The Tax Ban Cometh
Wednesday, October 31st, 2007Despite protests from some states whose governments are lamenting lost revenue, the US Congress has approved another extension to the Internet tax moratorium. Now it’s down to President Bush’s signature, and there’s no reason to believe he won’t sign it. If he doesn’t, his polling numbers are sure to drop even further.
For anyone who’s not aware of this debate, it’s a key feature of Web business as well as a sticking point for many state governments. States levy sales taxes on transactions involving any business with a “physical presence” anywhere in their state; thus you pay tax on your new PC whether you buy one in a traditional bricks-and-mortar store or online – presuming the retailer (say Best Buy) has a physical store or other facility somewhere in your state. This is an outgrowth of the mail order economy, which also charged no sales tax except in the state where the company operated physical facilities.
Online-only retailers like Amazon and Tiger Direct operate in a similar manner and have enjoyed the same tax exemption, much to the dismay of state governments who claim shrinking revenues due to the increased effect of Internet based businesses. They also would like ISP access itself to be taxable, which is simply a money-grab strategy. A variety of schemes have been proposed to mitigate the alleged loss of revenue, none of which have ever gotten past committee. One insisted sales tax should be levied for all online purchases, based on the buyer’s home address. Other states have said that anyone who buys from an online merchant should mail a check for the appropriate amount of sales tax to their home state’s department of revenue! Needless to say no one has taken any of these ideas seriously, since the first would place a massive burden on Internet-based retailers while the second is simply unenforceable.
All hyperbole aside, sales taxes were originally intended to compensate local governments for the burden involved in supporting local retailers. If someone built a shop on Main Street, the local government needed to provide police and fire protection, as well as other physical infrastructure to support that business (roads, utilities, etc.). The sales tax was seen as the state’s “cut” of a business’ profit… and thus the “physical presence” test. Internet businesses don’t have a physical presence and place no burden on government resources: therefore sales made through these online retailers shouldn’t result in a windfall for government coffers. And in any case, the additional revenues made by UPS and other delivery services as a result of Internet businesses should more than compensate states for any loss in other areas.
The tax ban is now being extended for another seven years. This also includes, even more importantly, a ban on “bit taxes” that would have subjected consumers to fees for Internet access itself. Some providers said access costs could “shoot up as much as 17% without” an extension to the moratorium. Given that this ban has been extended several times already, it’s apparent it should be made permanent so lawmakers are no longer required to waste time debating it all over again.