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  1. #1
    Affiliate Manager Alan Hamilton's Avatar
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    Federal court tosses CO internet tax!! :)
    Congratulations to all of us. CO has thrown out the internet tax!! Now let's see how many states follow suit!

    Federal judge tosses out 'Dirty Dozen' tax on online retailers - The Denver Post
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  3. #2
    ...and a Pirate's heart. Convergence's Avatar
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    Thanks Alan,

    I hadn't heard yet. Time to start emailing all the merchants that terminated Colorado affiliates (well MOST of them)...

    Salty kisses, Sandy toes, and a Pirate's heart...

  4. #3
    ABW Ambassador
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    Congrats Colorado affiliates!

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  6. #4
    ABW Ambassador CathyM's Avatar
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    That's great news! Congrats!

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  8. #5
    Outsourced Program Manager Jorge - SHOPiMAR's Avatar
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    Very good news, finally some sensable action. Congrats!


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  10. #6
    OPM and Moderator Chuck Hamrick's Avatar
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    Hope this is the first of many victories!

  11. #7
    Affiliate Manager AffiliateWarrior's Avatar
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    Congrats to CO affiliates and to all the folks who worked hard in testifying and doing their best to fight the law in the first place.
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  13. #8
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    Great news: I suppose this will wind up in the US Supreme Court 2-3 years from now? Is that enough to hold the states who have not yet acted on this off?

  14. #9
    ...and a Pirate's heart. Convergence's Avatar
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    It's dead in Colorado. Colorado knows now that it was a pipe-dream to appease the B&Ms, tax and spend liberals, and uneducated citizens.

    Colorado will not try this again...
    Salty kisses, Sandy toes, and a Pirate's heart...

  15. #10
    OPM and Moderator Chuck Hamrick's Avatar
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    I agree and hope other states take notice!

  16. #11
    Super Dawg Member Phil Kaufman aka AffiliateHound's Avatar
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    As I understood the final version of the Colorado law, it required all online retailers to either collect the state tax or compile detailed customer records and send those to the state so that the state could bill residents for the tax.

    Unlike the "Amazon" or "Affiliate Nexus Tax" that so many other states have enacted or are considering, there was NO legal fiction of a nexus being created by an out-of-state merchant having in-state affiliates.

    Thus, there is absolutely no basis for this ruling to in any way effect true "Amazon" or "Affiliate Nexus Tax" laws in other states. The affiliate nexus legal fiction issue, created by states to satisfy the Constitutional requirements of Quill v North Dakota has yet to be considered by any Federal court. The New York court in the first litigation filed by Amazon and Overstock ruled that it had insufficient facts to determine whether the NY statue was constitutional as applied and sent the case back to the trial court level for further proceedings, which are still ongoing.

    Also, each Federal jurisdiction makes its own decisions and it is not unusual for rulings in separate districts to be totally opposite - that is how many cases get to the US Supreme Court, divergent opinions on the same issue (such as is now pending regarding the Affordable Care Act - a couple of Federal courts held the mandate unconstitutional, while several others upheld it.)

    The bottom line is the ruling in Colorado is NOT a precedent for overturning any other states' "Amazon" or "Affiliate Nexus Tax" law.
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  17. #12
    Affiliate Manager Alan Hamilton's Avatar
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    Actually, being one of the many people here in CO who lobbied our reps and senators to reject the bill, the CO version gave internet retailers a choice between a rock in the head or a stick in the eye. They promoted it in the house and senate as the Amazon bill, however, it required that the out of state seller with nexus in CO either collected sales tax and submitted it to the state, OR that they notify consumers of the tax they owed and kept records of all purchases made through nexus to CO residents.

    While the fed court ruling here does not set a precedent for other courts, it does indeed give other courts a ruling and opinion to reference in similar actions that could come forth in other states.

    During one of dozens of conversations I had with CO legislators back in 2010, one of the state reps admitted to me that she didn't really know how internet sales relationships worked but she knew that the legislature needed more revenue to cover spending on programs they wanted to fund. Keep in mind that the Amazon tax law here in CO was one of a package of 13 tax hikes / new taxes that our legislature pushed through on straight party line votes. One of the new taxes even placed a "tax" on Bull Semen, which is of huge importance in the breeding of new meat for consumption! LOL They just can't get enough, so instead of a Debbie Downer outlook, be happy for us!
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  18. #13
    ...and a Pirate's heart. Convergence's Avatar
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    C'mon Alan, those all weren't "taxes" - some were "fees". [TABOR] Thats how they get away with "taxes" here in Colorado. If they need more revenue, they just create a new "fee" or take away tax exemptions like on restaurant "Doggie Bags" and "take-out containers".

    Still a fine place to live, though...
    Salty kisses, Sandy toes, and a Pirate's heart...

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