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Small business 'victory' in Jersey tax dispute
The Register ^ | 28 Feb 2006

Posted on 02/28/2006 10:53:09 AM PST by nickcarraway

Step towards closing the loophole, SMBs say Owner-managers have claimed a victory over retail industry big guns in an argument about the exploitation of Jersey’s tax loophole.

Goods worth less than £18 sold on Jersey are exempt from VAT, a fact that has tempted the likes of Tesco, HMV and Amazon to use the island as a sales base, distributing knockdown CDs, books and DVDs to UK customers.

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IT gurus seek Your counsel - Jobsite, The best people for the job UK optician and eyewear retailer Dollond & Aitchison set itself up on Jersey to sell contact lenses, but last week the European Court of Justice ruled that the company must factor in the cost of eye tests in a lens package, pushing their value over the £18 cut-off.

Small independent stores located on the mainland, who say they can’t compete with the VAT-less prices, welcomed the ruling, saying it represented a step towards closing the loophole – despite being won on a technicality exclusive to opticians.

"Independent retailers are being crippled by this practice; they simply can’t compete on price," Forum of Private Business chief executive(FPB) Nick Goulding said. "The FPB believes this is an abuse of the tax system and it is time the government took decisive action to stop it. It should not be forgotten the government is losing £80m in unclaimed VAT."

Nick Hornby, author of High Fidelity, a story set around a small, independent record shop, has leant his backing to the campaign, saying the type of outlet featured in his book is becoming extinct.

Big stores combine economies of scale and a lower tax take to offer newly released CDs from £8 and DVDs from £12.

Mike Dillon, owner of the Record Factory in Glasgow, said no private shop could compete on those terms: "I could actually buy stock from a supermarket cheaper than from a wholesaler, and that's got to be wrong," he said.

"I'm really concerned about this, and I believe that, at the current rate, the business that I established back in 1972 has, at best, five years left. We must be able to compete on a level playing field."


TOPICS: Business/Economy; Culture/Society; Extended News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: New Jersey
KEYWORDS: business; businesses; businesstax; smallbusiness; smallbusinesses; tax; taxes

1 posted on 02/28/2006 10:53:11 AM PST by nickcarraway
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To: nickcarraway

Unless these retailers expect courts to rule that eye exams are needed to buy CDs, I don't get why they think this is going to help them.


2 posted on 02/28/2006 11:01:12 AM PST by John Jorsett (scam never sleeps)
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To: John Jorsett

I don't know if this is true, but the bridesmade from my brother's wedding, who is from New Jersey, told me that New Jersey is the only state in the union that doesn't allow customers to pump their own gas? They still have full service.


3 posted on 02/28/2006 11:17:51 AM PST by gman992
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To: gman992

True, New Jersey doesn't allow people to pump their own gas. Oregon used to be that way too, but they may or may not have changed.


4 posted on 02/28/2006 11:19:49 AM PST by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: gman992

Did you accidentally post on the wrong thread? :)


5 posted on 02/28/2006 11:31:19 AM PST by FoxInSocks
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To: nickcarraway
The little shops can't compete against a large company that can buy in volume. If I buy an item factory direct in lots of one, I pay full price. Walmart buys 100,000 units and gets a volume discount. Walmart can sell me one of the 100,000 much cheaper. The little guys can never compete on price alone. If they don't offer something else to make their services worthwhile, it is time to do something else. They prefer invoke the iron fist of government regulation against a competitor since they are incapable of competing in the real marketplace. Shades of Atlas Shrugged. Not unexpected in a socialist state.
6 posted on 02/28/2006 1:27:31 PM PST by Myrddin
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To: Myrddin

It more like they are subject to a 17 percent VAT that their large competitors can escape due to a loophole. But I don't know the situation very well.


7 posted on 02/28/2006 1:42:16 PM PST by Young Scholar
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To: Young Scholar

It more = It looks more


8 posted on 02/28/2006 1:42:37 PM PST by Young Scholar
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To: Young Scholar
From the article

Big stores combine economies of scale and a lower tax take to offer newly released CDs from £8 and DVDs from £12.

Economy of scale is the key element. Companies selling on the internet routinely dodge sales and VAT taxes. There is nothing to prevent these shops of setting up an office on Jersey to beat the VAT, but they would still lose the economy of scale to the big dogs.

VAT is a percentage of the cost of the item. The economy of scale reduces the cost of the item and the VAT is reduced in direct proportion.

The consumer wins with the big dogs and pays a bunch more to subsidize the little guys who can't compete.

People using scrub boards, hand cranked wringers and clothes lines are really pissed at the unfairness of competitors using fully automatic electric washers and dryers. It's just not fair.

9 posted on 02/28/2006 2:22:35 PM PST by Myrddin
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To: Myrddin
It could be that the VAT is really just an excuse, and they are really complaining about losing economies of scale. But it is reasonable for them to complain about an inequitable tax system (that treats purchases made in one area differently than those in another, when the VAT is a national-level tax).
10 posted on 02/28/2006 3:11:09 PM PST by Young Scholar
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To: Young Scholar
The "bricks and mortar" stores in the U.S. make the same complaint about internet sales. Amazon sells a book at a deep discount (volume), no sales tax and free shipping for purchases over $25. Barnes & Noble has stores all over the place. They are required to charge sales tax equal to what you would pay in their "bricks and mortar" store within your state. Their discounts are smaller than Amazon. I still patronize Barnes & Noble over Amazon if I need the book faster. B&N ships much faster.

In theory, the untaxed sale from Amazon is still due a "use" tax in place of a "sales" tax. Calfornia and Idaho have a spot on the state income tax form to declare "use" tax on items purchased that were not subjected to sales tax.

Even if the "leveling" effect of the "use" tax is applied, the deeper discounts and free shipping offered by Amazon trumps the best that a Barnes & Noble store can offer if the only issue is price.

11 posted on 02/28/2006 5:19:22 PM PST by Myrddin
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To: Myrddin
Even if the "leveling" effect of the "use" tax is applied, the deeper discounts and free shipping offered by Amazon trumps the best that a Barnes & Noble store can offer if the only issue is price.

That's true, and it would be fairer if they were competing on equal terms. I don't know a good way to "fix" that, though. Simply forcing one state to collect another's sales tax would cause all sorts of problems, and forcing merchants to collect sales tax for whatever state the purchaser is from would be a huge administrative burden.

12 posted on 02/28/2006 5:35:43 PM PST by Young Scholar
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To: Young Scholar
There's not really a way to accomplish "equal" terms. Each merchant has different costs in rent, utilities, payroll and taxes. The local marketplace for each merchant also varies with respect to local population, local competition. Even weather can be a variable. The quality and variety of goods on hand affects whether a customer will return. Knowledgable, friendly, helpful staff can make a difference. A dining area with an in-house coffee shop and WiFi can be a draw as well. There is no such thing as equal.
13 posted on 02/28/2006 6:09:35 PM PST by Myrddin
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To: Myrddin
There's not really a way to accomplish "equal" terms. Each merchant has different costs in rent, utilities, payroll and taxes.

Exactly, and the marketplace is most efficient when the price of an item is allowed to precisely reflect these factors (each of which influences supply and/or demand a little). The most economically efficient tax is the one that least impacts this equilibrium--that is the most fairly and evenly distributed--so that one buyer or seller or means of distribution is not favored.

14 posted on 02/28/2006 6:19:55 PM PST by Young Scholar
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To: Coleus; Liz; OldFriend

If I'm reading this correctly, I think there is actually a good news story about NJ.


15 posted on 02/28/2006 6:23:59 PM PST by Calpernia (Breederville.com)
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To: gman992

That is correct.

It does create a handicap though.

When I moved out of state, the first time I had to get gas, I stood there looking at the pump not knowing how to get it in the car.


16 posted on 02/28/2006 6:26:05 PM PST by Calpernia (Breederville.com)
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To: Calpernia
When I moved out of state, the first time I had to get gas, I stood there looking at the pump not knowing how to get it in the car.

I've been doing the self serve approach at gas stations since 1970. The first stations to offer self serve had split the service islands between full serve and self serve. There was enough price difference that nobody was patronizing the full serve anymore. Eventually, most stations went to all self serve.

17 posted on 02/28/2006 6:44:00 PM PST by Myrddin
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To: Myrddin
:)

That wasn't even an option.

NJ has no split islands for full/self

and it was a rural area we moved to that only had self as an option. :P

Needless to say, the whole town heard of the dilemma by the next day. (gossip)
18 posted on 02/28/2006 7:20:51 PM PST by Calpernia (Breederville.com)
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To: ancient_geezer


19 posted on 02/28/2006 9:06:27 PM PST by Coleus (What were Ted Kennedy & his nephew doing on Good Friday, 1991? Getting drunk and raping women)
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