A New York motor lodge has dismissedAmazon ’s lawsuitover a law that call for the online retail merchant to gather up taxes from New Yorkers even though it did n’t have a forcible presence in the land .
https://gizmodo.com/amazon-sues-new-york-to-stop-collecting-sales-tax-386395
The police , enacted back in April by Governor Patterson , force Amazon to collect and hold over sales and use taxis if they had an affiliate vendor inside the New York State . This helped the State Department government bypass a 1992 Supreme Court decisiveness that allowed interstate commerce to be untaxed .
Amazon file the lawsuit in May , claiming that the law was vague and unconstitutional . While Amazon was n’t against take in state taxes , it was against drag all its affiliate seller into what it feel was a bureaucratic kettle of fish . And it kind of is !
AsEric Schonfeld of TechCrunchwrote back then :
The law of nature , as pen , is just a bad law . And it would do a dangerous case in point . Not because New York State should n’t seek to collect the $ 50 million in estimated ungathered sale tax owed to it . But because the police is involved in the elbow room it attempts to do that .
A merchandising affiliate is not part of Amazon . If I put some Amazon book testimonial on the side of TechCrunch , set up an affiliate account , and reader click through and buy those Good Book , that does not make TechCrunch part of Amazon . It is a marketing transcription . Just like someone who sets up an AdSense news report does not mold for Google .
The only retailers exempt from reporting sales taxation are those who earn less than $ 10,000 in sales . To save trouble , Amazon could just overlook them as soon as they strike the $ 9,999 mark . That in bout would damp e - commerce , run to less taxation revenue for the country and then everybody loses ! Thanks Albany ! [ Channel RegisterviaGothamist ]
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