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  1. #1
    Member NiftyGaloot's Avatar
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    MN House and Senate Tax bills...
    The last draft of the Senate Omnibus tax bill, that I've found has the Amazon tax wording, beginning on line 54.18.

    I also see it in the House Omnibus tax bill beginning on line 176.1.

    The bills now go before a Conference Committee.

    Kent

  2. #2
    Full Member Tech Evangelist's Avatar
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    54.18 Subd. 4a. Solicitor. (a) "Solicitor," for purposes of subdivision 1, paragraph (a),
    54.19 means a person, whether an independent contractor or other representative, who directly
    54.20 or indirectly solicits business for the retailer.
    54.21 (b) A retailer is presumed to have a solicitor in this state if it enters into an agreement
    54.22 with a resident under which the resident, for a commission or other consideration, directly
    54.23 or indirectly refers potential customers, whether by a link on an Internet Web site, or
    54.24 otherwise, to the seller. This paragraph only applies if the total gross receipts from
    54.25 sales to customers located in the state who were referred to the retailer by all residents
    54.26 with this type of agreement with the retailer is at least $10,000 in the 12-month period
    54.27 ending on the last day of the most recent calendar quarter before the calendar quarter in
    54.28 which the sale is made.
    54.29 (c) The presumption under paragraph (b) may be rebutted by proof that the resident
    54.30 with whom the seller has an agreement did not engage in any solicitation in the state
    54.31 on behalf of the retailer that would satisfy the nexus requirement of the United States
    54.32 Constitution during the 12-month period in question. Nothing in this section shall be
    54.33 construed to narrow the scope of the terms affiliate, agent, salesperson, canvasser, or other
    54.34 representative for purposes of subdivision 1, paragraph (a).
    55.1 (d) For purposes of this paragraph, "resident" includes an individual who is a
    55.2 resident of this state, as defined in section 290.01, or a business that owns tangible
    55.3 personal property located in this state or has one or more employees providing services
    55.4 for it in this state.
    55.5 EFFECTIVE DATE.This section is effective for sales and purchases made after
    55.6 June 30, 2009.

    It doesn't surprise me. I lived in Minnesota for 25 years. Minnesota is another liberal state that is also one of the highest taxed states in the country.

    Notice that the "independent contractor" reference is used. That is the issue with nexus. An independent contractor has never been used to define nexus. In the past, you have to be an employee to create nexus.

    I suspect that numerous states are drafting similar legislation, just in case Amazon loses their case with New York.
    There's good, fast and cheap. Pick any two.
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  3. #3
    Moderator bibby's Avatar
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    I live in this ridiculous state. My wife and I are considering a move out because:
    1)Among the highest taxes in the nation
    2)Extremely high cost of living
    3)2nd highest daycare costs in the nation

    The funny thing is that MN's are willing to pay this extortion b/c they think they have the best education and healthcare.

    I've had a few friends move east and they laugh. Their healthcare is much better and their education is through the roof. They told me that their children needed tutoring b/c MNs standards in education weren't as high. Their children had gone to one of the highest rated schools in Minnesota.

  4. #4
    Moderator bibby's Avatar
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    BTW, probably too late but I spoke with Rep. Steve Simon who's a family friend and the assistant majority leader in the MN House of Reps. I told him what this bill would do to affiliates (Small time business owners) in this state and that in the end, retailers would drop us like flies. i said we would be out of business. I also told him, contrary to what the authors of the bill think, many of us are small time business people. I told him in my case, I want to pay for my daughter’s daycare and my mortgage. I think the taxes should come out of my income taxes and not a Sales Tax that retailers need to collect.

    He said he was going to read the language of the bill and see what he could do. It's probably too late though.

  5. #5
    Full Member Tech Evangelist's Avatar
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    Tax hungry politicians are looking for any way to squeeze more money out of everyone.

    I find it curious that these guys are looking for any way they can find to circumvent the tax nexus issue, which was already decided by the US Supreme Court in Quill Corp. v. North Dakota.

    If Amazon wins their case, most of this garbage will get shot down in court, but someone will have for file a law suit in each state to repeal this crap wherever they have enacted tax laws like this.
    There's good, fast and cheap. Pick any two.
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  6. #6
    Member NiftyGaloot's Avatar
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    The MN House and Senate Omnibus tax bills go before a conference committee today, April 30.

    They are the last item on today's schedule, at 7 PM. The room has yet, to be announced.

    The latest version, I've seen, is the 3rd Engrossment .

    The language still shows up on line 176.26...

    Kent

  7. #7
    Member NiftyGaloot's Avatar
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    The Conference committee meets again today (May 1) at 2 PM in Room: 15 Capitol, to continue going over the Omnibus tax bills.

    A Live Webcast of the conference committee on HF2323 is on today's schedule .

    Kent

  8. #8
    Advocate mellie's Avatar
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    Another session scheduled for today - May 4- to iron out the differences in the bills. (House passed their version, they sent it to Senate who replaced text with their own version passed it sent it back to House who refused the changes)
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  9. #9
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    Welcome to the site, thank you for supporting the site. It's people like you who read and try things yourself that make our lives a bit easier. Thank you
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  10. #10
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    Update
    Has anything been decided on this yet?

  11. #11
    Advocate mellie's Avatar
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    Quote Originally Posted by vbariss View Post
    Has anything been decided on this yet?

    This thread was from last year.

    In case you haven't found anything current, during the 2009 session, the Governor decided to nix almost everything the legislators did and the Internet tax bill was not put into effect.

    Keep an eye on the upcoming session (2010-2011)
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  12. #12
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    Smile Internet Tax Bills
    Does anyone have any updated information on these internet tax bills, both state of Minnesota and the Federal Government?

  13. #13
    Full Member Tech Evangelist's Avatar
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    Minnesota affiliates are doomed. You guys just elected a governor who will never defend taxpayers or affiliates. He is a classic tax and spender, so I would not be surprised if the bills that former Governor Palwenty vetoed are revived.
    There's good, fast and cheap. Pick any two.
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  14. #14
    Moderator bibby's Avatar
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    Are you kidding me! Do you know that the MN House and Senate both received a Republican Majority at teh mid-term elections?

  15. #15
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    Well, guys just to let you know I sure didn't vote for him.

  16. #16
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    2011 Minnesota Legislative Session
    I don't know anything about what's on the agenda for the 2011 agenda and whether there are folks in St. Paul we should be talking to right now to avoid an affiliate tax. Anyone know? Connie?

  17. #17
    ABW Ambassador flamingoworld's Avatar
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    Carrie, I am keeping a close eye on things and will contact you if I hear anything. I was hoping Emmer would win because he was against this tax issue, I am still trying to figure out Dayton. I think if the bill comes up again he won't veto it like Pawlenty. I am currently gathering info from other states that already passed a similar bill with stats on how they haven't gained revenue and hurt small business owners like us. I think your status as a local "celebrity" with television station connections could certainly help us spread the word if the time comes, you could talk to some of the station people to alert them to the story and get the word out on the negatives of the tax bill.

  18. #18
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    Connie - One other thing I could do, if needed, is get people who have benefited from my website (like the gal who told me she can now buy her Lupus medicine because of the money she saves and the gal who said she saved enough in 7 weeks to afford a month of daycare) and get them to try and personalize what would happen if my website went away. Keep me posted here or via email. I want to help early and often and am happy to rally troops to call and write legislators to try and avoid this escalating this session. That said, my Rep is speaker of the house, so maybe I should reach out to him about this before it even is an issue.

  19. #19
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    Internet Tax Bills
    I will be happy to call, write or email our representatives should they decide to
    go forward with any legislation. I think it's also a great idea to give them a
    heads up should any bill come round for discussion. Forewarned is Forearmed...

  20. #20
    Moderator bibby's Avatar
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    Quote Originally Posted by flamingoworld View Post
    Carrie, I am keeping a close eye on things and will contact you if I hear anything. I was hoping Emmer would win because he was against this tax issue, I am still trying to figure out Dayton. I think if the bill comes up again he won't veto it like Pawlenty. I am currently gathering info from other states that already passed a similar bill with stats on how they haven't gained revenue and hurt small business owners like us. I think your status as a local "celebrity" with television station connections could certainly help us spread the word if the time comes, you could talk to some of the station people to alert them to the story and get the word out on the negatives of the tax bill.
    From what I know, the Republicans are against increasing taxes of any kind, like Pawlenty. The Reps control the House and Senate (Dems did prior to election), so it's unlikely they will write a tax increase bill.

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