State Online Retailers: Collect ...

Fun fact: Gamestop.com is a seperate entity from brick-and-mortar stores. Since it's based in Texas, and has no branches in California, it can enjoy the same non-taxing that Amazon.com and Overstock.com has. When you order from Gamestop.com, you're ordering directly from the warehouse (In Texas), and not a local location.

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

Re: California to Out-of-State Online Retailers: Collect ...

As a Californian myself I have to say this was stupid. We all knew exactly what Amazon and others would do, cut ties to all affiliates in California, thus causing small California businesses who rely on those programs to be hurt. This won't bring any signficant money into the state, on the whole we'll probably lose out.

California has to take a good hard look at what it wants to do about property taxes before we'll be solvent again. That and cut services.

Re: California to Out-of-State Online Retailers: Collect ...

Thanks a lot to everyone who voted Jerry Brown into office. Good job. Real good.

CA is fucked.

Re: California to Out-of-State Online Retailers: Collect ...

I can see the tourism brochures now. "California: What Constitution?!"

_____________________________________________________________________________

"Power means nothing without honor and pride."

http://grifsgamereviews.blogspot.com My video game review site.

Atlanta Video Games Examiner for examiner.com

Re: California to Out-of-State Online Retailers: Collect ...

Good bye jobs. Not like California needed you or anything. 

Re: California to Out-of-State Online Retailers: Collect ...

i spit out my milk when i red  your coment it made me laugh so hard. but yea its redickulis how peaple seam the way to get out of det is to tax in sted of you  know maybe cuting spending  i know i know ratickel idea

am dyslexic and have a learning disablement from when i died as a baby and sustained brain damage do to lack of oxygen pleas pardon my bad spelling and grammar

 

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am dyslexic and have a learning disablement from when i died as a baby and sustained brain damage do to lack of oxygen pleas pardon my bad spelling and grammar-

Re: California to Out-of-State Online Retailers: Collect ...

Understood, but you can always run your text through a spell-checker before you post if it bothers you enough to feel the need to explain it.  

Re: California to Out-of-State Online Retailers: Collect ...

it doesint bug me what bugs me is when i get peaple acting like gramer notzies and  herassing me over it so i put it in becuse for the most part  it keeps ppl from sayingthings

 

am dyslexic and have a learning disablement from when i died as a baby and sustained brain damage do to lack of oxygen pleas pardon my bad spelling and grammar

 

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am dyslexic and have a learning disablement from when i died as a baby and sustained brain damage do to lack of oxygen pleas pardon my bad spelling and grammar-

Re: California to Out-of-State Online Retailers: Collect ...

Spell Check.

If you're aware enough that you have an awful way with words, be productive enough to counter it rather than using your disability as an excuse for laziness.

Here are we -- and yonder yawns the universe.

Here are we -- and yonder yawns the universe.

Re: California to Out-of-State Online Retailers: Collect ...

This bill is aready in New York, Illinois, Rhode Island, and North Carolina. I find this counter-productive in that the bill just makes Amazon, Overstock, drugstore, and E-bay remove their presence from the state rather than rework their entire site to accomidate individual states.

Rhode Island General Treasurer Frank T. Caprio was recently quoted, saying, "The affiliate tax has hurt Rhode Island businesses and stifled their growth, as they’ve been shut out of some of the world’s largest marketplaces, and should be repealed immediately."

Re: California to Out-of-State Online Retailers: Collect ...

It's just like the pre MPAA days.

Re: California to Out-of-State Online Retailers: Collect ...

California has an unconstitutional bill hard on now.

 
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Papa MidnightIt's not bad so far, but I am honestly not sure what to make of it (or where it's going for that matter)07/28/2014 - 9:44pm
Matthew Wilsonis it any good?07/28/2014 - 9:36pm
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MaskedPixelanteNah, I'm fine purple monkey dishwasher.07/28/2014 - 4:05pm
Sleaker@MP - I hope you didn't suffer a loss of your mental faculties attempting that.07/28/2014 - 3:48pm
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ZenMatthew, the 3DS already has GBA games in the form of the ambassador tittles. And I an just as curious about them not releasing them on there like they did the NES ones. I do like them on the Wii U as well, but seems weird. And where are the N64 games?07/28/2014 - 10:40am
james_fudgeNo. They already cut the price. Unless they release a new version that has a higher price point.07/28/2014 - 10:19am
E. Zachary KnightMatthew, It most likely is. The question is whether Nintendo wants to do it.07/28/2014 - 10:12am
Matthew WilsonI am sure the 3ds im more then powerful enough to emulate a GBA game.07/28/2014 - 9:54am
Sleaker@IanC - while the processor is effectively the same or very similar, the issue is how they setup the peripheral hardware. It would probably require creating some kind of emulation for the 3DS to handle interfacing with the audio and input methods for GBA07/28/2014 - 9:30am
Sleaker@EZK - hmmm, that makes sense. I could have sworn I had played GB/GBC games on it too though (emud of course)07/28/2014 - 9:23am
E. Zachary KnightSleaker, the DS has a built in GBA chipset in the system. That is why it played GBA games. The GBA had a seperate chipset for GB and GBColor games. The DS did not have that GB/GBC chipset and that is why the DS could not play GB and GBC games.07/28/2014 - 7:25am
IanCI dont think Nintendo ever gave reason why GBA games a reason why GBA games aren't on the 3DS eshop. The 3DS uses chips that are backwards compatable with the GBA ob GBA processor, after all.07/28/2014 - 6:46am
Sleakerhmmm that's odd I could play GBA games natively in my original DS.07/28/2014 - 1:39am
Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
MaskedPixelanteSomething, something, the 3DS can't properly emulate GBA games and it was a massive struggle to get the ambassador games running properly.07/27/2014 - 8:06pm
Andrew EisenIdeally, you'd be able to play such games on either platform but until that time, I think Nintendo's using the exclusivity in an attempt to further drive Wii U sales.07/27/2014 - 7:21pm
Matthew WilsonI am kind of surprised games like battle network are not out on the 3ds.07/27/2014 - 7:01pm
Andrew EisenWell, Mega Man 1 - 4, X and X2 are already on there and the first Battle Network is due out July 31st.07/27/2014 - 6:16pm
 

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