Quote:
Originally Posted by fjtorres
The law dates to the 90's and was intended to foster widespread commercial internet use by treating internet commerce like mail order: no tax without a physical presence. This, combined with the commerce clause of the constitution and past Supreme Court precedents render most of the so-called "Amazon" laws unconstitutional: states simply do not have the power to tax out-of-state companies selling to their residents or force them to be tax collectors for the state.
Whether the state is "losing" hypothetical revenues is irrelevant.
It's not as if they *own* the residents and can charge for access to their pocketbooks, though many politicians in and out of Congress act as if they do and portray not-raising-taxes as "cutting taxes". Americans aren't that close to serfdom.
Yet.
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It is just not about loosing sales tax revenue. If local stores become uncompetitive the businesses shut down area jobs go away with no jobs people move away and the city or town dies.
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