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Poll: Amazon to Charge Va. Sales Tax

Amazon.com will begin collecting and paying Virginia state sales tax next year under an agreement announced by Gov. Bob McDonnell.

 

By Christine Stoddard and Daniel Lombardo
Capital News Service

Bid farewell to tax-free buys from the world’s most popular online store.

Amazon.com, the Seattle-based e-tailer of books and other products, next year will begin collecting and paying Virginia state sales tax under an agreement announced by Gov. Bob McDonnell.

McDonnell made the announcement as the General Assembly gave final approval to Senate Bill 597, which expands on an existing state law requiring online businesses with facilities in Virginia to pay the state’s 5 percent sales tax.

“This bill helps to ensure that online retailers with a physical presence in Virginia are treated the same as traditional brick-and-mortar retailers who are already required to collect and remit existing sales taxes on goods sold in the commonwealth,” the governor said.

McDonnell said his office, legislators, Amazon and traditional retailers had reached an agreement on the legislation. Amazon has pledged to collect sales tax on goods bought by Virginians beginning Sept. 1, 2013. The effective date could move to Jan. 1, 2014, if Congress adopts federal legislation governing sales tax collections by online businesses.

Sen. Frank Wagner, the sponsor of SB 597, said Virginia can expect to gain at least $23 million in tax revenues from Amazon in 2013 alone.

“As Black Friday and Cyber Monday have shown in recent years, the Internet retail sector is a fully developed and thriving member of the community of retail merchants,” Wagner said. “I’m glad to have sponsored this legislation that provides a level playing field for both brick-and-mortar retailers as well as those on the Internet.”

Rob Shinn of the Virginia Alliance for Main Street Fairness, which represents hundreds of retailers, called the agreement “a significant step toward tax fairness for the retail community by ensuring the same rules apply to all retailers doing business in Virginia.”

Traditional stores maintained that Amazon should have been paying sales taxes all along.

A press release from Virginia Retail Merchants Association stated, “State law requires that online retailers with a physical presence in the commonwealth collect sales tax on purchases from individuals with a Virginia address, but Amazon has been using a loophole to avoid those taxes.”

Amazon runs a warehouse in Sterling, VA and a data center at an undisclosed site in Virginia. But the company got around the state law by creating a separate subsidiary to handle distribution – and the Virginia Department of Taxation ruled in 2007 that Amazon was not required to collect and remit sale taxes.

When e-tailers don’t collect sales tax, state law requires Virginia purchasers to include the tax in their state income tax return. But most people don’t, officials say.

The Virginia retail industry has been lobbying the state government to require Amazon to collect sales tax. The issue came to a head after Amazon announced plans to open distribution centers in Chesterfield and Dinwiddie counties in late 2012. The centers, which would employ a total of 1,350 people, represent a combined investment of $135 million.

The eastern Chesterfield center will measure 1 million square feet and be located at Meadowville Technology Park. The Dinwiddie center will be located at Dinwiddie Commerce Park.

The state offered Amazon incentives to locate the distribution facilities in Virginia. The Governor’s Opportunity Fund will provide $3.5 million for the centers, while the Virginia Tobacco Indemnification and Community Revitalization Commission will contribute $850,000.

Traditional retailers groused about the deal because of Amazon’s refusal to collect sales tax.

“They’ve gone to great lengths to avoid it; this is kind of part of their business model,” said Laurie Aldrich, president of the Virginia Retail Merchants Association.

“Every time they went to open up a distribution center or a warehouse, they tried to set up their corporation where they could avoid collecting the tax. In 2007 in Virginia, they went and asked if they would be required to collect a tax if they set up their corporate structure a certain way.”

As a result, Virginians have been avoiding sales tax – and essentially getting a 5 percent discount – by buying products from Amazon instead of from a brick-and-mortar retailer.

“Retailers are not afraid of competition. They all want to be playing by the same rules,” Aldrich said. “It was really just an unfair advantage.”

After McDonnell announced the agreement on SB 597, the bill was approved 95-2 by the House of Delegates and 37-3 by the Senate. The legislation now goes to the governor to be signed into law.

Amazon says it supports the bill.

“Amazon is very grateful to Gov. McDonnell for his focus on Virginia jobs and for his efforts to work with other governors toward national resolution of the sales tax issue this year,” Paul Misener, the company’s vice president of global policy, said in a statement.

States in which Amazon currently collects state sales tax: Washington, Kentucky, North Dakota, Kansas and New York.

It's too soon to tell whether the change will affect how local shoppers use Amazon. For some, the benefits of shopping online from the comfort of home outweighs the tax.

"I may comparison shop a bit more," Tess Ailshire posted to Huntington-Belle Haven Patch's Facebook page, "but what I save in aggravation by not having to go to a store will probably still make it worth it to me."

Patch Editor Brian Krebs contributed to this story.

  • Will you continue to use Amazon?

    (Voting has been closed for this question)
    • Yes
        39 (72%)
    • No
        10 (18%)
    • Other (tell us in the comments)
        5 (9%)
    Total votes: 54
  • Your vote will only count once. This is not a scientific poll. View Results Vote!
Related Topics: Amazon, Amazon.com, and Bob McDonnell

T Ailshire

6:15 pm on Friday, March 9, 2012

September 1, 2013 is "soon"? Anything I can buy before that date, though, I will.

Reply

marina hoffman

9:41 am on Saturday, March 10, 2012

I see Early Holiday Shopping in my future......

Reply

Bill Sams

11:41 am on Saturday, March 10, 2012

We all appreciate the convenience of online retailing, especially from the giants like Amazon. Few stop to think about the number of jobs that are removed from the *local* economy because of online sales. While they benefit the local UPS and FedEx businesses, unless you're in an area that hosts one of the gigantic distribution centers the jobs are gone from the state. Think about buying local when you can.

More to the topic of this article, it would be smart move for the National Governors Association to consider encouraging states to agree upon a uniform online retail sales tax of, say 3-4%. States with existing sales tax lose an incredible amount of revenue due to online sales to residents in their states who pay zero sales tax on purchases. Only five U.S. states charge no sales tax. All of the others charge 4% or more (except Colorado at 2.9%).

Having a uniform, and lower (e.g., 3-4%), online sales tax across all states would allow there to be some continued tax savings to online retailing but would enable states to recapture some of the sales tax revenue they're currently missing. It would also remove a lot of the complexity in the existing system. Something like this might also benefit in-state online retailers since they must currently collect sales tax from same-state residents. It would level the playing field a bit.

While writing a one-off law for the largest online retailer helps, it should be addressed holistically and nationwide.

Reply
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T Ailshire

4:49 pm on Saturday, March 10, 2012

Fortunately, the National Governors Association has no power, and governors don't write law.

Frankly, I'd prefer to get government out of it all together. Remember that until the early 70s, very very few states had sales taxes. But to get elected, politicians have to keep promising to "give" the electorate more, thus we citizens have to keep paying the graft.

Ecomom

1:08 pm on Saturday, March 10, 2012

Leveling the playing field is only right. I am pleasantly surprised, however, that the VA GOP put fairness ahead of politics by implementing this tax on Amazon and it"s customers. I wonder if the national GOP will follow suit?

Reply

Dan Rinzel

12:02 pm on Sunday, March 11, 2012

Amazon has put our local businesses at a big disadvantage by refusing to collect sales taxes that local businesses must collect. This is not a tax increase because the tax was already due, but not collected.

Reply

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