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To: justlurking
California is apparently claiming that your residence in California and receiving commissions from Amazon on this basis constitute Amazon's physical presence in the state, and thus obligating Amazon to collect sales tax on all purchases made by California residents.

Many of Amazon's California affiliates would be hosting their websites on out-of-state servers. While my sites have been designed and built in California, they 'live' on a server in Utah.

15 posted on 03/02/2011 3:14:19 PM PST by Bob
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To: Bob
Many of Amazon's California affiliates would be hosting their websites on out-of-state servers. While my sites have been designed and built in California, they 'live' on a server in Utah.

Yeah, this is yet another reason by the whole concept of "location" is outdated.

I have a Vonage phone. It's connected in my home, but has a main phone number in another state -- and yet another phone number in still another state. If I wanted, I could add a number for any of about a dozen countries.

And I can pick up the terminal adapter and take it anywhere in the world that I can get a good connection to the Internet, and then I'll be conducting business from "there".

My personal website is hosted in Nevada. But, I've never been there except for vacation. I do everything remotely through SSH and HTTP(S). The bits all reside in Nevada, but I click the keys and mouse at home... most of the time.

Sales taxes really should be assessed on the buyer, and make it their responsibility to comply. The merchant can't reasonably be expected to know all the different taxing districts and exceptions (which change constantly: does your state have sales tax holidays?).

In my state, a brick-and-mortar merchant is issued a sales tax certificate that states exactly what taxes must be collected. I guess we need one for buyers, too.

Yes, I know that's effectively a VAT. But, if it were to actually replace a tax (rather than be imposed on top of it), I would be less opposed.

17 posted on 03/02/2011 3:29:00 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: Bob
Many of Amazon's California affiliates would be hosting their websites on out-of-state servers

You can bet your banana on that. There is a work around for everything. My state passed legislation that prohibits the importation of medicine dispensed by a US pharmacy with a valid prescription. Hell, I moved - not literally, but my permanent mailing address did. There are bountiful re-shippers out there who will receive and re-ship your mail and other parcels for a nominal fee. RV'ers have used these services forever because they are always on the move. I can "live" in any state I wish. Idiots!

20 posted on 03/02/2011 3:36:10 PM PST by RobertClark (On a long enough timeline the survival rate for everyone drops to zero.)
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