Amazon at odds with N.Y. over Internet sales tax law

By Ed Oswald | Published May 5, 2008, 3:39 PM

Amazon, the world's largest online retailer sued the state of New York, claiming its new law requiring out of state retailers to collect New York sales tax was unconstitutional.

Amazon filed the complaint with the New York state Supreme Court on April 25, claiming the law was vague and overly broad. It also told the court that it believes the law unfairly singles the company out.

It is looking for the law to be overturned, as well as for the state to pay any legal costs incurred if it is decided in Amazon's favor.

At issue is a program known as "Amazon Associates," which pays Web site owners a commission for purchases made that were referred through that site. Since some of these companies may be based in New York, the state sees it as a solicitation of business in the state under this law.

In arguing its case against the new policies, Amazon told the court that it has no substantial physical presence in the state. In addition, Web sites doing business with the retailer under the affiliate program do not have the power to act as an agent of Amazon.

The company had no comment on the suit other than to confirm its existence.

Comments

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Thank god im not living in that crap hole anymore.

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I think the best thing that Amazon can do to protest is simply refuse to sell to NY state citizens and not ship to NY, linking a prospective buyer to the state rep's page and email address for them to complain about the tax.

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Im in Sweden but ive been refused shipping here from amazon.com on computer software.. its stupid when some things gets released first in the USA to have to wait a few weeks to order in Europe [ordered a few weeks later from amazon.co.uk] :/

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Thank you Amazon. We don't need any more stinkin' taxes. It's enough dealing with people like that bum Spitzer already. These NY state tax legislators are acting like greedy scum sucking pigs.

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That's because they are...
I am just worried the approach Amazon is taking will expand it onto all other sites.

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