Hungry States Eye Web Sales Taxes, Net Casinos

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Hungry States Eye Web Sales Taxes, Net Casinos


The gambling tax is just one of a bevy of proposed levies aimed at the wallets of Internet shoppers, gamblers and etailers. A separate bill in Congress would essentially end the sales tax exemption for Internet sales, which states and cities say costs them billions of dollars a year in lost revenue, but saves shoppers serious money.

Meanwhile, the recession-driven drive to tax the Web has also mobilized the giants of ecommerce and their allies in Congress. In an unusual show of bipartisanship, Virginia Democrat Rick Boucher and Texas Republican Lamar Smith have introduced the Digital Goods and Services Tax Fairness Act of 2010, which would make it extremely difficult for states to levy taxes on goods or services purchased over the Web.

One provision of the Boucher-Smith bill would force state legislatures to hold up or down votes every time a state agency attempted to tax anything sold via the Internet. If, for example, California's Board of Equalization decided to tax, say, digital music sales, an action the agency could now take without benefit of enabling legislation, the state legislature would have to pass a law specifically authorizing that measure.

That would, of course, politicize the process, and in the current anti-tax climate even lawmakers who think a tax on a particular item or service might be a good idea would be hard-pressed to vote for it and it could be vetoed by the governor.





Digital Taxation: The new state and local revenue filler, and quick way to hurt businesses and consumers
July 7, 2010 - 10:59am

As a way to supplement their traditional revenue sources, some states want to close what they think is a tax-free loophole where digital goods and services land. In the last two years, some states like New York, Oklahoma, and Illinois have proposed legislation to tax digital goods and services, but have backed off from or failed to pass the legislation. On the flipside, North Dakota and Washington D.C. are the only two states that expressly do not tax digital goods and services.

Now the Congress under H.R. 5649, known as the Digital Goods and Services Fairness Act of 2010, is weighing in. The bill was introduced this week and is aimed at counteracting states’ piecemeal and potentially predatory tax practices regarding digital goods and services. The bill first prohibits multiple or discriminatory taxing of the sale or use of digital goods or services. Second, consumers can only be charged their state’s retail sales tax on digital music, books, and videos.

Without this federal bill becoming law, there is nothing in place to ensure states and local governments do not impose discriminatory taxes on consumers, providers, and distributors. As it stands now consumers could end up paying multiple taxes on the same transaction. Also, there are no safeguards to protect against predatory tax rates like those of the wireless telephone service sector. Plus, taxing digital goods could drive consumers to download pirated content as a way to avoid paying sales tax.
 
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