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Two Problems with the ‘Amazon Tax’

A number of states have passed or are considering passing legislation that would force out-of-state online retailers to collect sales taxes. Most of the public discussion about these Internet taxes has been focused on Amazon, one of the largest online retailers, so commentators now talk about the “Amazon tax.”

Whether one believes that out-of-state retailers should be forced to collect that tax or not, this chart shows 1) why it is unlikely that states will be able to address their budget problems with a new Internet sales tax; and 2) why it is not a good idea to design tax policy around one retailer, in this case Amazon, without considering the million other e-businesses affected.

Using data from studies conducted by Internet Retailer, an e-commerce intelligence company, this graph illustrates why an Amazon-based Internet tax won’t make a lasting impact on state budgetary problems. In 2010, overall U.S. retail sales amounted to $3.92 trillion, with 4.2 percent ($165.4 billion) coming from Internet sales. That means that even if the tax were implemented, it wouldn’t (for now) raise anywhere near enough money to fill the states’ projected cumulative $131 billion budget gap.

More importantly, while it is true that Amazon is by far the biggest Internet retailer, it only represents a small share of overall e-business. As you can see, Amazon’s domestic sales amounted to 11 percent ($18.2 billion) of all online sales. Thus, Amazon sales equal less than half of one percentage point of total U.S. retail sales. Therefore, attempts to base an Internet sales tax around a single retailer like Amazon will likely prove inefficient.

I should note that the issue around the Amazon tax is not whether e-commerce should be exempt from all taxes. The Internet is not a tax-free zone. First, companies selling over the Internet are generally required to collect taxes in places where they have a physical selling presence. Second, in theory, consumers do owe their states the money already, in the form of the user tax — although in reality there are no good ways for states to enforce collection of that money. Hence the states’ attempt to force online retailers to collect the money for them, even when the companies do not have a physical presence in that state. That’s what Amazon objects to — especially considering the complexity and cost associated with dealing with a hodge-podge of regulations and tax rates in 50 states and local municipalities.

Even if Amazon would be able to stomach the added compliance and collection cost of a new tax, the millions of much smaller retailers that make up the bulk of e-commerce might not be. Designing a tax based on the ability of the biggest player to cope with the new cost is bad economics and bad policy.

Apart from getting chronic state overspending under control, it seems that a better solution would be for Congress to adopt an “origin-based” sourcing rule for any states seeking to impose sales-tax obligations on interstate vendors. This rule would be in line with constitutional protections for interstate commerce, would allow for the continued growth of the digital economy, and would ensure that excessive, inefficient taxes do not unduly burden companies. My colleague Adam Thierer and I looked at this option in a recent paper called “The Internet, sales taxes, and tax competition” (our previous work on the subject is here). Back in July, Ramesh wrote a good Bloomberg column arguing for origin-based taxation, too.

Certainly origin-based taxation is a better way to level the playing field than what Amazon is currently doing. Amazon is promising jobs and investment in exchange for tax exemptions in some states where it has a physical presence. Such special pleading is the inevitable result of being targeted by tax collectors who are not satisfied with the revenue from businesses within their own jurisdictions. However, if Amazon succeeds, the result would be the equivalent of corporate welfare: One company will get special tax treatment unavailable to others. That could create a vicious cycle where only large companies can get tax-free status in exchange for promises of jobs.

Update: Yes, origin-based taxation is not meant to maximize tax revenue for states. However, it raises revenue while inducing competition between states and minimizing the burden of tax collections for e-businesses. This, overall, benefits consumers not to mention that it is in line with the intent of the Constitution.

New on The Corner. . .


COMMENTS   35

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   10/19/11 17:16

Makes sense.
When I go to a brick and mortar store, I pay the sales tax based on where the store is located, not based on where I live.

Additionally every Mom and Pop operation that only sells a few thousand a year won't have to keep up with every change in sales tax in each of the thousands of counties and 10's of thousands of cities throughout the country.

On the other hand, this sounds like an opportunity for an enterprising company to create and maintain such a database, and then sell it's services to the mom and pops.

On the third hand, origin based taxing would encourage internet companies to locate themselves in places that have low to no sales tax. Encourage more tax competition between the states. Also a good thing.

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   10/20/11 10:22

There are numerous companies that provide the tax determination services you describe. All such services are expensive, and the only reason that such companies are successful is because of the compliance cost. Any company that can develop and sell such services is a robust one, and it would be much more beneficial for such companies to be adding value to the transactions rather than soaking value up.

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   10/20/11 10:32

As someone who doesn't know anything about the industry, I don't know why the service should be that expensive. I suspect it is because the cost is not being spread over very many customers.

That being said, I do believe that location based taxing would be better.

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 GWB
   10/20/11 10:58

It's expensive, Mark, because the laws are incredibly complex (when you're looking at up to three levels of taxation, the highest of which has at least 54 variations [states, DC, at least 3 territories]), and you have to hire lots of *lawyers* to keep up with them.

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James Pierce, Jr.
   10/19/11 17:19

In Colorado, the 'Amazon tax' has already led Amazon to drop it's Colorado based partners. As Amazon has no physical presence in Colorado that was the 'simple' solution.

This of course leads to less exposure for the Colorado based former Amazon affiliates and thence to lower sales for them. With of course the corresponding disappointment to those expecting a tax 'bonanza.'

Not surprisingly this came out of the Colorado legislature when it was in Democrat hands.

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   10/19/11 17:27

Boy, this idea will work great for Omaha Steaks.

And, just peachy for the regional bakery who accepts my order via internet.

How can we keep electing the most small-minded people to public office?

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   10/19/11 17:51

I voted against Womack in the primary precisely because I expected him to go for nonsense like this, though I didn't expect him to sponsor such nonsense so early in his national career. I'd hoped he would prove me wrong and actually behave as a Conservative and not just be conservative. Alas, my instincts were correct.

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   10/19/11 17:55

Didn't read carefully. Steve Womack, representative from AR, is co-sponsoring a national version of the Amazon tax.

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   10/19/11 17:55

The only reason Ms. de Rugy is advocating for origin based taxation is because it would result in a race to the bottom. Of course, online companies will locate wherever tax rates are lowest, but then take advantage of their ability to do business anywhere.

A better solution would be to have the states enter into interstate compacts that make their collection techniques uniform and perhaps even have a single institution that is charged with collecting the taxes and then distributing them to the states. In this way, states would maintain the freedom to set their sales tax rates.

I notice that a lot of libertarians preach states rights. Up to the time they decide they want to strip states of any discretion in policy.

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   10/19/11 18:07

"A better solution would be to have the states enter into interstate compacts that make their collection techniques uniform and perhaps even have a single institution that is charged with collecting the taxes and then distributing them to the states. In this way, states would maintain the freedom to set their sales tax rates."

As usual, you are wrong.

Your non solution still has the problem of requiring non resident business to know the classification of each item they sell in each taxing district-which for an online store with large inventory could go into tens of thousands of different permutations.

Even local stores I go to have trouble determining which food items are taxable and tax exempt based on how they are classified by the state. Compound that with each city / county / special taxing district and the expense of compliance shoots way up.

And all of that happens to a company outside of the state that is forced to comply with those laws without having any representation in the state - going against one of the core principles of this country.

Of all the proposals I've seen, only the one proposed in the article makes sense. The business only has to worry about complying with the sales tax code of the state / city they are in. Anything else will raise compliance costs, which will be passed along to consumers and hurt employees.

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   10/19/11 20:08

You say bottom, I say top. Taxation should be structured so that the persons or entities with the greatest stake in the tax are the constituents of the politicians responsible for imposing the tax. That ensures democratic accountability. The cost of a sales-tax hike to consumers is relatively low on a per-capita basis, and is widely dispersed, so a rational consumer would not be expected to police the rates and policies set by his state legislature. To a seller like Amazon, though, it makes a huge difference. Basing taxation of cross-border sales on the seller's location thus ensures that legislators receive feedback, and don't have a free hand to raise sales taxes.

As for states' rights, what libertarians are for is liberty. Championing the rights of states vis-a-vis the Federal government is often a means to that end, in circumstances where states are forced to compete (e.g., corporate law). Where public-choice pathologies result in little or no competition among states, or where state regulation is likely to be cumulative rather than competitive (e.g., regulation of professions, regulation of securities offerings, standards for products sold nationally), Federal preemption of state regulation is liberty-maximizing. The sales-tax policy advocated by Ms. DeRugy would be right in the (legitimate) sweet spot of the interstate commerce clause. It would be nice to see that clause invoked by Congress in the way it was intended for once.

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   10/19/11 21:24

If "race to the bottom" means states competing to attract business by lowering sales tax rates, it sounds like a good idea to me.

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   10/20/11 10:26

The chances of your hypothetical interstate pacts actually being implemented are zero, and as such, this is just a beard for your true proclivity.

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   10/20/11 10:34

The only reason why David opposes a race to the bottom is that he is afraid that the state where he will be forced to get a job when his welfare check stops coming.

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kenberthi
   10/19/11 17:58

it would be easy to do, just exempt businesses with sales of less than 10M a year say. Why should amazon have a huge cost advantage over brick and mortar stores, especially now that they sell clothes, electronics, etc.? Sales is sales.

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   10/20/11 10:13

Your exemption introduces an artificial complexity into the business environment and the cost of complying gives the advantage to large companies. Companies on the margins would take care not to exceed the exemption. In other words, there is nothing "easy" about it, and uninformed opinions such as yours cause more problems than they solve.

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   10/19/11 18:20

What Amazon is doing to locate their regional centers is no different from what countless manufacturers and brick-n-mortar businesses have done for decades. States compete for business, some better than others, but most have little to offer besides tax breaks.

Years ago I used to scratch my head at why my Citibank card bill was mailed to South Dakota. Much older and a little bit wiser now I get it.

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Joel B.
   10/19/11 18:21

Here's a better idea: how about states quit pretending that they have any right to tax interstate commerce?

Amazon is not asking for special treatment. Sadly, it's forced to essentially bribe states with promises of jobs in order to get them to follow the Constitution. This should not be necessary.

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 GWB
   10/20/11 10:26

How are they taxing interstate commerce? They are taxing - or trying to - you, as a state citizen buying something within their state (where you are when you make the transaction).

Agree or disagree with the idea, but don't set up strawmen. It hurts your case.

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Joel B.
   10/20/11 11:10

If a citizen of Indiana purchasing goods from a company in California isn't interstate commerce, then the term ceases to have any meaning at all. Thankfully, the Supreme Court tends to agree with me (see Quill Corp. v. North Dakota).

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