Senators from California approve the Web sales tax compromise

The senate if states now endorses compromise bill that would lead to a temporary pause in California’s effort, requiring online retailers to collect web taxes.

Senators dispatched the measure to the Assembly for a concluding vote as one of the final, crucial bills, which remains in the final hours of this year’s recurring legislative session.

The negotiations between lawmakers, Amazon.com and traditional retailers intended to delay the expanded online tax collections until at the September 2012.  The decree would give Amazon, and other retailers’ time to press Congress for national rules prevailing online sales taxes.

AB155  would get rid of a likely $200 million in tax revenue the state had been  counting on this financial year, whilst ending the threat of a costly fight over an Amazon-sponsored 2012 ballot referendum to revoke the tax change.

Senate President Pro Tem Darrell Steinberg, D-Sacramento says the retailers and Amazon now forced to switch back to Washington, D.C., together to lobby for national legislation making sure that all Internet sellers collect the taxes.

He said the agreement provides the state with future revenues even if there are no collections made until fall.

The Senate forwarded the bill to the Assembly on a bipartisan 36-1 vote.

Sen. Loni Hancock, D-Berkeley says this is an immense, positive step forward, since the country is in a state where we can operate in a marketplace wherein every company that sells to Californians plays by similar rules.  This must have been the best solution that is going to prevent an unnecessary referendum that would loss the taxpayers millions of dollars.

The argument over whether collecting taxes from online retailers is a must for customers in the states concerns billions of dollars nationwide.

A 1992 U.S. Supreme Court decision, that involves a mail-order company ascertained that retailers only have to gather state tax if they have a physical existence in the state, namely a retail store.   Those customers who buy from out-of-state retailers must pay the sales and use tax directly to their home state, but only a few people do it.

As Amazon and other online retailers partake in the larger share of the market, traditional retailers disputed that the tax rules deceitfully cut into their business in giving online sellers a value advantage. State and local governments also believe that the outdated law is unlawful, as it never foreseen a retail store in every Web browser, and cost them tax revenue.

This year, California had joined a growing wave of states, trying to heighten the tax collections by expanding the definition of “physical presence” in the state, which includes marketing affiliates.  Marketing affiliates are responsible for steering online customers to the retail site, and other companies such as Amazon’s Silicon Valley subsidiary, which developed the Kindle electronic book reader.