Supreme Court interstate sales tax ruling means it is a good time to invest in paper shuffling?
“Supreme Court Widens Reach of Sales Tax for Online Retailers” (nytimes):
Overstock said the decision would have little impact on its business but argued that with more than 12,000 different state and local taxing districts, the ruling would present a “compliance challenge” for internet start-ups. Chief Justice Roberts made a similar argument in his dissent.
Folks on Facebook discussing this seem to assume that there are roughly 50 sales tax jurisdictions in the U.S. so a retailer need only do a simple calculation and write at most 50 checks per quarter to remit the sales tax actually collected. The reality is that up to 12,000 different checks would need to be written on a quarterly basis, e.g., after a sale to a single customer 3,000 miles away the retailer would have to do the following:
- figure out the city in which the customer lived (zip codes may span multiple cities)
- figure out the county in which the customer lived (zip codes may span multiple counties)
- run three multiplications involving state, city, and county tax rates (this is the easiest part!)
- write a check to the state
- write a check to the city
- write a check to the county
There are software packages designed to help with this (see Avalara, for example) and obviously buying stock in this kind of bureaucracy-on-top-of-bureaucracy enterprise would have made sense a month ago! But I wonder if the increased regulatory burden creates opportunities for new companies that can make life simpler for a retailer.
(Separately, I think that this shows one of the strengths of the European way of doing things. A retailer would have to deal with only a single VAT authority for both calculation and remittance. A friend pointed out that the true religion of the U.S. is regulatory compliance, in the sense that all of the time people used to spend praying in churches in the Middle Ages is now devoted to filling out forms, conducting training seminars, etc. This could be an example? Where the European deals with 1 sales taxing jurisdiction, the American will deal with 12,000.)
Readers: What do you think of all of this? Does it make sense to have a national sales tax policy enforced by 12,000 different entities? Does it make sense in the first place to tax a retailer in Hawaii selling to a consumer in New York City? The Hawaiian store is not getting any services from New York State or New York City. If “sales tax” is actually supposed to be a consumption tax on the consumer, wouldn’t it make more sense to impose the tax globally rather than nationally? Why not have the government mine a citizen’s or resident’s credit card statements and tax everything purchased anywhere on Planet Earth? If it is a consumption tax, what’s special about consuming from Hawaii or while sitting in New York as opposed to consuming something in France?
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