A story titled Appeals court: Borders must pay Calif. tax on online sales may be the straw that breaks the camel’s back in the controversy over collecting sales tax on internet purchases. Businesses can avoid paying sales taxes to states where they have no physical presence, according to a 1992 U.S. Supreme Court ruling. Borders books online division has no physical presence in
Borders Group Inc. says it has never collected sales tax for books and music sold over the Internet to
"We’ve done everything within the confines of the tax law. We have always believed that what they did was correct under the Constitution," said Borders lawyer Scott Brandman.
The judges also noted that the companies had board members in common and shared a similar logo.
States and local governments have lost $15.5 billion in sales tax revenues because of Internet sales, according to conservative estimates by researchers at the
Borders is also fighting online sales tax disputes in Nevada and Illinois, according to documents filed with the Securities and Exchange Commission, and has warned that profits might drop if it’s forced to pay taxes on its past online sales. But the company said any adverse rulings won’t affect its ability to pay its bills or undermine its financial strength. Borders earned $131.9 million on sales of $3.9 billion last year.
"The notion that these were separate companies was nothing more than a tax dodge," said Oren Teicher, chief operating officer for the American Booksellers Association, a
Whether this is an isolated incident focusing on Borders or this is an indication that states will be trying o get the rest of the $15.5 billion being lost each year is unclear. It seems that for now the states are going after the low hanging fruit, the companies with some indirect physical location in their state. We will see how this story unfolds over time.
UNCoRRELATED
June 14, 2005 at 11:54 amWhose money is it?
The Washington Post reports:
An appellate court ruling against Borders Group Inc. sets a precedent that could enable California to force some major Internet retailers to start paying state sales tax for books, music and other goods sold online to stat…
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