Web retailer Amazon.com Inc. sued New York state and its taxation department to contest the constitutionality of a new state law requiring out-of-state Internet retailers to collect New York state taxes.
The law, which went into effect April 23, requires that out-of-state Web retailers to collect sales taxes from customers in the state if the retailers have New York-based representatives soliciting business on their behalf. The state considers Amazon and other retailers to be subject to this law because they have “affiliate” marketing arrangements. An “affiliate” is someone who advertises Amazon on his Web site and receives sales commissions after a Web site visitor makes a purchase on Amazon.
In its complaint filed April 25 in New York’s Supreme Court, Amazon alleges the law violates several aspects of the U.S. Constitution in its “impermissibly vague and overbroad” nature of requiring Amazon, which has no physical presence or employees based in New York, to collect sales taxes. … continue reading this entry.
