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Unexpected non-result
By Scott Bradner
The federal Advisory
Commission on Electronic Commerce seems to have been an epiphany free zone. The
problem of deciding how to, or how not to, apply taxes to Internet-based
commerce now moves to Congress, an organization well known for its ability to
think logically.
The commission, set up
in the 1998 Internet Tax Freedom Act, has been meeting for the last year on the
subject of taxation of Internet-related commerce. They had their final public
meeting in mid March and in the end was not able to agree to make specific
recommendations to Congress on taxing Internet commerce. Their final report is
not due until April and they will try again to reach some agreement before than
but the discord shown in their final meeting was impressive. I did not expect
deep thinking on the part of this group but I will admit to being a bit
surprised that the commission did not figure out some way to recommend that
some form of sales taxes apply to Internet transactions. It is rare indeed that
a government commission with the type of mandate and makeup that this one had
do not wind up deciding that taxes are a Good Thing. It just might be that the
topic coming up in the presidential campaign made the topic too hot to think
carefully about.
According to news
reports the commission does seem ready to make some recommendations, not quite
the innovative solutions that many people hoped but at least something. It
looks like they will recommend extending the current moratorium on new Internet
taxes another 5 years. Congress could, of course, prematurely terminate any
such a moratorium whenever they wanted to. The commission in a timely move may
also recommend that Congress repeal the 3% telephone-excise tax that was
instituted in 1898 to help pay for the Spanish-American War. Finally the
commission is ready to bite the bullet and encourage state and local
governments to start to think about rethinking their Byzantine tax codes to set
the stage for a single universal tax rate.
I still think its only a
matter of time before Congress will figure out a way to tax Internet sales and,
at the same time, force the catalogue sales people to collect taxes for all
their sales rather than only where the company has a "substantial physical
presence," as the Supreme Court put it a few years ago. I find it
impossible to imagine that state and local governments will easily stand by and
watch the erosion of a revenue stream that provides for as much as half their
income or that brick and mortar stores will continue to tolerate what they see
as unfair competition from e-tailers where customers don't have to pay taxes.
It should be fun, in a
morbid sense, to watch Congress work on this issue in an election year.
disclaimer: Harvard has
its own school for morbid stuff and the above idea of fun is my own.