Internet Sales Tax Fairness By State
| Written by Stacy Mitchell | No Comments | Updated on Jan 10, 2013 The content that follows was originally published on the Institute for Local Self-Reliance website at http://www.ilsr.org/rule/internet-sales-tax-fairness-state/Last update: April 25, 2013
Amazon currently collects sales tax in nine states, which contain more than one-third of the U.S. population. These states are shown in dark blue and dark green. In the dark green states, Amazon has a physical presence, such as a warehouse, and thereby has sufficient “nexus” for the state to compel it to collect sales taxes owed by in-state residents. The dark blue states (New York and California) have passed “affiliate nexus” laws, which clarify that Amazon’s in-state sales affiliates constitute nexus for sales tax purposes. (Pennsylvania, where Amazon operates several distribution facilities, has also adopted an affiliate nexus law.)
With its network of distribution facilities growing, Amazon is also slated to begin collecting sales tax in several other states (shown in light green) over the next four years. (One of these, Connecticut, has also enacted an affiliate nexus law.)
Eight more states (light blue) have enacted affiliate nexus laws, but Amazon is not collecting sales tax in these states, either because it has terminated its in-state sales affiliates, the law has not yet taken effect (Vermont), the law is suspended pending the outcome of a court case (Illinois), or Amazon is tangling with state tax officials (Georgia).
For more background and information on internet sales tax, including the approaches taken by the states, as well as proposed Congressional legislation, see our Internet Sales Tax Fairness page.


