Congress Introduces Online Tax Bill

The U.S. Senate introduced legislation that would require online and catalog retailers to collect sales tax in states that have simplified their sales tax laws.

February 18, 2013

WASHINGTON - Last week a bipartisan group of 53 U.S. senators and representatives introduced legislation, the Marketplace Fairness Act of 2013, to allow local brick-and-mortar retailers to compete with out-of-state Internet sellers.

While brick-and-mortar retailers collect sales taxes from customers who make purchases in their stores, many online and catalog retailers do not. Under the Marketplace Fairness Act of 2013, states would have the option to require the collection of sales taxes by out-of-state sellers if states simplify their sales and use tax systems.

The Wall Street Journal writes that for decades, "states have been unable to force online stores to collect sales taxes because of a 1992 Supreme Court decision that found merchants don't have to gather sales taxes in states where they lack a physical presence. State laws typically require residents to still pay taxes on self-reported online purchases, but consumers rarely do so."

U.S. Sens. Mike Enzi (R-WY), Dick Durbin (D-IL) and Lamar Alexander (R-TN), who introduced the Marketplace Fairness Act in the Senate during the previous 112th Congress, introduced the legislation in the Senate. "The federal government should not favor some businesses over other businesses and some taxpayers over other taxpayers. It??s time to stop discriminating through the tax code and put local and Main Street retailers on a level playing field with their out-of-state and online counterparts," said Enzi.

U.S. Reps. Steve Womack (R-AR), Jackie Speier (D-CA), John Conyers Jr. (D-MI) and Peter Welch (D-VT) introduced the bill in the U.S. House of Representatives. "When a consumer can walk into a store, try out a product and then go home and buy it online without paying sales tax, Main Street businesses and downtowns lose out. Our bill will level the playing field and bring much-needed fairness, strengthen our Main Street businesses, create jobs and revitalize our downtowns," said Welch.

If enacted, the legislation would give states that have simplified tax codes the ability to collect additional sales taxes from online purchases of merchandise and goods. According to the National Conference of State Legislatures, states are missing out on $23 billion in tax revenue annually.

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