The Performance Marketing Alliance (PMA) is helping to fight against the unfair sales tax law, dubbed the "Amazon Tax" that was passed in New York. This advertising tax resulted in thousands of affiliates losing income and some probably going out of business.
Amazon filed an appeal on July 13th 2009 and the State of NY is expected to file a response by Sept 16th 2009.
The PMA "today announced the filing of a motion seeking leave to submit an amicus brief in support of Amazon.com’s appeal, which argues that the law requiring Amazon and other Internet retailers to collect use taxes on sales in New York (N.Y. Tax Law § 1101) based on their relationship with affiliate marketers is unconstitutional under the Commerce Clause of the U.S. Constitution."
Quote:
Performance Marketing Alliance Moves to Reverse Unfair Tax Legislation Threatening New York Business Owners
The brief explains that affiliates provide a form of Internet-based advertising that is closely analogous to traditional print advertisements distributed by a catalog retailer, and do not constitute a physical presence for an ecommerce merchant in any state. Affiliates sell no products, collect no payments from buyers and make no deliveries. They have no further involvement in the sales and marketing process beyond posting the advertisement...
Since it passed in 2008, the New York statute has decimated the income of thousands of affiliate advertisers in the state as several large Internet retailers have terminated all affiliate agreements to avoid imposition of use tax collection responsibilities. More…
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Performance Marketing Alliance Fighting New York Amazon Tax
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