Results 1 to 4 of 4
  1. #1
    Analytics Dude Kevin's Avatar
    Join Date
    January 18th, 2005
    Location
    Rochester, NY
    Posts
    5,904
    Full Text of SB8638
    STATUS:
    S8638 RULES No Same as
    Tax Law
    TITLE....Repeals provisions of law relating to an evidentiary presumption to facilitate the administration of the sales and use tax

    06/19/08REFERRED TO RULES
    06/24/08ORDERED TO THIRD READING CAL.2231
    06/24/08PASSED SENATE
    06/24/08DELIVERED TO ASSEMBLY
    06/24/08referred to ways and means




    VOTING:

    06/24/08S8638 Senate Vote Aye: 44Nay: 18

    06/24/08 S8638 Senate Vote Aye: 44 Nay: 18

    Aye Adams Aye Alesi Aye Aubertine Aye Bonacic
    Aye Breslin Aye Bruno Nay Connor Aye DeFrancisco
    Nay Diaz Aye Dilan Nay Duane Aye Farley
    Aye Flanagan Aye Fuschillo Aye Golden Nay Gonzalez
    Aye Griffo Aye Hannon Nay Hassell-Thompson Nay Huntley
    Aye Johnson C Aye Johnson O Aye Klein Nay Krueger
    Aye Kruger Aye Lanza Aye Larkin Aye LaValle
    Aye Leibell Aye Libous Aye Little Aye Maltese
    Aye Marcellino Aye Maziarz Nay Montgomery Aye Morahan
    Aye Nozzolio Nay Onorato Nay Oppenheimer Aye Padavan
    Nay Parker Nay Perkins Aye Rath Aye Robach
    Nay Sabini Aye Saland Nay Sampson Nay Savino
    Nay Schneiderman Nay Serrano Aye Seward Aye Skelos
    Aye Smith Aye Stachowski Nay Stavisky Aye Stewart-Cousins
    Aye Thompson Aye Trunzo Aye Valesky Aye Volker
    Aye Winner Aye Young




    SUMMARY:

    RULES COM
    Rpld S1101 sub (b) P8 subP (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.



    BILL TEXT:


    STATE OF NEW YORK ________________________________________________________________________ 8638 IN SENATE 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 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17335-01-8


    SPONSORS MEMO:
    NEW YORK STATE SENATE
    INTRODUCER'S MEMORANDUM IN SUPPORT
    submitted in accordance with Senate Rule VI. Sec 1
    BILL NUMBER: S8638 SPONSOR: RULES

    TITLE OF BILL: An act to repeal subparagraph (vi) of paragraph 8 of subdivision (b) ofsection 1101 of the tax law relating to an evidentiary presumption tofacilitate the administration of the sales and use tax where a personmaking sales of taxable property or services in the state uses residentsin the state to solicit sales PURPOSE: Repeal the tax on internet providers who use New York based web sites toadvertise using a "click through" link to the retailers site in exchangefor a commission on sales that are completed.

    SUMMARY OF PROVISIONS: This bill would repeal subparagraph (vi) of paragraph 8 of subdivision(b) of section 1101 of the tax law (internet retailers sales tax nexusprovision).

    JUSTIFICATION: The sales tax nexus provision proposed in the SFY 2008-09 ExecutiveBudget and signed into law as part of the final budget was a way toforce out-of-state retailers to collect sales tax from sales made to NewYork residents. This was accomplished by creating nexus through theredefinition of sales person. The new definition of sales person includes a web site owner who is a New York resident on whose web site there is an advertising link to the retailers web site. If a customer uses the web site to "click through"to the retailer"s web site and a sales results, the web site ownerreceives a commission in return for the effective advertising. Some retailers call this an "affiliates program". As a result of this legislation at least one on-line retailer has simplydropped its affiliates program for those web sites that are based in NewYork. The result of this action is lost commissions for New York affil-iates while the on-line retailer is still not collecting sales tax fromNew York customers.

    LEGISLATIVE HISTORY: Provisions were enacted as part of the SFY 2008-09 budget.

    FISCAL IMPLICATIONS: Will save New York tax payers $50 million.

    EFFECTIVE DATE:Effective immediately.
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  2. #2
    Analytics Dude Kevin's Avatar
    Join Date
    January 18th, 2005
    Location
    Rochester, NY
    Posts
    5,904
    Did some formatting, and added some bold.
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  3. #3
    Analytics Dude Kevin's Avatar
    Join Date
    January 18th, 2005
    Location
    Rochester, NY
    Posts
    5,904
    FISCAL IMPLICATIONS: Will save New York tax payers $50 million.
    Is that an estimate of NY annual affiliate commissions?

    Curiously, it's the same $50 million they hoped to collect previously....
    Kevin Webster
    twitter: levelanalytics

    Kayak Fishing
    Web Analytics and Affiliate Marketing

  4. #4
    Member KirkMcD's Avatar
    Join Date
    July 18th, 2006
    Posts
    92
    Quote Originally Posted by Kevin
    Is that an estimate of NY annual affiliate commissions?

    No, that is the amount of sales/use tax that NY taxpayers won't be paying.

  5. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. Am I allowed to change the anchor text of text links?
    By dumindu89 in forum Google Affiliate Network - GAN
    Replies: 3
    Last Post: January 8th, 2013, 07:42 PM
  2. alt text for text and search engines
    By Lurker Jones in forum Midnight Cafe'
    Replies: 9
    Last Post: September 6th, 2005, 09:47 AM
  3. Help With Full Text Search
    By Doug247 in forum Programming / Datafeeds / Tools
    Replies: 6
    Last Post: March 25th, 2005, 11:10 PM
  4. Better to have graphic and text links or just text?
    By Radegast in forum Search Engine Optimization
    Replies: 4
    Last Post: April 22nd, 2003, 04:37 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •