2003 UCLA J.L. & Tech. Notes 11

The Internet and Taxation
by Scott Halvorsen

Summary: The tax policies governing internet sales and internet use are going to be questioned and probably adjusted.

The internet economy has created waves in the realm of taxation. Often we think of taxes as being limited to income tax, but owners and operators of commercial internet sites (as well as the governments that regulate them) are very concerned with the lack of taxes generated by internet sales. While internet transactions continue to change the way companies do business, governments must start taking a harder look at how much is being forfeited in tax dollars. In 2001, President Bush signed the Internet Access Taxation Moratorium. The legislation effectively delayed the inception of internet access taxes until at least November 2003. However, internet sales taxes or the lack of them seem to pose the biggest problem for legislators concerned about taxation and the internet. Sales taxes are state taxes and by 2011 it is expected that California's state and local revenue loses from E-commerce will be over 7 billion dollars.1

What good is a tax if it inhibits business? The idea has been that taxes are designed to help stimulate economic growth and generate revenue for the government. One of the reasons internet sales are attractive to consumers is that sales tax is often not charged. When President Bush signed the moratorium in 2001, he stated that the government should do everything possible to make the internet, a learning tool, available to everyone.2 He also said that the moratorium would help ensure the continued growth of the internet by not taxing its use. Government does not want taxation to inhibit the growth of the internet by taxing its users, but it is willing to let internet companies destroy brick and mortar companies who are forced to charge sales tax. Consumers will always choose to pay less at a virtual store than pay more in a physical store. Currently, individuals are supposed to record their online purchases and pay sales taxes on the goods they buy. Theoretically, online shoppers should pay these additional sales taxes with their standard income tax forms.3

Some of the biggest names in online retail sales do charge sales tax, but many do not. Online retailers like The Gap, Circuit City, and Staples all charge sales tax on online purchases and are continuing to grow.4 One problem is deciding which jurisdiction should receive the tax revenue. Often, websites are hosted on servers in one state, offices are in another state, and shipments are sent from a third state. Currently, internet vendors only have to collect sales taxes in states in which they have a physical presence.

If internet sales continue to be tax free, arguments will mount attacking the inequity in permitting that to happen. To purchase items on the internet, a buyer needs a computer, a modem, and a credit card. It seems like those that can afford to have these luxuries are the ones who will get the benefit of not paying sales tax. The poor will get stuck paying sales tax in the stores.

How can the government regulate so many business entities and collect taxes from them? Software currently exists that can tax products according to jurisdictions, price, and all other determining characteristics. Some of these tax software programs cost as little as $1,000 and can be continuously updated.5 To combat the problems posed by the varying levels of sales tax charged in different states, the National Governors Association recently met and voted to streamline the tax process by creating a uniform sales tax rate across states. The decision will take effect when ten states create legislation agreeing to the proposal.6

The internet continues to change the way we live. The question of taxation remains. Will internet taxes increase so that state governments can deal with their increasing budget problems and the lack of state funding?

Additional sources of information:
http://www.firstmonday.dk/issues/issue2_10/muscovitch/
http://www.nga.org/nga/salestax/
http://www.nado.org/legaffair/internet.html
http://www.salestaxfairness.com/index.htm
http://web.utk.edu/~dbruce/brucedeskinsfoxpfr02.pdf
http://www.cei.org/utils/printer.cfm?AID=1726
http://moneycentral.msn.com/articles/news/capitol/5211.asp

 

Footnotes

1. National Governors Association, IS ORANGE JUICE A FRUIT OR A BEVERAGE?, available at http://www.nga.org/nga/salestax/
2. http://www.whitehouse.gov/news/releases/2001/11/20011129.html
3. http://www.salestaxfairness.com/background.htm
4. http://www.nado.org/legaffair/internet.html
5. http://www.nado.org/legaffair/internet.html
6. http://www.nga.org/nga/legislativeUpdate/1,1169,C_ISSUE_BRIEF^D_2855,00.html

 

 

 

 

 

 


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