Sales Tax and the Internet

Compiled by Patricia Helgerson, September 2000

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California Tax Policy and the Internet. California Legislative Analyst Office, 2000. (028.2/C1) California passed its own Internet Tax Freedom Act in 1998. This report focuses on sales and use tax, telecommunications tax, and corporate income tax issues and recommends actions or steps the California Legislature should take. http://www.lao.ca.gov

"Can the Sales Tax Survive Cyberspace?" Scott Mackey, State Legislatures, December 1999, p.12–17. (328.11/N214/v.25, no.10) Brief history of the sales tax from its beginning during the Depression to the current problem with Internet sales and poses three possible outcomes.

"Digital Commerce: How Much Government Regulation is Needed?" Congressional Quarterly, Inc., CQ Researcher, vol.9, no.5, February 5, 1999. (028.2/C761b) Three Internet issues are examined: taxing sales, defining appropriate commercial speech, and applying antitrust laws. What role will/should the FCC play?

"E–conomics Problem". Christopher Swope, Governing, March 2000, p. 20–23. (321/C761/v.13, no.6) Governors and mayors seek a solution to the Internet sales tax dilemma including use tax, new tracking software, and voluntary compliance.

Electronic Commerce: Revenue Implications for States. Council of State Governments, 2000. (028.2/C83a) Illustrated with charts, maps, and quotes, it provides a quick overview of the implications that taxing or not taxing electronic commerce will have on state revenue.

"Internet Tax Freedom Costs States". Elaine Stuart, State Government News, June/July 2000, p. 24–27. (029/St2b/v.43, no.6) Provides the Council of State Governments’ stand on the taxation of electronic commerce and discusses the results of the report by the Advisory Commission on Electronic Commerce.

"Internet Tax–Free Zone?" Laura A. Tomaka, State Government News, April 2000, p. 18–20. (029/St2b/v.43, no.4) Focuses on Michigan and Ohio’s responses to Internet sales and the loss of revenue from sales tax.

Lawmaker’s Guide to State Taxation of Electronic Commerce. Center for Multistate Taxation, University of Wisconsin - Milwaukee, [1998]. (028.2/W7a) Designed to answer questions from "What is electronic commerce?" to "How will electronic commerce affect state income tax systems?" Proposes possible solutions and makes recommendations.

Report to Congress. U.S. Advisory Commission on Electronic Commerce, 2000. (028.2/X6) The report from the Commission as required by the 1998 Internet Tax Freedom Act. http://www.ecommercecommission.org/

Sales Taxes: Electronic Commerce Growth Presents Challenges; Revenue Losses are Uncertain: Report to Congressional Requestors. U.S. General Accounting Office, 2000. (028.2/X7) Information specific to sales and use tax collections for Internet sales and all remote sales. How are they different? How much does each state rely on sales and use tax revenues to provide services? What is the potential revenue loss in the near future?

"Tax Bytes: A Primer on the Taxation of Electronic Commerce". Aaron Lukas, Cato Institute, Trade Policy Analysis, no.9, December 17, 1999. (028.2/C29) The federal government should ensure that states don’t impede interstate commerce while taking a leadership role on the international level.

"Taxing E–Commerce: Online Purchases and State Revenues: Should Congress Permanently Ban Sales and Use Taxes on Internet Purchases? Sen. John McCain (AZ–R), Sen. Ernest F. Hollings (SC–D), and others . . ." Congressional Digest Corporation, Congressional Digest, vol.79, no.5, May 2000. (028.2/C762a) Contains four debates regarding a permanent Internet sales tax ban and excerpts and summaries of key documents, such as the Internet Tax Freedom Act and the 1992 U.S. Supreme Court ruling in Quill Corp. v. North Dakota.

"Taxing the Internet: An Update on State Policies". California Research Bureau, California State Library, CRB Note, v.5, no.1, January 21, 1998. (028.2/C1a) Looks at state tax policy trends regarding Internet service providers and sales and use taxes prior to the Internet Tax Freedom Act moratorium. (Includes Wisconsin.) http://www.library.ca.gov/html/statseg2a.cfm

BadgerLink: http://www.dpi.state.wi.us/badgerlink/. Sales Tax and the Internet: a selection of 7 articles printed from EBSCOhost, 1999–2000. (028.2/Sa3)

"As Retail Turns to E–tail, Sales E–vaporate". Robert Mullins, Business Journal Serving Greater Milwaukee, vol.17, no.9, November 26, 1999.

"The Debate on Internet Sales Taxation". Leslie McGranahan, Chicago Fed Letter, no.154, June 2000.

"E–commerce and Internet Taxation: Issues, Organizations, and Findings". Laura Gordon–Murnane, Searcher, vol.8, no.6, June 2000.

"Leveling the Playing Field: A Business Perspective on Taxing E–commerce". Val John Christensen, Brigham Young University Law Review, vol.2000, no.1, 2000.

"Rethinking State and Local Reliance on the Retail Sales Tax: Should We Fix the Sales Tax or Discard It?" Charles E. McLure, Jr., Brigham Young University Law Review, vol.2000, no.1, 2000.

"The Sales Tax No Longer Makes Sense". Pete du Pont, Consumers’ Research Magazine, vol.83, no.5, May 2000.

"State Taxation of Electronic Commerce: Perspectives on Proposals for Change and Their Constitutionality". Kendall L. Houghton and Walter Hellerstein, Brigham Young University Law Review, vol.2000, no.1, 2000.

Clippings: (Noncirculating; available for use in the library; clippings prior to 1981 are on microfiche)

Electronic data processing; e–mail: 028.2/Z

General sales tax: 336.262/W7z (WI); 336.262/Z (U.S.)

Mail order houses; taxation of interstate sales: 389.632/Z

Related Web Sites:

http://www.caltax.org/taxwhpap.html
California Taxpayers’ Association. Prepared in conjunction with Interactive Services Association. To educate policymakers about the technology upon which the online services industry is based and present recommendations for the development of a fair tax scheme.

http://www.freetrade.org
The Cato Center for Trade Policy Studies: Free Trade Opinions and Analysis. Their mission is to increase public understanding of the benefits of free trade and the costs of protectionism.

http://www.nettaxfairness.org/
The Internet Tax Fairness Coalition. An alliance of business, consumer, retail, technology, and communications industry groups that supports the fair and equitable tax treatment of the Internet and online services.

http://www.ncsl.org/programs/fiscal/tctelcom.htm
National Conference of State Legislatures’ Task Force on State and Local Taxation of Telecommunications and Electronic Commerce. Articles, testimony, and resolutions from the committee (must register at http://www.ncsl.org to access this site).

http://www.nga.org/106Congress/SalesTax.asp
National Governors’ Association (NGA). Gives the NGA’s position on the issue and a summary of the 106th Congress’ work on the Internet sales tax.

http://www.shop.org/research/summary.htm
Shop.org. "State of Online Retailing 3.0" summary of key findings. Highlights from edition 1.0 also available.

http://thomas.loc.gov
Thomas: Legislative Information on the Internet. Search under "Bill Text" for H.R. 4328 or under "Public Laws by Law Number" for P.L. 105–277.