Wednesday, May 13, 2020
The Marketplace Fairness Act - 1881 Words
It is no secret consumers enjoy shopping online, especially on websites such as Amazon, Ebay, and Overstock.com, where no sales tax is collected. As obeying, tax-paying citizens, all consumers are required to report on their income tax return the total amount spent on tax-free purchases, but reality reveals that very few consumers actually do. All an individual has to do is go to their stateââ¬â¢s government website and download the tax form to keep track of their tax-free online purchases. For instance, the Louisiana governmental website allows individuals to download the R-1035 form to report their purchases every month. Alternatively, the consumer could report all of the purchases multiplied by an 8% tax rate (Louisiana Department ofâ⬠¦show more contentâ⬠¦There is also confusion regarding what is Constitutionally acceptable in the online marketplace. Many consumers and businesses believed that taxing products over the Internet was not allowed. . This misconception was c leared up in infamous Quill Corp. v. North Dakota case, which created the ââ¬Å"nexusâ⬠law. This case has greatly effected the taxation of Internet sales. It stated that there must be a large physical presence of a company in a state for that state to lawfully require the company to collect taxes inside the state (Andes Atkinson, 2013). With the growth of the Internet, many of these misconceptions are attempting to be understood through various forms of legislation. In 2013, Congress introduced the Marketplace Fairness Act. It provides state governments the authority to tax out-of-state sellers without premise of having ââ¬Å"physical presenceâ⬠in the state, which is what the Quill case required. Therefore, neither in-state sellers nor out-of-state sellers will not have an advantage over another because of the tax code. This ruling is based on economic nexus. It would no longer be required that a seller have physical presence. As long as a transaction is made between a buyer and a seller that live in two different states, and the buyer is from a taxing state (only five states do not require sales tax), then both are required to have a sales tax transaction and report it on the income tax. Because a state government cannot technically rule overShow MoreRelatedThe Internet Is A Vital Part Of The Modern World1626 Words à |à 7 Pagesmarket since it provides an array of benefits for both consumers and businesses such as variety, convenience , reliability, and mostly tax-free. However, the days of tax-free online shopping may be coming to an end as a result of the Market Place Fairness Act which was passed by the Senate in 2013. Currently, the bill is moving on to the House where it will be decided if it will be banned or not. 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