Christopher Kaminski is ready to leave Chapel Hill and North Carolina over a proposed tax on online purchases that are linked through N.C.-based web sites.
The measure appears headed for passage without a battle.
Large online retailers like Amazon.com and Overstock.com pay commissions to web sites that steer customers to products on Amazon or Overstock. The budget agreement lawmakers reached Thursday would require the big .com retailers to collect sales tax on those purchases, treating them like brick-and-mortar stores in the state.
State law already requires North Carolinians to pay sales tax on internet purchases, but taxpayers have to report themselves, and few do.
Amazon and Overstock have cancelled their commission programs in North Carolina, and web site operators in the state, like Kaminski, are calling the plan a job killer.
Kaminski, who runs CouponClock.com, was one of dozens of web site operators who recently wrote legislators to oppose the tax. He said his web site is his full time job and the loss of commissions will force him to move, depriving North Carolina of the taxes he pays on his income, his property, his fuel and his boat.
"Instead of making money," Kaminski wrote, "North Carolina will see a decrease of over $30,000 in tax revenue from my family alone."


Comments
iTunes does charge sales taxes
April 5, 2010 - 6:18pm — mustang_dvsiTunes does charge customers in NC sales tax. Because Apple already has a physical retail presence in the state (in Durham, Raleigh, Charlotte and Greensboro). They've charged sales tax, via the web Apple Store since they opened the first store, in Durham.
Re: Online tax moving at high speed
August 2, 2009 - 2:19pm — rosebonI think the time has come to check on the stability of the people coming up with one more way to knock our state down. We already stole our children's education by cutting teacher's pay and classroom time, there are now those who are considering shortening prisoner's "time", lower sentences?, and even offering intense probation or drug abuse programs. So...where does the money come from for the intense probation officers & the drug programs? (The only decent proposal I see is them considering stopping people on probation who are then arrested during this probation, and still entitled to bail....for this I have proof that it happens....But back to the issue....We are being taxed, retaxed, punished for daring to make 60 grand a year, what is left to tax...until we drive everyone out of our fair state?....."Wrong Color Of The Day Tax?" or "You Wore A Hat on Tuesday Tax"....yes these are preposterous taxes I suggest, but think of how many preposterous taxes we are enduring as of late.....(temporary gas tax hike...or temporary food tax?) Internet trade is obviously the wave of the future...it's been going along fine. We were a very desirable state for businesses at one time, but it seems these long-established companies that were here....are now located in other states. Maybe instead of taxing us to the point of wanting to move away....the "powers that be" can look in their own backyard for their own budget cuts, elimination of committees for everything under the sun,and so on. I think much money will be rediscovered, without the usual costly probes after the "powers" are caught (ex:school bus scandal Black's schemes, and now Easley is being checked...)....
Re: Online tax moving at high speed
July 31, 2009 - 7:20pm — rickumusWe are suing the state if this law passed. It's totally unconstitutional and discriminatory. Plus, Bev “The Taxinator” Purdummy just left Apple and Google in the state without thinking this through. Will iTunes charge people in NC a tax? We'll see...
Re: Online tax moving at high speed
July 31, 2009 - 4:01pm — PaulTerrellThe Democratic Party in NC just does not understand the process where small business is important. But they know how to spend $14 million plus on a fishing pier in Basnight's district.
Had enough? Vote Republican!
Republicans Oppose Internet Tax
July 31, 2009 - 3:46pm — PoliticalJunkieSee this letter that was published in the Wall Street Journal:
Your editorial notes that North Carolina legislators favored a new, and most likely illegal, tax on Internet sales.
North Carolina Democratic legislators are in favor of this job-destroying new tax. Republicans, on the other hand, have opposed this tax increase from the beginning. Actions have consequences. Amazon.com's decision to pull out of our state proves the point North Carolina Republicans have been making for months: Raising taxes on small businesses destroys North Carolina's jobs, slows our economic recovery, and makes us uncompetitive with other states.
Like their brethren who control the federal government, North Carolina Democrats have an unquenchable thirst for wasteful spending. Unlike their colleagues at the federal level, North Carolina Democrats, lacking the ability to print money, have resorted to a job-destroying billion-dollar tax increase to balance the budget. As Amazon's decision illustrates, this tax increase will only make the recession in North Carolina worse.
What North Carolina needs is a budget that jumpstarts job creation, revives existing businesses, and encourages the creation of new businesses.
Phil Berger
Eden, N.C.
Re: Online tax moving at high speed
July 31, 2009 - 3:03pm — ncrma601Click-Through Provision Levels the Playing Field With Amazon
Over the past few weeks, much has been made of the so-called "Amazon Provision" endorsed by Governor Perdue and Senate and House Leadership that would require e-commerce retailers to collect sales tax for purchases made in North Carolina. Under this provision, e-commerce retailers using affiliates that generate over $10,000 in sales per year via “click-through” ads on an affiliate’s website would be required to collect North Carolina sales tax. Governor Perdue, House and Senate Leadership should be applauded for their efforts to level the playing field for North Carolina businesses with out-of-state e-retailers.
First Amazon.com and then Overstock.com announced that they were ending their affiliate programs in North Carolina and creating a grassroots campaign to defeat the proposal. Amazon has already hired lobbyists and sent corporate executives to Raleigh to actively lobby against this provision. Quite a sophisticated effort from a company that claims collecting North Carolina sales tax is too complicated and too burdensome. Based on a law similar to the one being considered in North Carolina, Amazon has been collecting sales tax in New York since June 1, 2008.
Amazon’s argument that collecting sales tax in North Carolina is too difficult or too burdensome rings hollow. There are many smaller and less technologically sophisticated e-commerce retailers that voluntarily collect sales tax in North Carolina. It is not that Amazon cannot collect the sales tax here or that it is too burdensome – they just do not want to do it. If Amazon truly cannot understand how collecting sales tax works, maybe they should click on their own website and order one of the many available books explaining sales tax such as “The Sales Tax in the 21st Century”, “Understanding and Managing Sales and Use Tax”, U.S. Master Sales and Use Tax Guide” or “Sales and Use Tax Answer Book.”
While brick and mortar retailers have struggled through a dismal economy with many permanently closing their doors, Amazon announced a record holiday season in 2008 bragging that they were selling 72.9 items every second and shipping to 210 different countries. The large majority of these purchases did not include sales tax. This gives e-commerce retailers a whopping 6.75% price advantage in North Carolina. Brick and mortar stores simply want to level the playing field.
Amazon argues they are standing up for their small business affiliates, but what about the small retailers that Amazon is putting out of business because of the competitive advantage gained by not charging sales tax? Maybe it was your local book store, sporting goods, shoe store, clothing or golf store that recently shut its doors and its employees went to the unemployment line. These local retailers provide jobs, pay property taxes, employment taxes, and collect sales taxes that pay for the very roads that Amazon uses to deliver products to North Carolina citizens and for the very landfills where their boxes inevitably end up.
While Amazon and Overstock argue that this issue is about protecting their small business affiliates, the clear and unsurprising reality is Amazon and Overstock are only focused on one thing - their profits. As far back as 2004, Amazon predicted the following in its annual report to Amazon shareholders:
“A successful assertion by one or more states...that we should collect sales or other taxes on the sale of merchandise or services could result in substantial tax liabilities for past sales, decrease our ability to compete with traditional retailers, and otherwise harm our retailers,” the report stated, adding, “various taxes upon Internet commerce could create administrative burdens for us and decrease our future sales.”
As a $90 billion industry, the Retail Industry is a huge economic driver in North Carolina employing an estimated 654,000 people and collecting over $4.5 billion in sales taxes annually. Looking at it another way, North Carolina loses thousands of jobs and hundreds of millions of dollars in uncollected sales tax due to companies like Amazon and Overstock. The North Carolina General Assembly is struggling to find a way to plug a $4 billion deficit and is debating a sales tax increase which only gives e-commerce retailers a larger advantage. If Amazon and Overstock were doing the right thing and collecting sales tax, maybe the State would not be in such a bind and the sales tax could even be lowered for all purchases made in North Carolina.
Re: Online tax moving at high speed
July 31, 2009 - 1:01pm — RichOwingsMark, this is hardly passing "without a battle." We may be outgunned by deep pocket lobbyists for Barnes & Noble and WalMart, but plenty of NC citizens have been fighting this one for weeks now.
Re: Online tax moving at high speed
July 31, 2009 - 12:33pm — TrueBlueGirlCan anyone provide additional information on the economic development deal that Asheville lost because of this proposed tax?
Re: Online tax moving at high speed
July 31, 2009 - 12:27pm — TrueBlueGirlThis is no longer about fairness for brick-and-mortar businesses. Brick-and-mortar businesses like Barnes and Noble will still be here.
But the people who rely on this online income won't. They'll either be required to file for unemployment assistance or they'll have to leave the state.
This is now about people and their ability to make ends meet.
If the nexus bill caused Asheville to lose an opportunity to create new jobs imagine the damage it will do to larger cities. This is a recession. We need as many new jobs as possible.
Re: Online tax moving at high speed
July 31, 2009 - 7:58am — RichOwingsBudget negotiators know that they will not get any additional tax revenue, now that e-commerce merchants are terminating advertising contracts with NC website owners. Their motivation appears to be anger at Amazon, and they are putting that ahead of the interest of NC taxpayers. I heard yesterday that Asheville lost a 150 job economic development deal over this legislation. I'm leaving the state too as soon as this passes, taking my business and income taxes with me.
Re: Online tax moving at high speed
July 31, 2009 - 7:13am — RML1956North Carolina really looks ignorant with this deal. They apparently have no concern at how much business they just stopped for people one Friday morning in June. They'll get less revenue than it will ever be worth against all the ill-will and revenue they will lose.
The whole thing is illegal as hell if you read the NC fine print...
Re: Online tax moving at high speed
July 31, 2009 - 6:24am — robdarichNeeded revenue is a pretense.
The reality is that Kaminski is making money - he's got to go.
When the moneymakers are gone, there'll be more easy pickins.
Can't we just kill NC and put it out of its misery?
(If this were go-fish, I'd have already gotten what I asked for)