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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Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
IanCErm so they shouldn't sell edutainment at all? Why?04/17/2014 - 4:42pm
MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
NeenekoAh yes, because by building something nice they were just asking for people to come push them out. Consequences are protested all the time when other people are implementing them.04/17/2014 - 2:06pm
Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
Matthew WilsonSF is a tech/ economic/ trade center it should be mostly tail building. this whole problem is because of the lack of tail buildings. How would having tail apartment buildings destroy SF? having tail buildings has not runed other cities around the US/world04/16/2014 - 10:51pm
Matthew WilsonAgain the issue is you can not build upwards anywhere in SF at the moment, and no you would not. You would bring prices to where they should have been before the market distortion. those prices are not economic or socially healthy.04/16/2014 - 10:46pm
ZippyDSMleeYou still wind up pushing people out of the non high rise aeras but tis least damage you can do all things considered.04/16/2014 - 10:26pm
ZippyDSMleeANd by mindlessly building upward you make it like every place else hurting property prices,ect,ect. You'll have to slowly segment the region into aeras where you will never build upward then alow some aeras to build upward.04/16/2014 - 10:25pm
Matthew WilsonSF have to build upwards they have natural growth limits. they can not grow outwards. ps growing outwards is terable just look at Orlando or Austin for that.04/16/2014 - 4:15pm
ZippyDSMleeIf they built upward then it would becoem like every other place making it worthless, if they don't build upward they will price people out making it worthless, what they need to do is a mix of things not just one exstreme or another.04/16/2014 - 4:00pm
Matthew Wilsonyou know the problem in SF was not the free market going wrong right? it was government distortion. by not allowing tall buildings to be build they limited supply. that is not free market.04/16/2014 - 3:48pm
 

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