We just got "audited" by the State Board of Equalization at work, for this,
for 200-2007, and owed $1500 on ,mainly, Democracy Now! T-Shirts and some
equipment. The bulk of which was penalties and interest. I expect them to be
back asking to look at the last 8 years of records. It seems  I always
thought it unfair that a tax exempt organization has to pay taxes.

Rych

-----Original Message-----
From: [email protected] [mailto:[email protected]] On Behalf Of
Thomas Heald, Esquire
Sent: Thursday, April 16, 2009 8:13 PM
To: [email protected]; [email protected]; ruralgay
Subject: Deep in the heart of Taxes


http://business.avn.com/articles/35021.html (NSFW)

Tax-Free Web Purchases to End?

New bill could arrive in Congress by Monday By Edward Duncan
04/16/2009

WASHINGTON, D.C. -- So you run a business in California and a consumer in
Nebraska makes a purchase online. No sales tax is charged because they're
out of state. And everyone's happy, right? Well, that all may end soon with
the introduction of a new bill that could arrive in Congress as soon as
Monday.

Pushed by state politicos, major retailers and of course, tax agencies, the
legislation would put an end to tax-free Internet shopping as well as other
mail-order sales.

As CNET reports, state governments and their tax boards have long been
asking Congress for a law that eliminates tax-free Internet purchases. 
Officials argue it takes money away from infrastructure such as schools and
police (always emotional button-pushers when brought up) and also say it's
only fair that online businesses collect and pay their share of taxes, just
like local stores.

Under current laws, it falls on purchasers to report and pay the sales tax,
or a "use tax." But how many really do that? So states say they are the
losers.

For example, the Board of Equalization in California claims a tax loss of
$1.34 billion in 2003 because residents didn't pay those use taxes and says
$208 million is linked to online purchases.

With the current economic downturn, the National Conference of State
Legislatures, which has pushed for the elimination of tax-free Internet
commerce for some seven years, may soon get its way.

According to a study by the Rockefeller Institute indicates sales tax
revenues have declined by just over 6.1 percent -- the largest drop in half
a century, reports the Wall Street Journal.

The new legislation will likely be introduced by Wyoming Republican Senator
Mike Enzi and Massachusetts Democrat Rep. Bill Delahunt, both past advocates
of similar proposals. Opponents of any such bill include the Direct
Marketing Association, the Electronic Retailing Association, and
online-entrenched companies such as eBay, L.L. Bean and Overstock.com. Part
of the problem, detractors argue, are complex tax codes regarding what
should or should not be taxed, coupled with more than 7,000 tax agencies in
states, counties and cities, all with different codes.

The U.S. Supreme Court has ruled that for the most part, out-of-state
retailers do not have to collect sales taxes unless Congress changes the
law, leaving it in the hands of politicians, and lobbyists, of course.

However, CNET notes, if a company based, in say, New York, but had enough of
a "business presence" in California, it could be forced to collect sales
tax. Another exception to the no sales tax for out-of-state companies is
cigarettes.

Meanwhile, more than 20 states are backing a proposal called the Streamlined
Sales Tax Agreement, created in 2002 to simply colliding tax laws around the
country. Proponents plan to lobby Congress on May 13.

The National Retail Federation claims its membership fully supports the
changes.

"The sooner we can get it done the better, as far as retailers are
concerned," said Maureen Riehl, the group's vice president of government
relations

Well, either online retailers don't belong to the NRF or weren't asked their
opinion, according to NetChoice, whose members include AOL, eBay, NewsCorp,
Oracle, Verisign and Yahoo.

"The states are desperate for new revenue and I think they realize they're
straying far from the simplification they originally promised," 
said NetChoice's executive director, Steve DelBianco. "That creates an
urgency on their part -- to get the federal mandate before it becomes clear
they have no real intention of simplifying or compensating sellers for the
burdens of collecting."

The problems include multi-state audits, when the home state of business
should only be involved, DelBianco said, adding greater tax-collection
pressure will be placed on small businesses, possibly crushing them while
major operations will endure.

"There has to be some oversight," DelBianco said. "Only the U.S. 
Congress is going to be able to protect sellers from unreasonable burdens."

Meanwhile, many states are also moving to tax digital downloads, just as
CDs, DVDs and video games are taxed in retail stores at the local mall or
Wal-Mart or Target.

While such a proposal was recently shot down in New York, a measure will go
into effect in Mississippi July 1, implementing a sale and use tax on
digital products such as movies, audio content like music and ringtones, and
also digital books. Numerous other states such as Washington, Minnesota,
North Carolina and Vermont also are examining similar new digital-related
taxes in order to pump-up revenues.



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