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  1. #1
    Analytics Dude Kevin's Avatar
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    New York Legislature Working to Repeal New Tax Law
    CONFIRMED. Now we need help from the Assembly.

    Reported in a couple of locations, with one very credible source (being the National Retail Foundation.)

    NY Senate MAY have voted to repeal the Amazon tax this week.

    I will keep you posted.
    Last edited by Kevin; July 16th, 2008 at 10:54 AM.
    Kevin Webster
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  2. #2
    Outsourced Program Manager Brent E.'s Avatar
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    I woke up 30 seconds ago. I hope Im not still dreaming. Looking forward to hearing more about this.
    Brent Elias
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    "God Grant That Men Of Principle, Shall Be Our Principle Men" - Thomas Jefferson

  3. #3
    Troll Killer and best Snooper!
    I decide when the pigs fly!
    Rhea's Avatar
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    Fingers crossed that it's true. I will phone Joe Bruno's office this morning to see if I can find anything out.

  4. #4
    Analytics Dude Kevin's Avatar
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    Also, Bruno is quitting Friday
    Kevin Webster
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  5. #5
    Troll Killer and best Snooper!
    I decide when the pigs fly!
    Rhea's Avatar
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    Gosh, and I haven't bought him his retirement gift yet. I gotta get busy on that.

  6. #6
    Analytics Dude Kevin's Avatar
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    Buy it from Amazon, just for grins.
    Kevin Webster
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  7. #7
    Troll Killer and best Snooper!
    I decide when the pigs fly!
    Rhea's Avatar
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    How's this for a lovely parting gift?

    http://www.amazon.com/Statements-Fin.../dp/0470185449

  8. #8
    Analytics Dude Kevin's Avatar
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    I like the notion, but you might want to buy him a thinner book. With larger font and shorter words.
    Kevin Webster
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  9. #9
    Analytics Dude Kevin's Avatar
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    By the way, my State Senator's local office opens at 9 today. I'll be on the phone.
    Kevin Webster
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  10. #10
    Troll Killer and best Snooper!
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    Rhea's Avatar
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    I'm going to phone John McLaughlin at WTEN later this morning. He's the political reporter there. Nothing on their web site about this.

    Nothing on the NYS legislation web site (hasn't been updated since 7/2).

    http://assembly.state.ny.us/

  11. #11
    Advocate mellie's Avatar
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    I am not really optimistic. As far as I can tell, Senate voted on Bill S8638 June 24 & passed, sent it to Assembly who sent it to ways & means on 24. The latest memo from NYS was on June 30.

    Bill link http://www.assembly.state.ny.us/leg/?bn=S8638
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  12. #12
    Analytics Dude Kevin's Avatar
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    That bill doesn't appear in the database either. NY is terrible at updating web data.
    Kevin Webster
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  13. #13
    Advocate mellie's Avatar
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    I added link while you were posting here it is again http://www.assembly.state.ny.us/leg/?bn=S8638
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  14. #14
    Analytics Dude Kevin's Avatar
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    Here's the link we were looking at:

    http://www.nrf.com/modules.php?name=...d=25&mn_type=2

    Any members here that can quote that article in part?
    Kevin Webster
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  15. #15
    Affiliate Network Rep Kim Salvino's Avatar
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    I am anxiously awaiting any and all updates on this and forwarding everything I find to our CFO, who then forwards it to our Legal...

    I don't want to get too excited, but this seems to be good stuff.
    Kim Salvino, Client Services Director, Performance Horizon Group
    Reach me at kim.salvino(at)performancehorizon.com or on (443) 617-4036

  16. #16
    Analytics Dude Kevin's Avatar
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    I talked to the Governement Relations department at the DMA this morning. They are looking into it.
    Kevin Webster
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  17. #17
    Analytics Dude Kevin's Avatar
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    Per Senator Alesi's office, there is currently no matching bill in the NYS assembly at the moment, and the latest recorded action is the vote Mellie recorded above.

    Waiting to hear back from Susan John's office, who is in the Assembly.
    Kevin Webster
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  18. #18
    Troll Killer and best Snooper!
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    Rhea's Avatar
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    I just got off the phone with WTEN. McLaughlin is in a morning staff meeting but I did speak to a staffer who said he would pass the info along. Hopefully I'll hear back later today.

  19. #19
    Analytics Dude Kevin's Avatar
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    Just got off the horn with Assemblywoman Susan John's office, and they were fantastic. I expect more info from them later this week on the possible "rumored" repeal as well as:

    1.) Whether ANY similar (there is no matching bill) legislation is in front of the assembly.
    2.) They are calling Ways and Means to figure out likelihood of it being introduced*
    3.) Whether or not a repeal vote is scheduled for a special Senate session in late July, or if in fact it has already occured.

    So at the end of the day (with the assembly currently on break til 2009, and Senate on break except for one issue until late July, the big point to make is: This ain't law yet.

    * This was introduced by "Rules", meaning no Senators were willing to stick their name on it. I was told in these cases, it's unlikely to pass the assembly.

    I think the lesson I learned today is how to ask the right questions. Prior to this Senate activity (the tax act I mean), I've never had a real reason to engage a local politician. Outcome aside, the experience has been very pleasant.

    I look forward to hearing more form Susan John's office. They are aware of our meeting on July 28th, and of the negative impact this legislation has had on the affiliate on online retail industries.
    Kevin Webster
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  20. #20
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Found it!
    S T A T E O F N E W Y O R K
    ________________________________________________________________________

    8638

    I N S E N A T E

    June 19, 2008
    ___________

    Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
    when printed to be committed to the Committee on Rules

    AN ACT to repeal subparagraph (vi) of paragraph 8 of subdivision (b) of
    section 1101 of the tax law relating to an evidentiary presumption to
    facilitate the administration of the sales and use tax where a person
    making sales of taxable property or services in the state uses resi-
    dents in the state to solicit sales

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
    BLY, DO ENACT AS FOLLOWS:

    1 Section 1. Subparagraph (vi) of paragraph 8 of subdivision (b) of
    2 section 1101 of the tax law is REPEALED.
    3 S 2. This act shall take effect immediately.


    Source: http://www.assembly.state.ny.us/leg/?bn=S08638&sh=t

    Bill Summary - S08638 Back | New York State Bill Search | Assembly Home See Bill Text

    S08638 Summary:

    BILL NO S08638

    SAME AS No same as

    SPONSOR

    COSPNSR

    MLTSPNSR

    Rpld S1101 sub (b) 8 sub (vi), Tax L

    Repeals provisions of law relating to an evidentiary presumption to facilitate the administration of the sales and use tax where a person making sales of taxable property or services in the state uses residents in the state to solicit sales.

    S08638 Actions:


    BILL NO S08638

    06/19/2008 REFERRED TO RULES
    06/24/2008 ORDERED TO THIRD READING CAL.2231
    06/24/2008 PASSED SENATE
    06/24/2008 DELIVERED TO ASSEMBLY
    06/24/2008 referred to ways and means

    S08638 Votes:

    S08638 Memo:
    Source: http://www.assembly.state.ny.us/leg/?bn=S08638

    (Red and bold Added by me)
    Last edited by Haiko de Poel, Jr.; July 16th, 2008 at 09:57 AM. Reason: Edited Thread Tile
    Continued Success,

    Haiko
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  21. #21
    Analytics Dude Kevin's Avatar
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    I'm looking into that H. The word repeal does exist there, but it appears to be the repealing of a previous tax code section, which I'm trying to dig up.

    At present, it appears the NRF headline was VERY misleading. However, I think some good news has come of it.
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  22. #22
    ShareASale President/CEO and ABW Veteran Brian - ShareASale's Avatar
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    According to the bill that is removing paragraph vi of subsection b of paragraph 8 etc... that is this paragraph:

    (vi) For purposes of subclause (I) of clause (C) of subparagraph (i)
    of this paragraph, a person making sales of tangible personal property


    or services taxable under this article ("seller") shall be presumed to
    be soliciting business through an independent contractor or other
    representative if the seller enters into an agreement with a resident of
    this state under which the resident, for a commission or other
    consideration, directly or indirectly refers potential customers,
    whether by a link on an internet website or otherwise, to the seller, if
    the cumulative gross receipts from sales by the seller to customers in
    the state who are referred to the seller by all residents with this type
    of an agreement with the seller is in excess of ten thousand dollars
    during the preceding four quarterly periods ending on the last day of
    February, May, August, and November. This presumption may be rebutted by
    proof that the resident with whom the seller has an agreement did not
    engage in any solicitation in the state on behalf of the seller that
    would satisfy the nexus requirement of the United States constitution
    during the four quarterly periods in question. Nothing in this
    subparagraph shall be construed to narrow the scope of the terms
    independent contractor or other representative for purposes of subclause
    Thanks,

    Brian Littleton
    President/CEO - ShareASale.com, Inc.

  23. #23
    Analytics Dude Kevin's Avatar
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    And Brian dug it up. Thank you, Brian. I was having a terrible on Google with that.
    Kevin Webster
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  24. #24
    Outsourced Program Manager Jorge - SHOPiMAR's Avatar
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    3 S 2. This act shall take effect immediately.
    So does that mean no tax should be charged as of the 19th?

  25. #25
    Troll Killer and best Snooper!
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    Rhea's Avatar
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    This is impossibly confusing. I wish I could read the NRF text but it would seem that their headline is misleading. Perhaps someone who's a member of NRF could ask if a representative could come talk to us about this matter.

    I spoke with Joe Bruno's legislative assistant. He said that the legislature is not currently in session and the senators are not likely to be recalled until this fall except to vote on property tax relief legislation. He said that if anything does happen regarding S8638 it will probably not happen until early next year.

    He also said that this bill, while passed in the senate, has not been passed by the state assembly and in fact does not have a sponsor in the state assembly. That could be good news.

    And biggest surprise (to me) of all was finding out that Rudy Giuliani is a strong supporter of repealing this legislation. Go Rudy!!!
    Last edited by Rhea; July 16th, 2008 at 10:36 AM. Reason: Apparently I can type faster than my brain can process.

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