President’s Message: Alibaba and the Sales Tax Thieves
Over the last year and a half, I have written several messages about the pressing need for passage of the Marketplace Fairness Act. In those messages, I have cited numerous reasons including:
- To level the playing field.
- The government shouldn’t be choosing winners and losers by providing unfair tax advantages to some.
- The taxes are owed so this is not a new tax – just a loophole in the law (which over 98% of people don’t choose to pay).
- Lost sales tax revenues are crippling our state and local governments who depend on this revenue and this will only get worse unless this trend is reversed – either services will be cut or taxes will be raised in other ways.
Now, you can add yet another reason to the list – Alibaba (a Chinese company larger than Amazon and eBay combined) – recently launched the largest IPO in Wall Street history. The current loophole in the internet sales tax law will allow foreign companies, like Alibaba, to unfairly compete with our U.S. retailers who employ people here, pay taxes here, and have brick and mortar presence here. That is unfair. Watch the latest commercial that is now being run by the Alliance for Main Street Fairness.
Recently, I was in Washington, D.C. with a small group of CEOs representing the International Council of Shopping Centers. We met with key members of Congress to urge them to pass Efairness legislation. This ICSC article offers more details about our meetings.
The good news is that they are listening, but we need to continue to have our voices heard. This link offers an easy method to take action by phone, email or tweet. I encourage you to contact your members of Congress today.
Survey Finds Louisianans Strongly Support Marketplace Fairness
As a follow-up to my previous posts about the Marketplace Fairness Act, I wanted to share the results of a recent Louisiana-specific poll. Results released by the International Council of Shopping Centers (ICSC) indicate an overwhelming majority of Louisianans (78 percent!) support federal legislation that requires online-only sellers to collect sales tax at the time of purchase. A national poll revealed similar results with the support of 70 percent of Americans.
Here’s a summary of the poll’s other key findings:
- 89 percent of Louisianans think it would be easier to collect sales tax from online-only vendors at the time of purchase, versus paying sales and use taxes through special forms or when filing income taxes as is currently required in many states (82 percent in national poll)
- 89 percent of Louisianans say local retailers are important to their community’s economic health (93 percent in national poll)
Louisianans and the Nation agree that it is time to pass Marketplace Fairness, which, after being combined with the Internet Tax Freedom Act, is the legislation now known as the Marketplace and Internet Tax Fairness Act (MITFA), S. 2609. As I have previously stated, it is important to level the playing field for our retailers who are employing people and paying taxes in our communities. The passage of this bill is critical to the Commercial Real Estate industry, brick-and-mortar retailers and perhaps more importantly, to our state and local governments.
I strongly encourage each of you to contact your representative and to promote this issue on social media sites with the hashtags #efairness, #MITFA, or #efairnessnow.
National Poll Shows Overwhelming Support for Online Sales Tax Collection at Time of Purchase
As a follow-up to one of my previous President’s Messages about the Marketplace Fairness Act, I wanted to comment about a recently conducted national poll by the International Council of Shopping Centers (ICSC).
The results of the poll show that the majority of American consumers (64%) are aware that they are required to pay state sales or use tax on online purchases, if not collected by the online seller, when they file their state income tax. However, other research indicates that over 98% don’t report such purchases. The poll also shows that 78% of voters feel it would be easier to pay state sales or use tax on online purchases at the time-of-purchase, rather than through special forms or when they file their state income taxes.
This poll is proof that the public is aware that this is NOT A NEW TAX, but rather one that isn’t being paid because it slips through the loopholes in the law. The current loophole is draining our state and local governments of desperately needed revenues for education, health care, police, firefighters and teacher pay, etc. Estimates of lost sales taxes in Louisiana alone due to internet sales range up to $800 million.
There is now overwhelming support for the collection of online sales tax at the time of purchase. We need to close this loophole NOW before it doubles in size.
You can read more about the poll results in this ICSC Press Release.
Marketplace Fairness Act Passes Senate
After many years of campaigning by ICSC and other trade organizations, the U.S. Senate voted 69 to 27 yesterday to approve S. 743, “The Marketplace Fairness Act of 2013,” moving the legislation one step closer to enactment. As I mentioned in my recent President’s Message, the passage of this bill is critical to the Commercial Real Estate industry, brick-and-mortar retailers and perhaps more importantly, to our State.
There is more work to be done before the Marketplace Fairness Act can become law. Now it must be approved by the House of Representatives, so there will be more challenges ahead and much education that needs to take place. I encourage you to contact your Representative today!
President’s Message: Wouldn’t it be nice if all taxes were “voluntary”?
Typically, I steer clear of any politically-charged issue in my President’s Messages, but there is a bill currently pending in the Senate that falls into the “just plain common sense” category. The Marketplace Fairness Act deals with the problem of uncollected sales taxes from the sales of internet retailers that do not have a physical presence in the state in which the consumer makes the purchase. In my opinion, the loophole is the unintended consequence of a law which was passed over two decades ago…long before the impact of technology and internet sales.
The result today – $23 BILLION in uncollected sales tax revenue.
After a very lengthy campaign of a coalition of trade organizations led by the International Council of Shopping Centers (ICSC), the Senate is now taking up the Marketplace Fairness Act of 2013. The passage of this bill is critical to the Commercial Real Estate industry, brick-and-mortar retailers and perhaps most importantly, to our State. As an ICSC Trustee, I want to highlight some important information about this bill:
It levels the playing field for ALL retailers.
Local brick-and-mortar retailers have long been put at a tremendous disadvantage by an antiquated sales tax framework that clearly benefits online retailers. The current sales tax system is threatening our community retailers, which serve as the backbone of our local economies.
Courtesy of ICSC. Click to learn more.
It protects small online businesses.
The law exempts firms with less than $1 million in sales from collecting sales taxes, which would exempt 99% of all sellers and over 40% of all online retailers. It also requires states to streamline the collection process so it is not an undue burden.
It is NOT a new tax.
Sales tax on online purchases is not new; it’s already due and currently should be self-reported by the consumer. 98.6% of us don’t report…should we all go to jail? The Marketplace Fairness Act removes the burden on consumers by requiring online and catalog sellers to collect sales tax at time of purchase.
It promotes a more stable & efficient revenue stream for state & local governments to pay for projects and services.
Without the bill, states may have to raise other taxes for their in-state residents and businesses. Estimates of lost sales taxes in Louisiana alone due to internet sales range from $400 million to $800 million…and this figure will only grow exponentially with current demographic trends. This is a significant hole for a state with a $1.3 billion deficit to fill.
Courtesy of ICSC. Click to learn more.
This bipartisan legislation provides the federal solution necessary to close the online sales tax loophole and level the playing field for all retailers. The Marketplace Fairness Act is a simpler, more evenhanded and efficient sales tax system that will bring numerous benefits to our economy. This is a critical issue that must be dealt with sometime. If not, we are simply kicking the can down the road. To me, it is just common sense.
Read More:
Yes, It’s Time for an Internet Sales Tax
5 Things You Should Know About the Long Overdue Online Sales Tax Bill
Internet sales tax long overdue: Our view
