Amazon, others oppose New York sales tax in court

Advertisement
By Reuters | Updated: 7 February 2013 10:19 IST
Major online retailers Amazon.com Inc and Overstock.com on Wednesday told a New York state court that they should be allowed to not charge state sales tax.

The case, in the State of New York Court of Appeals, represents one of the first legal tests of recent "Amazon taxes" meant to make online retailers start charging state sales taxes.

Amazon and Overstock attorneys argued before the court that a 2008 New York law requiring companies with affiliates in the state to collect sales tax was unconstitutional.

Advertisement

For New York, millions of dollars in tax collections ride on the court's decision, expected by June.

Retailers with a physical presence in any state must remit sales tax on purchases made either in a store or online.

Advertisement

But a 1992 Supreme Court decision, Quill Corp v. North Dakota, said retailers lacking a "nexus" of operation in a state need not collect sales tax.

The New York law applies the nexus concept in a novel way. It says that websites with purchase buttons for Amazon or other national retailers get fees based on sales delivered that make the sites local solicitors for the larger retailers.

Advertisement

Lower courts have sided with the state and found in favor of the law. But on Wednesday, some members of the five-justice panel took clear interest in the companies' argument that web referrals do not constitute a local sales force, but rather are something more akin to buying newspaper advertising.

The idea that putting an ad in the newspaper makes the paper an advertiser's sales force is "absurd" argued Randy Mastro, a partner with law firm Gibson Dunn, representing Amazon.

Advertisement

Steven Wu, attorney for the state, said web purchase buttons differ from advertising. "Advertising gets people to the door of a business, soliciting gets them to the register," said Wu.

Between the law's passage in 2008 and February 2012, online-only retailers collected and remitted to New York $360 million in sales tax on more than $4 billion in transactions, according to the state's Department of Taxation.

Legislation that could resolve these issues has been introduced in the U.S. Congress, but has not come to a vote. The issue may end up before the U.S. Supreme Court. Mastro said the case will be appealed no matter the result.

The cases are Overstock.com v. New York State Department of Taxation and Finance, New York State Court of Appeals No. APL-2012-00017, and Amazon.com v. New York State Department of Taxation and Finance, New York State Court of Appeals No.APL-2012-00045.

© Thomson Reuters 2013

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Google Home Speaker Finally Makes Its Global Debut, Available to Pre-Order
  2. Oppo Reno 16 Series Will Launch in Indonesia, Malaysia on These Dates
  3. Vivo Y6e 5G With 6,500mAh Battery Debuts at This Price
  1. Chandra Captures Sharpest-Ever X-Ray View of M87 Black Hole Jet
  2. Honor 600 Smart 5G With 7,700mAh Battery Listed on French Website, Could Launch Soon: Price, Features
  3. Rockstar Games Confirms GTA 6 Pre-Orders Will Begin June 25, Reveals New Cover Art
  4. Oppo Enco Air 5 India Launch Teased; Amazon Availability Confirmed
  5. Huawei FreeBuds 7i, FreeBuds SE 4 ANC Launched in India With Up to 50 Hours of Total Battery Life: Price, Features
  6. Aztec Hit With Second Security Breach, Days After Hackers Used Exploit to Steal $2.19 Million
  7. FilterCopy’s For The Real Me Season 1 Now on Instagram: Know Everything About This Micro-Drama Reel Series
  8. Narwal S20, S20 Pro, S30 Wet and Dry Vacuum Cleaners With Up to 20,000Pa Suction Launched in India:Price, Features
  9. Oppo Reno 16 Series Launch Date in Indonesia, Malaysia Announced as Pre-Orders Begin
  10. Vivo Y6e 5G Launched With 6,500mAh Battery, Snapdragon 4 Gen 2 SoC: Price, Specifications
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.