Haslam says no.

Amazon is getting millions in state incentives to open distribution centers in Chattanooga. The sales tax issue is the final negotiating point.

Some argue the distribution centers establish a physical presence in the state ("nexus"), which would require them to collect sales tax on sales to Tennessee residents. Amazon argues that the distribution arm is a separate entity and doesn't conduct retail sales, only order fulfillment. Other retailers are calling foul, saying Amazon is getting special treatment.

State law suggests they would be required to collect sales tax (but I'm not a lawyer and don't play one on the internet). On the other hand, there are numerous exceptions and exemptions, and Amazon could negotiate one for themselves but it would presumably require legislation.

Amazon filed several lawsuits in other states regarding sales tax collection. Most recently the company announced they are closing a Texas distribution center after the state said Amazon should be collecting sales tax and demanded $269 million in uncollected taxes.

Another tactic being pursued by some states is to argue that Amazon Associates (affiliates) who place links to Amazon on their websites (like this one) establish nexus in that state. Amazon has been involved in lawsuits in several of these states, including Connecticut, New York, North Carolina, and Colorado. Amazon is advising affiliates in some states that they will be dropped from the program if the states prevail.

It's a complicated issue nationwide, and there are several Supreme Court cases and proposed federal regulations involved.

So what do you think? Should Amazon be required to collect sales tax on sales in Tennessee if they open a distribution center here?

Anonymous1's picture

Sales Tax

No states should be collecting sales tax on the net. If I go to buy something and see Im paying sales tax, I back out and close the window.

WhitesCreek's picture

Why is the governor promoting crime?

If you buy something and do not pay sales tax during the purchase, you are required by law to pay it as a use tax. A1, You are apparently a tax criminal.

When the sales tax is not paid to the supplier by a user and consumer of tangible personal property, the user will become personally liable for the tax. This occurs generally when a Tennessee consumer purchases articles from an out-of-state dealer not registered for Tennessee tax. It also arises when a dealer extracts inventory items purchased on a resale certificate for his business or personal use. Use tax is equivalent to the sales tax on both the state and local level. Use tax is due even when a citizen or non-registered entity imports taxable tangible personal property into Tennessee for use.

WhitesCreek's picture

I'll even go a step further

Everyone should be required to pay local and state sales tax on internet purchases just like they would on a purchase at the local store. Why have an incentive to destroy local retailers and commerce?

Saint Dharma's picture

Death and Taxes

I am torn. On the one hand, Amazon is the 800 lb gorilla of distribution, and they will bring jobs to the area.
On the other hand, the state needs the sales tax revenue. There has to be a compromise here somewhere...

Andy Axel's picture

If Amazon gets this

If Amazon gets this treatment, then Newegg should too. As should a lot of other retailers who've set up camp in Memphis to be close to the FedEx hub.

michael kaplan's picture

anything i buy from a private

anything i buy from a private corporation with a 'presence' in tennessee is subject to state tax. online sales are putting local retailers out of business. look at borders or circuit city among others. on the other hand, the shipping companies (USPS, UPS, FedEx) are doing great business delivering these goods to and from the distribution centers. that translates into jobs and profits. it's clear that amazon will not open a fulfillment center that collects 9.25% tax on items. so IMO it's a toss-up, and won't be resolved until it is resolved on a federal level. after all, it is an interstate commerce issue.

Sarge's picture

Resolve on a Federal Level

Yeah, right Governor Haslam its time to punt.

Pam Strickland's picture

Of course, part of the

Of course, part of the problem is that Tennessee relies too heavily on the state sales tax.

B Harmon's picture

All mail order companies?

My sister runs a small mail order (internet orders also) company in Seymour and has always charged TN residents (or ship to addresses) the sales tax. If Amazon purchases do not get charged sales tax then it should apply to all companies with in-state and out-of-state customers.

redmondkr's picture

Amazon charged me $0.95 tax

Amazon charged me $0.95 tax on the last $9.99 Kindle ebook I bought from them.

cafkia's picture

I voted no. I did so because

I voted no. I did so because the sales tax is hugely regressive and if Amazon's influence is to help bring sanity and fairness to the state, a good way to start might be to stop doing things the old way.

Tess's picture

Amazon sells everything now,

Amazon sells everything now, not just books. If they are not required to charge sales tax, it will pull even more business from local stores. That is just not equitable.

I like to pay as little as possible, but if they operate in-state they should follow the same rules as all other in-state businesses.

Opinari's picture

Morality of tax avoidance

Morality of tax avoidance aside, state enforcement of this issue is certainly a job killer. Amazon is closing their distribution center here in Texas because of this very thing.

Link

Opinari's picture

Oops... just realized it was

Oops... just realized it was already alluded to in the original post. Nothing to see here. Carry on. :-)

smalc's picture

I just noticed this statement

I just noticed this statement on an Amazon shipment notification email I received yesterday:

Please be aware that this order is subject to Tennessee Use Tax (T.C.A. § 67-6-210) unless an exemption exists under Tennessee law. A sale is not exempt under Tennessee law because it is made through the Internet. Payments of applicable Tennessee use tax may be made through the Tennessee Department of Revenues Website at (link...).

I've never noticed it before, but maybe I just missed it.

bizgrrl's picture

Hasn't that tax always been

Hasn't that tax always been required? Rarely do people actually pay it.

smalc's picture

Yes, but I just wondered if

Yes, but I just wondered if Amazon had recently added that statement because of the controversy with the distribution centers.

bizgrrl's picture

It could be very new. I don't

It could be very new. I don't see that kind of reminder on our Amazon order dated 8/2/2011.

ATSF616's picture

Please be aware that this

Please be aware that this order is subject to Tennessee Use Tax unless an exemption exists under Tennessee law. A sale is not exempt under Tennessee law because it is made through the Internet.

No equivalent statement has appeared on anything I've ever ordered shipped within Indiana.

I really do try to buy locally whenever possible, but sometimes it's just too damn easy to click and be done with it, especially if faced with the prospect of spending half a day driving around town or 100 miles roundtrip to Indianapolis to locate some specialized camera item or electronic cable that, in all likelihood, won't be in stock anyway.

journalist's picture

"I just noticed this

"I just noticed this statement on an Amazon shipment notification email I received yesterday"

Hmm. That makes me wonder if Amazon will report the names of its TN customers to the state so that the state can send us sales tax invoices.

reform4's picture

Ding ding ding ding!

You got it.

redmondkr's picture

I just bought a Kindle copy

I just bought a Kindle copy of A Stillness at Appomattox and Amazon charged me $1.23 in tax. Last March I bought The Rottweiler: Centuries of Service and they charged no tax. In January my copy of Michael Tolliver Lives was taxed at 95 cents.

The only difference I see is the fact that these ebooks come from different publishers.

Explained for Books 's picture

Explained for Books

Tennessee, like other states that impose a sales tax, also taxes the use of property that is brought into the state untaxed when purchased. The purpose of the use tax is not only to raise revenue, but also to protect local merchants, who must collect the sales tax, from unfair competition from out-of-state sellers who do not collect Tennessee’s sales tax. Effective January 1, 2009, the local use tax rate on purchases or downloads of digital videos, digital books, and digital music, as defined in Tenn. Code Ann. Section 67-6-102, is established at 2.50% regardless of the actual local tax rate in effect in the jurisdiction of the user and consumer.

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