May 19, 2013

The Tax Wars between Online Retailers and Physical Retailers

Shopping applications are said to have increased the urgency by “brick and mortar” retailers to have a federal law requiring collection of sales taxes by internet retailers.  A consumer can use one of the many available shopping applications to touch and scan the barcode of an item in a store to a smart phone and then search the web to see if they can obtain a similar product at a cheaper price elsewhere. Further, the buyer can purchase the cheaper item while still standing in the store to the despair of the salesperson.

Physical stores usually compare and match cheaper online prices in a manner similar to how they would match the price from a competing physical store. Price matching and comparison is, for example, done when a consumer comes in with a newspaper advertisement. However, they cannot match the sales tax savings made by the online retail shops mainly, because the Supreme Court ruled that a retailer cannot be forced, by the state, to collect taxes without the go ahead from Congress, and unless the retailer has a physical state presence, which online retailers claim they do not have.

For retailers, shopping applications can be an advantage at times, especially when their prices are cheap, as this assists them to close a sale. If a consumer scans the barcodes on products, searches the web, and ends up finding the same store to be the one with the cheapest prices, then they will end up buying there.

This kind of promotion has generated a lot of outrage from some retailers who term it as an “in your face” promotion. However, their outrage has only ended up giving more publicity to the apps thereby enabling more and more people to learn about them. According to a survey released by Comscore, Inc. 38% of persons with smart phones had used their phones to complete a sale, and only 36% of those had actually completed an online purchase while in a retail shop.

Many physical store retailers are up in arms saying they want the federal government to pass tax legislations to have online retailers collect sales taxes in a bid to even the field better.  However, some of the online retailers claim that since they do not have a physical presence in the states where they have established warehouses, and since the warehouses are held in a separate subsidiary,  they cannot collect taxes.

Sales Tax for Online Coupon in California Axed

Delightful news for California residents who always seek their deal-of-the-day: the sales tax they have to pay when they use coupons from their favourite internet daily deal web-pages has been cut.

In a much welcomed move made early in December, the California State Board of Equalization announced that tax should be charged solely on what a user purchases on an item, as against the previous format where it is based on the list price of purchases made. Hence if you previously paid $100 for a $200 coupon that you used at a California merchant to buy a $200 item, the tax would be set on only your $100.

This new law is essential because in February this year, a spokesperson for the California BOE, which is in charge of sales tax, stated that the BOE requires the sales merchant to deduct sales tax on the total value of any item purchased. At that time, the BOE had requested its attorneys to look into the matter and advice them to see if their position on the matter was right.

This new policy seems to differ from what is practised in New York by the New York State Tax Administration, who decided in a released notice in the month of September this year that merchants must collect sales tax on the total value of any item purchased, if the deal voucher has a dollar equivalent printed on them. In plain terms, the New York tax administration simply imply that tax should be collected on the $200 even though all you paid is $100 and the local merchant collects possibly only $50.

The daily deal business which is lead by such sites as Groupon and Living Social, is being estimated to have a consumer spending net worth of $873 million in 2010. This is expected to increase to $1.97 billion and to $4.2 billion in 2015.

In the two states afore mentioned, they seem to agree that the sale of a coupon on this sites is not taxable, because it is just an insubstantial material that is being sold, not a taxable substantial material, and tax should only be charged when the coupon is actually used. Enforcing community merchants to collect tax on a full face value of an online coupon could limit the interest of both customers and retailers, especially with the high sales tax problems. In some communities in Los Angeles, people are made to pay a rigid 9.75% sales tax. In New York, the total state and city tax is 8.875%.

At the end of the day, the appropriate taxation of online coupons may possibly end in a litigation battle. A lot of cities and communities have had many court battles with some online daily deal sites over proper taxation of discounted hotel accommodations sold online.