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Out-Of-State Online Retail

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Introduction Online retail businesses have increased dramatically over the past decades. Many factors have contributed to the growth of the online retail business, among which is that no sales taxes are imposed when customers buy goods from out-of-state online retailers. However, many states are now seeking to legislate the Marketplace Fairness Act of 2013 (MFA), which will levy sales taxes on online retailers even they have no physical presence in the state.(1) According to the report Sales Taxes and Internet Commerce, it shows that online shoppers are sensitive to the price and sales taxes of online purchasing. (2) This paper will address three questions:1)Why does the government want to pass MFA to collect sales tax for online retail business; …show more content…
However, the failure to collect sales tax to online retailers also affects state and local economies in the following ways. First, local retailers are facing a competitive price disadvantage over those out-of-state online retailers who have no physical presence in the state. According to a 1992 United States Supreme Court decision, in those states online retailers have a physical presence, they have to collect sales taxes from the customers. (3) Physical presence means that having a physical location such as warehouse, store, and office or that having activities of people such as employees, independent contractors, agents or representatives who perform activities of selling, delivering, advertising, installing or assembling taxable products. (4) Therefore, many online retailers will find the locations where they can avoid taxes for physical presence rule. Because of the tax and price advantages of online retailers, local retailers are losing some of their market proportion which makes them less competitive in the markets. Online retailers who do not collect sales tax from their customers have a 4 to 11 percent price advantages over local retail business. (5) Local governments concern about the development of local retail business and the increase of the unemployment rate triggered by the suffering of local retailers. Many states are now seeking to legislate the Marketplace Fairness Act …show more content…
It shows that “households living in these states reduce Amazon expenditures by 9.5% and that the decline in Amazon purchases is offset by a 2.0% increase in purchases at local brick-and-mortar retailers”. (8) However, with the rapid growth of E-commerce, Amazon is thinking to build more fulfillment centers to shorten the shipping time. Low prices and faster shipping will help to keep and attract more consumers. Therefore, the implementation of online sales tax can also contribute to Amazon’s expansion plan. (9) According to ILSR, Amazon currently collects sales tax in 21 states, 16 of which have Amazon’s physical presence. Five states including New York, California, Georgia, Pennsylvania, Connecticut and Kansas have passed the MFA.

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