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Old 05-06-2008, 11:37 PM
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Complete Coverage of the New York Affiliate Tax Issues Here!

I think the motive is $50 million in extra revenue for the state, they would not get otherwise. NY brick and mortar companies will probably be happy with the government because it will level the playing field and make it not quite as attractive for people to buy online.
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Last edited by Linda Buquet; 05-22-2008 at 05:22 PM.
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Old 05-14-2008, 10:56 AM
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Default Overstock removes all NY affiliates

Here is the letter from Overstock letting New York Affiliates know they are being terminated.

Affiliates are under attack - New York ones first out
(Note: this link was pre-approved by Linda as a major breaking industry news story)

Scary things ahead.
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Old 05-14-2008, 11:09 AM
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OMG, I knew this whole thing was going to blow up! Shoot, this could get nasty!

Did some research and just blogged it.
Overstock Fires New York Affiliates Over New Tax Law - 5 Star Affiliate Blog
More important info in that post and links to lots more commentary.
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Last edited by Linda Buquet; 05-16-2008 at 02:13 PM.
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Old 05-14-2008, 11:36 AM
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Arrow Other States May Copy New York's "Amazon" Tax Law

Several other states are reported to be closely watching New York's new sales tax law that is being called the "Amazon" law.

The law targets online retailers who have affiliates in New York. If the online retailer has even one affiliate in New York the online retailer is considered to have a presence in New York and must collect state sales tax.

Other states are considering doing the same thing with California looking as if they could also have start work on legislation that would also say that retailers have a physical presence in California if they have affiliates in California. Two bills about this are now pending in California.

Here are a couple of articles with a little more about this:

Other States May Copy New York's Amazon Tax Law - Kiplinger.com

Net4Now :: News Story
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Old 05-14-2008, 12:40 PM
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Oh dear, this could get knarly! Thanks Larry!
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Old 05-14-2008, 03:07 PM
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Blogged it - thanks Larry!

Warning - California May Copy NY’s Amazon Affiliate Tax Law
Links to lots more info in that post.
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Last edited by Linda Buquet; 05-16-2008 at 02:12 PM.
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Old 05-16-2008, 10:39 AM
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The question that I keep seeing come up is how on earth would they enforce this new tax law?

Yes, it would be (to paraphrase Linda ) "complicated and costly for retailers to install complex tax collection systems", however on top of this it would involve major organization on the behalf of the state governments to track down ALL of the merchants that have affiliates based in NY.

I guess if the payoff is high enough ($50 million), they'll try and find a way...?
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Old 05-16-2008, 12:05 PM
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Well one of the issue is...

They say if you come forward and self declare and start collecting and paying tax by June 1, they will exempt you from paying back taxes on all the sales. BACK taxes are a big deal because those are taxes you never collected from consumers, so it comes right out of a company's pocket.

IF they catch you and find out you didn't declare and should have, they'll collect back taxes retroactively. They are using this to scare companies into self policing and reporting. All it will take is for them to make examples of and big headlines with a couple other large obvious targets and a lot more companies will tow the line.

Theres a WHOLE bunch of other stuff happening around this issue… see next post.
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Old 05-16-2008, 02:21 PM
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There is a whole bunch of new stuff going on. I'm researching and blogging a ton of info as fast as I can, but have not been able to keep up with getting things updated here at the forum. We had a few separate threads going here so I just merged them all to keep the info focused and the news timeline of all the stuff intact.

TON OF IMPORTANT INFO IN THIS POST:
Overstock Your PR Sucks - Plus Affiliates Fight NY Tax Law - 5 Star Blog

Some of us are working on unifying some type of efforts to fight the NY law.
SEE BOTTOM OF THAT POST IF YOU WANT TO GET INVOLVED.
I am helping MediaTrust to start some lobbying initiatives.
They are talking to IAB today to see if they can help us.
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Old 05-16-2008, 02:24 PM
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Shareasale, so far, to my knowledge, is the only network that has made a
public policy statements about New York affiliates and how this tax issue will be handled.


(I added this to the bottom of today's very long blog post that covered lots of issues,
so thought it best to break it out as a separate topic here, to be sure everyone sees it.)

Brian blogged today regarding how affiliate privacy issues will be balanced
with getting merchants the information they need to comply with the New York law:
Shareasale - NY State and the “Affiliate Sales Tax” Law

Thanks Brian for pro-actively addressing the issue and handling it
as well as a network could under the circumstances.
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