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  1. #1
    ABW Ambassador CathyM's Avatar
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    Push for Amazon Tax May Re-emerge in January
    Published in the Sacramento Bee, Daily Breeze:

    http://www.sacbee.com/140/story/2154362.html

    AB 178 has a two-year life, which means Skinner is eligible to push for it again in January, Russo said.

    "The state still needs the money," he said.
    Frank Russo is Nancy Skinner's chief of staff.

    The fight is not over.

  2. #2
    Newbie
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    Oh this is gonna be fun.

  3. #3
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    AB178 Now Set for Hearing January 11
    FYI: I received a status-update email from the California Legislature's free service, advising that the status changed yesterday.

    California's "advertising-nexus tax law" bill (AB 178) is now scheduled for hearing on January 11, before the Assemby Revenue & Taxation Committee.

    http://www.leginfo.ca.gov/cgi-bin/po...b_178&sess=CUR
    (click on "status" link)

  4. #4
    Life is Supposed to be Fun! Rexanne's Avatar
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    I SO don't want to go through this again. *sigh*
    Peace,

    Rexanne

    Rexanne.com
    Loving Everyone's Child Creates Magic


  5. #5
    Analytics Dude Kevin's Avatar
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    Good luck guys. Let me know if you need anything.
    Kevin Webster
    twitter: levelanalytics

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  6. #6
    Advocate mellie's Avatar
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    I posted to the Affiliate Advocacy blog yesterday about this and other states. They are all gearing up; either setting dates or researching. States with current modern nexus laws are also being consulted.

    If you are an affiliate prepare your business. Every affiliate is vulnerable. Remember impact is felt even when legislation is only pending.
    Melanie
    President - Affiliate Advocacy 2008 ShareaSale Performance Industry Advocate Award, 2009 Affiliate Summit Pinnacle Award - Affiliate Advocate
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  7. #7
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    (bump)

    California affiliates, and merchants who don't currently charge California sales tax, take note:

    There's a hearing scheduled to consider AB178, in the California Assembly Committee on Revenue & Taxation, on January 11.

    If the bill is enacted, I'll lose all hope of earning a living from affiliate marketing, unless I move out of California. (As in North Carolina and Rhode Island, this law wouldn't significantly increase California's sales tax collections, but instead would eliminate the advertising income of thousands of California web publishers like me.)

    I still oppose the bill. I'll oppose any amended version that fabricates "nexus" from mere advertising activity, in direct contradiction to constitutional precedent.

    But I can't allocate more time to this ludicrous misadventure. I won't attend the hearing, nor do I expect to allocate any time to writing new letters or emails, or making new phone calls to legislators' offices.

  8. #8
    Speechless OTProf's Avatar
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    Ugh... we were considering moving back to CA in 2010 (Portland is more gray and drizzly than my 'worst case' anticipation...) but that could be wind up being like spitting in the wind.

  9. #9
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    According to some tweets, Skinner has reportedly said she will not be pushing AB178 and will drop the issue for 2010.

    Maybe I'm a dunce, but I can never figure out how to link to individual tweets.
    So here are the streams I read it in and the dates.

    @kerripollard GM of CJ - Dec 16th
    "Word from Assemblymember Skinner's office is that she will be dropping AB178 and has no plans to re-introduce during 2010."

    @TheDavidLewis Dec 16th

    "Assm Skinner is dropping California AB178 for 2010. We'll see you again in 2011."

    This is great news for CA affiliates if it's true.

    Anyone have any additional information?

  10. #10
    ABW Ambassador affninja's Avatar
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    That is very encouraging news, even if it just a couple of tweets. Ms. Pollard has been a terrific affiliate advocate here in CA during this battle.
    Your Ad Here.

  11. #11
    ABW Ambassador CathyM's Avatar
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    Sure hope it's true! Sounds like very good news.

  12. #12
    Member RebeccaMadiganPMA's Avatar
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    Yes, it is true. California will not be considering the advertising tax in 2010. To note, Ms. Skinner is in Copenhagen right now, so she's very involved in environmental issues. I'm guessing that will keep her busy for a while.

  13. #13
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    Great news! Thanks for confirming Rebecca!

  14. #14
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    I just received an automated "bill status update" email from the California legislature's server, regarding AB178. When I checked the status, the reference to a January 11 hearing is now removed.

    Remember that even if this bill doesn't move forward, the same language can be added to another bill at any time (as happened last year).

  15. #15
    Member RebeccaMadiganPMA's Avatar
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    Mark,
    We talked directly to Skinner, the sponsor of the bill. She's not pursuing it any longer, and the governor threatened to veto last year's budget bill if it was in there. So our bet is that California won't be pursuing the advertising tax this year. Of course, there's always next year so we'll keep monitoring it.

    An article was (re) published on bizjournals.com on Jan 1, talking about the threat in California. But that was a reprint of an article from several months ago. The internet makes things easy to keep showing up like bad pennies. ;-)

  16. #16
    Affiliate Manager
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    That's wonderful to hear.
    [COLOR="Green"][SIZE="2"]Partner with VerticalResponse and earn up to $125 per sale! [URL="http://bit.ly/itF4W2"][U]Apply Now[/U][/URL].[/SIZE][/COLOR]

  17. #17
    ABW Ambassador affninja's Avatar
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    Is it true that the advertising tax has been reintroduced in the CA legislature?
    Your Ad Here.

  18. #18
    Outsourced Program Manager kgarcia's Avatar
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    Unfortunately, yes, it has been reintroduced. We don't yet have a bill number, but expect to know that within an hour or two. It's supposed to be discussed in committee this morning at the Capitol as soon as the Senate Floor session adjourns.

    We just got word of this late yesterday afternoon (joy) and as soon as I can get you more information, I'll post.
    Karen Garcia
    [URL=http://lab6media.com]Lab6 Media[/URL]
    Are you a content creator? A serial entrepreneur? New to the space or a long time player? We'd love to work with you!
    [URL=http://lab6media.com/clients/]Explore the affiliate programs we manage![/URL]

  19. #19
    Affiliate Marketing Consultant Linda - 5starAffiliatePrograms's Avatar
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    (Sigh) per karengarcia and LisaP on Twitter: "budget package that includes nexus in CA passed in committee and will be headed to the full senate floor" It already passed this phase before we could even try to get involved to fight it???

    Karen also tweeted: "we don't have actual language or a bill number yet, but as soon as we know, I'll pass the word"

    So, like Virginia we find out about it too late to do anything? I don't know anything about how the politics work, but are they purposely trying to slip the nexus language in at the last minute, so we don't have time to organize and rally against these bills?

    Sure hope Governor Schwarzenegger is still on our side on this bill and covers our backs!

    All of a sudden, the past couple days there is so much new activity in different states. This is getting pretty scary!

    For those that may not know, in addition to this forum, Affiliate Advocacy and the PMA - one of the best ways to stay on top of the latest minute by minute tax information is via 2 hashtags on Twitter. #advertisingtax and #noadtax (Some use one hash tag, some use the other and some use both. I wish we could consolidate and use just one.)

  20. #20
    ABW Ambassador delsol's Avatar
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    Quote Originally Posted by Linda - 5starAffiliatePrograms
    ...
    So, like Virginia we find out about it too late to do anything? I don't know anything about how the politics work, but are they purposely trying to slip the nexus language in at the last minute, so we don't have time to organize and rally against these bills?
    It appears to be the case. Nearly all US states are facing historical unprecedented budget gaps. So these politicians are running like chickens without head. Lets remember their names during the next elections (and maybe even donate to their opponents).

    Good luck!

  21. #21
    Speechless OTProf's Avatar
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    Quote Originally Posted by Linda - 5starAffiliatePrograms
    (Sigh) per karengarcia and LisaP on Twitter: "budget package that includes nexus in CA passed in committee and will be headed to the full senate floor"
    I am in shock that this has reappeared so quickly and sneakily. Big Ugh.

  22. #22
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    Is Amazon actively trying to contact the legislators/Governor this time too and trying to ward this off?

    In a perverse way, Amazon and other merchants credibly threatening to terminate all affilates is probably the best means to make the legislators drop this. The loss of sales tax AND considerable income tax instead of gaining the promised sales tax is the most powerful disincentive for them.

    New York managing to get away with the sneaky law was perhaps the "original sin" that screwed up everything and set up a bad example for the rest of the states.

    With this never ending threats, and lack of certainty it's going to be impossible for us to plan and invest for the future. Even it we defeat one attempt, it seems to come back in no time.

  23. #23
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    > "I am in shock that this has reappeared so quickly and sneakily." <

    Why would this be a surprise? This is how New York enacted the law, and it's how it made it to the Governor's desk last year.

    Legislators are seeking any and every strategy to gain revenue, ideally without enacting a "new tax" (and this isn't a new tax, it's an enforcement/collection issue, and the fact that it's unconstitutional has zero impact on legislators). The advertising-nexus tax appears to add a tiny, tiny, tiny speck within a small slice of a huge pie dish that's probably not even half full.

    The irony is that since the bill never had a legislative hearing, there is no "record" (from committee) in California for this bill, and few legislators (even on the committee) know anything about this issue. Therefore, when the anti-tax and pro-business groups claim that the law is unreasonable, it just sounds like the usual absurd griping from extremists. And they're certainly going to extrapolate revenue projections from New York's experience, without considering that Amazon won't collect the tax here (in CA).

    I am concerned about the suggestion from the PMA that the governor's aide doesn't want a flood of communications from web publishers -- I'd hate to think that the issue relies solely on whether Arnold still likes Overstock.com.

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