Amazon Fights Sales Tax Drive, Despite Modest Impact
June 25 2009 - 9:30AM
Dow Jones News
A growing movement to collect taxes on Internet transactions
could affect online retailers like Amazon.com Inc. (AMZN), but
consumers have grown so comfortable with e-commerce that any impact
on sales would likely be small.
Over the past few weeks, Seattle-based Amazon has protested
legislation in North Carolina and California that would require
e-commerce companies to collect sales taxes if they have marketing
affiliates - people who get a sales commission from links on their
own Web sites - in those states. Hawaii and Connecticut are also
weighing similar laws.
Amazon says efforts to force it to collect taxes based on
marketing affiliate relationships are "unconstitutional" and would
backfire if Amazon were to sever ties with its advertising
partners.
But analysts said taxing Internet transactions would likely have
a minor impact on the business of retailers like Amazon. Bruce
Cundiff, an analyst at Javelin Strategy & Research, said Amazon
has firmly established its reputation and relationships with online
shoppers, and estimated a sales tax might reduce the company's
overall revenues by "low-single digit" percentages.
The growing movement to tax Internet transactions comes as
critics of the status quo argue Amazon and other Internet retailers
enjoy a significant advantage over brick-and-mortar competitors,
which collect sales taxes.
It also comes as many states wrestle with large budget deficits
amid the continuing recession and look for new sources of
revenue.
With $19.2 billion in revenue last year, the world's largest
Internet retailer has become a tantalizing target. A recent
University of Tennessee study estimated that uncollected taxes
could cost state and local governments more than $11.4 billion in
lost annual revenue by 2012.
Consumers are supposed to pay tax for items they buy online, but
state governments have no way of enforcing the law and cannot
require out-of-state retailers to collect taxes if those companies
have no "physical presence" in the state. North Carolina and
California are trying to define marketing affiliates as
commissioned sales representatives with physical presence in their
states.
The retailer has called the initiatives "unconstitutional."
Amazon said that cutting relationships with marketing affiliates in
states imposing Internet taxes would deny companies the advertising
fees they currently receive and generate no new tax revenues from
sales on Amazon.
Bill Fox, co-author of the University of Tennessee study, said
changes under consideration would merely bring Amazon and other
Internet retailers in line with competitors like electronics chain
Best Buy Co. (BBY) and book sellers like Borders Group Inc. (BGP)
and Barnes & Noble Inc. (BKS), which are required to collect
sales taxes by virtue of their physical presence in states across
the country.
He said the effect on Amazon's sales would be of "modest
magnitude" given that after-tax prices would increase by about 7%,
assuming the retailer passed the entire cost of taxes to
consumers.
"People are sufficiently comfortable with online shopping that
they do not need a sales tax subsidy to shop online," said Fox.
Amazon spokeswoman Patty Smith declined to speculate on how
collecting sales tax would impact the company's business. But she
noted the retailer currently collects tax in several states, such
as North Dakota, Kentucky and Washington, where it maintains "a
thriving business."
Amazon has said it would support a federal effort to streamline
state tax laws and give signatory states the authority to require
all sellers to collect taxes, regardless of whether they are
physically present in those states.
"We'd be O.K. with a sales tax collection requirement under a
system that is as simple as the current physical presence-based
system and is evenly applied to all sellers," said Smith.
Last year, Amazon started collecting taxes in New York after the
state passed a law requiring the company to do so. Amazon fought
the law in court and lost, but the company is appealing that
decision.
Amazon shares, up almost 55% for the year, gained $1.59, to
$79.27 on Wednesday.
-By Scott Morrison; Dow Jones Newswires; 415-765-6118;
scott.morrison@dowjones.com