Governors Seeking Internet Tax

[Declan McCullagh]

I'm no expert on this -- in fact, I've studiously avoided becoming one
on this -- but my understanding is that under the Quill decision,
California can't force PennsylvaniaBooks.com to collect sales taxes on
shipments to SF and remit it to the Calif tax collectors.  (Without
nexus, that is.)

Ideally the guvs would like federal law to modify the Quill ruling.

-Declan



On Sat, Aug 04, 2001 at 09:49:32PM -0700, Steve Schear wrote:
> At 08:50 PM 8/4/2001 -0500, you wrote:
> >http://dailynews.yahoo.com/h/nm/20010804/pl/tech_governors_tax_dc_1.html
> >
> >Governors Seeking Internet Tax
> >By Leslie Gevirtz
> >PROVIDENCE, R.I. (Reuters) - Wyoming Gov. Jim Geringer on Saturday urged 
> >Congress to allow states to tax e-commerce to replenish state coffers.
> 
> Perhaps some on the list can explain to me what the governors are asking 
> from Congress.  A plain reading of the Constitution supports and recent SC 
> decisions have confirmed that the Commerce Clause prohibits states from 
> taxing out-of-state corporations without an in-state nexus.  Congress is 
> also prohibited from delegating their taxation powers to the states, in the 
> same way the SC ruled they may not delegate to the Pres the editing of 
> bills via the line item veto, so what are they asking for?
> 
> steve