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Unintended Consequences?By JGillman, Section News
Everybody wants to operate under a fair taxing field.
Certainly this is the premise which the main street fairness act is being pursued. It is a means under which sales nexus will be identified, and taxes would be collected for sales made online for anything coming into the state that was purchased online. It has the support of our governor, and looks to be heavily pushed with the claim that even elected conservatives are interested in it. Not this one. This is another one of those deals where instead of removing the regulatory misery under which retailers and business owners operate, it is presumed the better way toward fairness is to inflict it upon as many others as possible. They are suffering, so can you. Share the pain. And our governor Rick Snyder is now embracing it. What will this mean to online wholesalers like myself? I will ultimately have to deal with a number of sales tax licenses and a nightmarish bureaucracy entanglement. I will have to report to not only my own state, but others within this compact agreement to be able to ship within those states legally. I will not be able to ship to my customer's customers in Michigan directly, without revealing the transparent drop ship patterns. Other states that are not a part of the compact would have their own plans which would cause harm to my model (California is already doing this) by imposing their own nexus rules even possibly based on volume shipped to their states. It will hurt folks using my business model from the crushing paperwork aspect alone. And it's just more big government making sure nothing escapes their grasp, by pretending small business actually wants it.
However, there may be a legitimate reason to pursue this, but it needs to be done in a completely different way.
YES, we are supposed to pay sales tax on our purchases online. YES, there are local retailers that feel they are operating under unfair conditions, with customers "shopping them" and buying online without the sales tax added. But the last part is not as much an issue as one might think. When shipping costs can add 5-10% easily anyhow, the difference in cost is simply that of the ability to compete (or desire) in the free marketplace. The ability of online retailers to ship from more local warehouses does present a competitive advantage, but the ability to show and demonstrate is a far better sales tool than price advantage alone. The balance for fairness is already there. Yes, there is a built in fairness mechanism already, yet the state does not collect in all cases, and that is what is being chased. OK. If the states trying to collect these taxes feel they must enact some type of mechanism, there is a constitutional means that would be easier for the retailers who engage in online sales. But it would involve all states at once, and probably a new federal government entity. Yeah, not my favorite route either. And there should be a great deal of study into the possible side effects before implementing.
We (businesses) all pay fed taxes quarterly anyhow. We have certain reporting requirements that require us to send forms on a regular basis to our masters in Washington. Here is how it could be done: (And yes, we should not be sure it can be held off permanently) It doesn't make it easier for the current online small business model, but the current 'main street' plan sure as hell won't either. It does keep the operation commerce clause friendly however, and unfairness for compact states and those not operating under those is avoided. It also may have a good side effect of preparing the country for a shift in tax code to a 9-9-9 program such as that which Herman Cain has promoted, or even a fair tax model using sales taxes to replace income taxes. That might be a worthwhile end. No, I'm not the guy who likes to agree with any more misery spreading through regulation or more taxes. I am against increases of taxes, adding of taxes, or making it harder for business to operate. But if we are going to get it anyhow, it should be used to replace those systems which are far worse anyhow. For now however, the main street fairness efforts should be abandoned unless the states are willing to see their smaller business entities once again burdened to the point of extinction. Thinking twice would be good before we put before the people this new method of financial extraction.
Short sighted oppressive revenue raising methods are hardly good policy.
Unintended Consequences? | 3 comments (3 topical, 0 hidden)
Unintended Consequences? | 3 comments (3 topical, 0 hidden)
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