Rare Book Monthly

Articles - June - 2011 Issue

Amazon in Pitched Battle Over Sales Taxes

Perhaps the biggest battle over sales taxes is taking place right now between online bookselling pioneer Amazon.com and numerous states. It does not look to be reaching booksellers who list on Amazon or its subsidiary sites (AbeBooks) yet, though it could affect dealers who also serve as Amazon "affiliates," that is, those with websites that direct customers to the Amazon site in return for a percentage of the sale Amazon makes to those consumers. Perhaps, Amazon's tough stand may lead to a reevaluation of state sales taxes, in which case this battle could affect everyone who sells on the web. One thing is clear - Amazon has no fear of playing hardball at the highest level with anyone. They do not back down.

 

State and local sales taxes are the proverbial can of worms of interstate commerce. If you sell a book at your local store, you collect your state and local sales taxes, whatever they might be, and it's a nuisance but not all that difficult. However, if you are Amazon, or any online bookseller, you sell in every state and locality around the nation. Each of those has its own state and local tax rates, and each a list of items that are and are not taxed. And, each of those states and localities believe it is entitled to collect tax at its own rate on every sale made to one of its residents, even if the seller is located in, say, Seattle, Washington.

 

Not only do the states and localities feel this way, so do local businesses. Barnes and Noble does not like the idea that Amazon can sell into its market and offer customers tax free shopping, while they have to collect a tax that may run close to double digits. If you have a local shop, you probably feel the same way. It's unfair competitively.

 

However, if you are Amazon, or if you sell nationally over the internet, the thought of collecting local sales taxes is daunting. You have to figure out, for every customer, what the tax rate is for his or her state and locality. If all you sell is books, it is easy to figure out whether your product is taxed, but if you sell thousands of items, like Amazon, you also have to figure out which items are taxed in which states, and which are not. Talk about a headache! Then you have to file forms and make regular payments to 45 different taxing authorities (Oregon, Montana, Alaska, New Hampshire, and Delaware do not impose sales taxes), while collecting varying amounts for different localities within each state, since each town may tax at a different rate. An Amazon would be a bit more equipped to handle this as they could afford some advanced software to automate the process, but for a small bookseller this could be a bookkeeping nightmare beyond comprehension.

 

The burden collecting such sales taxes would impose has never bothered the states much. They want the money. They would be happy to impose the burden on out-of-staters. However, years ago, the U.S. Supreme Court said no. They said such a requirement would place an illegal restraint on interstate commerce. Therefore, businesses could only be required to collect sales taxes if they had a "nexus" with the state in question. A "nexus" means some sort of connection, and just what is a sufficient connection to require a business to collect sales taxes on behalf of a state has been litigated over the years. Generally, it is thought to mean some sort of physical presence. The surest way to avoid the tax-collecting burden is simply to have no connection at all with states other than the one in which you are located.

 

States have attempted to get around this problem by imposing what is known as a "use tax" on their residents. A use tax is imposed by a state on its own residents, and it says that if you purchase from an out-of-state merchant who is not required to collect your local sales tax, you must fill out a form and pay an amount equal to the sales tax to the state yourself. All states have these. Do you pay your use tax? Remember, everything you say can and will be used against you. This is why we have a Fifth Amendment - so you won't have to answer questions like this. The amount of use tax collected compared to the amount theoretically owed is generally negligible. Some states have become nasty - attempting to subpoena sales records from out-of-state retailers to find which of their citizens owe use taxes, but so far the impact of aggressive use tax enforcement is also negligible.

Rare Book Monthly

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    Fonsie Mealy, Apr. 24: Stanihurst (Richard). De Rebus in Hibernia Gestis, Libri Quattuor, sm. 4to Antwerp (Christi. Plantium) 1584. First Edn. €525 to €750.
    Fonsie Mealy, Apr. 24: Fleischer (Nat.) Jack Dempsey The Idol of Fistiana, An Intimate Narrative, N.Y., 1929, First Edn. Signed on f.e.p. by Rocky Marciano. €400 to €600.
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    Fonsie Mealy, Apr. 24: Smith - Classical Atlas, Lond., 1820. Bound with, Smiths New General Atlas .. Principal Empires, Kingdoms, & States throughout the World, Lond. 1822. €350 to €500.
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    Fonsie Mealy, Apr. 24: [Mavor (Wm.)] A General Collection of Voyages and Travels from the Discovery of America to the Commencement of the Nineteenth Century, 28 vols. (complete) Lond., 1810. €300 to €400.
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    Fonsie Mealy, Apr. 24: Mc Carthy (Cormac). Outer Dark, N.Y. (Random House)1968, Signed by Mc Carthy. €250 to €300.
    Fonsie Mealy, Apr. 24: Three signed works by Ted Huges - Wodwo, 1967; Crow from the Life and Songs of the Crow, 1970; and Tales from Ovid, 1997. €200 to €300.
    Fonsie Mealy, Apr. 24: The Garden. An Illustrated Weekly Journal of Horticulture in all its Branches, 7 vols. lg. 4to Lond. 1877-1880. With 127 colored plates. €200 to €300.
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    Fonsie Mealy, Apr. 24: Procter (Richard A.) Saturn and its System: Containing Discussions of The Motion (Real and Apparent)…, Lond. 1865. First Edn. €160 to €220.
    Fonsie Mealy, Apr. 24: [Ashe] St. George, Lord Bishop of Clogher, A Sermon Preached to the Protestants of Ireland, now in London,... Oct. 23, 1712, London 1712. Second Edn. €130 to €180.
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    Potter & Potter, Apr. 18: [RUTH, George Herman “Babe” (1895-1948)]. Signed photograph. Circa 1930s. 191 x 248 mm. $1,500 to $2,500.
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    Potter & Potter, Apr. 18: ONE OF THE FIRST PRINTED ANNOUNCEMENTS OF THE DECLARATION OF INDEPENDENCE. $4,000 to $6,000.
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    Potter & Potter, Apr. 18: FIRST PRINTING OF LINCOLN’S IMMORTAL GETTYSBURG ADDRESS. $4,000 to $6,000.
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    Potter & Potter, Apr. 18: EDISON, Thomas. Patent for Edison’s Improvements on the Electric-Light, No. 219,628. [Washington, D.C.: U.S. Patent Office], 16 September 1879. $2,000 to $3,000.
    Potter & Potter, Apr. 18: [VIETNAM WAR]. The original pen used by Secretary of State William P. Rogers to sign the Vietnam Peace Agreement, Paris, 27 January 1973. $10,000 to $15,000.
    Potter & Potter, Apr. 18: SONS OF LIBERTY FOUNDER COLONEL BARRÉ ANNOTATED TITLE-PAGE, “WHICH OUGHT TO ROUSE UP BRITISH ATTENTION”. $4,000 to $6,000.
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    Sotheby’s, Available Now: Winston Churchill. The Second World War. Set of First-Edition Volumes. 6,000 USD
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    Sotheby’s, Available Now: Ian Fleming. Live and Let Die. First Edition. 9,500 USD
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    Leland Little, Apr. 26: First Edition of Bonanni's Illustrated Costume Catalogue, with Complete Plates, 1711.
    Leland Little, Apr. 26: An Important Incunable, the First Italian Edition of Josephus's De Bello Judaico, 1480.
    Leland Little, Apr. 26: First Edition of Jacques Philippe d'Orville's Illustrated Book of the Ruins of Sicily, 1764.
    Leland Little, Apr. 26: An Incunable from 1487, The Contemplative Life, with Early Manuscript.
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    Jeschke Jádi, Apr. 27: Lot 546. Christoph Jacob Trew. Plantae selectae, 1750-1773.
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    Jeschke Jádi, Apr. 27: Lot 545. Sander Reichenbachia. Orchids illustrated and described, 1888-1894.
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    Auction 151
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    Jeschke Jádi, Apr. 27: Lot 671. Jacob / Picasso. Chronique des Temps, 1956.
    Jeschke Jádi, Apr. 27: Lot 1260. Mary Webb. Sarn. 1948. Lucie Weill Art Deco Binding.
    Jeschke Jádi, Apr. 27: Lot 508. Felix Bonfils. 108 large-format photographs of Syria and Palestine.
    Jeschke Jadi
    Auction 151
    Saturday, April 27, 2024
    Jeschke Jádi, Apr. 27: Lot 967. Dante Aligheri and Salvador Dali. Divina Commedia, 1963.
    Jeschke Jádi, Apr. 27: Lot 1316. Tolouse-Lautrec. Dessinateur. Duhayon binding, 1948.
    Jeschke Jádi, Apr. 27: Lot 1303. Regards sur Paris. Braque, Picasso, Masson, 1962.

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