« Reply #5 on: May 29, 2008, 11:41:41 AM »
I did some reading and they are really slinging/stretching the bullshit here.
NYS is taxing the internet retailers based on a ruling from the US Supreme Court - Quill v North Dakota. In the ruling it states that out-of-state retailers can not be required to collect tax on purchases made in states where they do not have a physical presence.
GREAT you say! That backs up our case that this shouldn't be legal. Well not so quick.
NYS is interpreting the ruling as follows and this is where it gets interesting and the bullshit starts: They claim that many/most retailers have online affiliates whom refer web users to their site. Know all those ads you see on webpages and whatnot that redirect you to Amazon/Newegg/etc? Well, those are the affiliates to which they refer. NOW, NYS claims that if EVEN ONE of those affiliate websites is BASED in New York State, that they are thusly a "presence" of the retailer in New York State and are therefore required to collect sales tax.
Bullshit? Hell yeah. They are AFFILIATES, not a fucking part of the operation.
Amazon.com has already brought suit against New York State. Local retailers are calling it a victory since they claim that the online retailers are stealing their business. Sure it makes sense. Some people go to the store, play with the items and then go online to buy them tax free. But I don't believe it's that many. This new law will actually swing the pendulum the opposite direction and go against online retail cause now you will have to pay Tax AND Shipping on your online purchases whereas local purchases will only charge you tax (tho maybe moreso for local city taxes etc).
I hope they strike this crap down because other states are bound to follow suit if it isn't.