Texas tells Amazon: Don't mess with us on taxes

By Nate Mook | Published May 12, 2008, 5:37 PM

Texas is investigating Amazon.com to see whether the online retailer may owe four years of back sales tax for purchases made by customers in the state, but Amazon claims it has fully complied with the law.

At issue is a distribution facility located in Irving, Texas that the retailer has operated since 2006. Before 2006, Amazon utilized a third party to fulfill orders in the state. The Texas Comptroller's Office is looking into whether the Irving location means Amazon has a physical presence in the state.

Although most Internet-based stores are exempt from collecting sales tax from customers, they must do so if they have a physical presence in the state. Amazon current charges sales tax for items shipped to Kansas, Kentucky, North Dakota and its home state of Washington.

But Amazon claims that it has abided by Texas laws, even if through a loophole. The retailer says the Irving facility is actually operated by Amazon.com.kydc, Inc., which is based out of Kentucky, and not Amazon itself. Under Texas law, a subsidiary is not required to collect sales tax.

The confuse may lie in records filed with the state. Amazon.com is listed as the owner of the distribution center in 2006 and 2007, not the "kydc" subsidiary. If the state's records are correct, Amazon could be liable for millions of dollars in back taxes. The Texas Comptroller's Office said it could seek four years worth of sales tax, which is 6.25% in the state.

Texas isn't the only state with which Amazon is having sales tax problems. New York recently enacted a law requiring all out-of-state retailers to collect sales tax based on advertising. Because Amazon lets New York-based affiliates to advertise Amazon's products and take a cut of sales, it would be liable to pay the tax.

Amazon sued New York earlier this month, challenging the constitutionality of this provision. Still, the company will begin charging between 8% and 9% in tax to New York-bound orders beginning June 1.

Although customers will be footing the bill, Amazon realizes that much of its appeal is that it can offer lower prices, especially in states like New York with high sales tax rates. If other states follow New York's lead in order to bring in more tax dollars, Amazon could see its customers buying from local brick-and-mortar retailers instead.

Comments

time for amazon to relocate out of the country if they want to provide tax free goods to americans.

besides texas already collects taxes on the property, which includes land and inventory.

just another attempt by the government to push business's and jobs out of the country.

Score: 0

|

Time for Amazon to move to a more friendly state. I'm sure there are plenty of other places that would love to have the jobs.

Score: 0

|

Republicans have been dying to tax the internet in every way possible for more than a decade. These jackasses are determined to kill the golden goose.

Score: 0

|

Like increasing taxes by the democrats is something new. They live by taxing.

Score: 0

|

Except that Republicans have been trying to pass legislation to permanently ban any form of internet taxation.

For example...
http://www.news.com/8301-10784_3-9782011-7.html

Then there is stories such as this

http://www.webpronews.co...-seeks-to-tax-downloads

Perhaps you should know what you are talking about?

Score: 0

|

Score: 0

|

Even if Amazon charges sales tax, most of their stuff is still significantly cheaper then going to a B&M store.

Score: 0

|

Yeah, piss off Amazon. Good way to drive their jobs out of your state.

Please come to Ohio, Amazon.

Score: 0

|

Open up an office in ohio and we will then have to pay tax, no thanks.

Score: 0

|

I want them to set up in Oregon and Montana and those states and move out of mine... Heh.

Score: 0

|

Silverlight 3 goes live on Microsoft's servers

Microsoft's answer to Adobe's Flash is (unofficially) here, with prospects of higher-speed, higher-resolution video and for the first time, 3D.

Three Android phones on the way from T-Mobile in 2009

T-Mobile's myTouch 3G, launched Wednesday, will be followed by two more Android phones later this year, but neither of them will be HTC's Hero.

Best Buy-brand TVs to get TiVo

A new alliance will place the retailer's own brand alongide the manufacturers, and could also lead to future partnerships on services.

LTE still lacks a voice

The 4G Wireless standard that Verizon hopes to show off before this year is out is still at a loss for (spoken) words.

Data sharing among online advertisers: Is sanity in sight?

Lockdown with Angela Gunn In the middle of a 15-page plea not to get regulated, a spark of smart thinking.

T-Mobile's strategy to combat Apple's iPhone with Android

With a trio of Android phones now in the pipeline for 2009, T-Mobile hopes to break the iPhone's emerging stranglehold.

EC's Reding: Government should act as broker for media downloads

If Internet media services don't step up and build an attractive way for users to start paying for downloads, a commissioner says, government may do the job instead.

Sony TVs get Netflix, still no PS3

Though it's coming in behind LG, Samsung, and Microsoft, Sony will begin to offer Netflix streaming, too.

Google Chrome OS: Too little, too early

Carmi Levy: Wide Angle Zoom Don't start the revolution just yet, says Carmi, who isn't so certain Chrome OS will be the "Windows Killer."

GAO pen test brings the hammer down on federal rent-a-cops

But are the computers to blame for the contract-guard fiasco at FPS?

What's Next: Chrome OS will have at least some friends in high places

Also: South Korea takes another round of DDoS abuse, and Neelie Kroes and Steve Ballmer may shake hands before she exits stage left.

Report: Evidence of further creativity with Windows 7 upgrade prices

A ZDNet blogger did some serious digging for clues as to a reported price break on multiple Windows 7 Home Premium licenses, and may have found it.