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Internet Sales Tax Passed

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40hz:
Does selling from one state to another count as an export?  Because if so, my son pointed out that this tax would be unconstitutional:

Article I, Section 9, Clause 5:
No Tax or Duty shall be laid on Articles exported from any State.
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-Edvard (May 14, 2013, 08:56 PM)
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IIRC, that article meant that the federal government did not have the authority to impose federal taxes or duties on interstate commerce. The states do, however, retain the right to tax as they will as long as it is not done with the intent to restrict or stop interstate commerce.

That's why I think it was so important to the state tax authorities that every state with a sales/use tax be assessing it on all internet purchases. If only a few states did it, there might be an argument made that it was really an attempt to impeded or obstruct interstate commerce as opposed to a simple plan to get more state tax revenue. Hence the federal regulation which is being enacted. And apparently it's being done with the consent of virtually every state government. At least AFAICT.

Edvard:
Actually, according to Wikipediaw the original intent was to prohibit federal government from taxing products unique to a state or region and exported internationally.
This provision was an important protection for the southern states secured during the Constitutional Convention. With the grant of absolute power over foreign commerce given to the federal government, the states whose economies relied chiefly on exports realized that any tax laid by the new central government upon a single item of export would apply very unevenly amongst all the states and favor states which did not export that good.
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Think cotton from the southern states, or maple syrup from the northern ones.

Either way, in a perfect world (see wut i did thar?) it wouldn't matter two flips who consents, if it's unconstitutional, it either shouldn't happen or can be successfully challenged in court.  But then again, when was the last time we were residents in Perfect World?  :-\

app103:
Does selling from one state to another count as an export?  Because if so, my son pointed out that this tax would be unconstitutional:

Article I, Section 9, Clause 5:
No Tax or Duty shall be laid on Articles exported from any State.
--- End quote ---
-Edvard (May 14, 2013, 08:56 PM)
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It's not an export tax at all, not even in the states that have a sales tax. It's quite the opposite. It's an import tax on out of state goods that only applies to the residents of that state. It treats goods bought from all states, equally. It does not tax good from any state, only goods to a state that has a sales tax.

So, good bought by residents of state A that has no sales tax, from state B that does have one, still would not be taxed. And goods bought by residents of state B, regardless of where they are from (in state or out), would be taxed.

And as far as being unconstitutional:

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
[...]
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;-http://www.archives.gov/exhibits/charters/constitution_transcript.html
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Which means Congress has the power to enact laws affecting interstate commerce, and this one that allows states to force other states to respect their sales tax laws, and collect the taxes their residents owe on purchases made in another state is perfectly constitutional. In fact, this is why we have a Congress, in the first place.

Survey: US residents oppose Internet sales tax

05.13.2013 2:03 PM

Sixty-one percent of U.S. residents surveyed by online postage vendor Endicia said they don't support the Marketplace Fairness Act, which would allow states with sales taxes to collect those taxes from large online retailers.
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http://lm.pcworld.com/t/3789873/5571255/362474/0/
-Tinman57 (May 14, 2013, 08:13 PM)
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LOL! The pole results only suggest that sales tax evaders are dumber than the average criminal.

Ask any other bunch of criminals if they oppose a law that would make it harder for them to get away with their crimes and you would most likely get much higher results.  ;D

Edvard:
Well, that's pretty much one of the big draws of internet sales, but I figure many folks have the attitude of "well, it was going to happen sooner or later" so those numbers are not surprising.  
I hate sales tax not because of taxes per se, but because I personally think it's idiotic that no-one has the fecking common decency to tell me how much a thingamabob is after taxes until it's already rung up and I've committed to purchasing the item.  Coming from Oregon to Washington, that was royal pain in the seat.  I mean, how forking hard would it be for merchants to just charge the price listed and figure the taxes afterwards?  Maybe even post how much it was before taxes in the small print or on the receipt, I wouldn't mind, and folks like me prolly wouldn't get so upset.  
>:(   Seems logical to ME anyways...

Tinman57:

As Heritage President Jim DeMint has said, this violates the classic American principle of “no taxation without representation.” Retailers would be forced to act as tax collectors for states in which they have no voice. 
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http://blog.heritage.org/2013/04/19/morning-bell-beware-the-internet-sales-tax/

Such online sales tax proposals are taxation without representation. The proposed federal law tells businesses that there is no escape from the clutches of tax-hungry politicians. That concept is antithetical to our federalist system, which promotes competition among our states for the best economic policies.
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http://online.wsj.com/article/SB10000872396390444226904577559414267708728.html

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