Free Site Registration


More Debits & Credits Posts

North Carolina on the Ropes in Sales Tax Fight

Print
Email
Reprints
By Michael Cohn
February 10, 2011

The North Carolina Department of Revenue has dropped its efforts to force Amazon.com and other online retailers to provide it with information about their customers’ Internet purchases.

The American Civil Liberties Union of North Carolina Legal Foundation filed suit against the state tax department on behalf of seven state residents, claiming that the effort would provide the state with information about the types of books, music and movies that North Carolina residents were buying, violating their First Amendment rights. Amazon joined in filing the suit in Seattle, Wash., where it is based, against the North Carolina Department of Revenue, and the state settled last month, according to ABC News. The settlement was announced Wednesday by the ACLU.

“The NC Department of Revenue does not need access to private customer records that reveal which specific customers in North Carolina have ordered which specific books, music or movies in order to complete its audit of Amazon and collect any taxes owed,” said Jennifer Rudinger, executive director of the ACLU of North Carolina, in a statement. “We are pleased that the public’s First Amendment rights have been upheld by this settlement, which prohibits the Department from seeking this kind of information from Amazon or other Internet retailers in the future.”

In another setback for the North Carolina tax collectors, a whole other set of online retailers, in this case travel sites, has also sued the Department of Revenue. Six travel sites, including Expedia’s Hotwire and Hotels.com, Orbitz, Trip Network, Travelocity, Travelscape, filed a lawsuit last week claiming that recent amendments to North Carolina’s sales tax laws that took effect on Jan. 1 are unconstitutional and constitute a violation of the Internet Tax Freedom Act, according to the Seattle Times. The amendments require that the fees paid to the travel sites for hotel room bookings be included in the gross receipts of the hotels and thus subject to sales and hotel taxes.

North Carolina isn't the only state facing setbacks in trying to get online retailers to extract sales taxes from customers. Last month a judge in Colorado blocked that state’s law requiring e-commerce vendors to provide a list of their customers’ purchases, North Carolina seems to be faring little better at taxing Internet purchases.

0 Comments

Be the first to comment on this post using the section below.

Add Your Comments...

Already Registered?

If you have already registered to Debits & Credits, please use the form below to login. When completed you will immeditely be directed to post a comment.

Forgot your password?

Not Registered?

You must be registered to post a comment. Click here to register.


Follow Accounting Today
Advertisement
Advertisement

Jason Marx on the Challenges and Opportunities Facing Accountants

June 17, 2013

CCH Small Firm Services president Jason Marx talks about the challenges confronting small accounting firms, including regulatory and tax compliance, technology adoption, and do-it-yourself software.

Jennifer Warawa on the 'On-Demand' Accountant

June 14, 2013

Jennifer Warawa, VP of partner programs and channel sales at Sage, discusses how accountants need to communicate more frequently with clients so they become more of an "on-demand" resource.

George Farrah on the Challenges and Opportunities Facing Accountants

June 14, 2013

Bloomberg BNA executive editor of tax and accounting George Farrah discusses how accountants today are dealing with the economy, technology, globalization and practice management.

Amit Jain on Three Key Trends in Accounting

June 13, 2013

Amit Jain of ADP Small Business Services discusses how the accounting firm of tomorrow will be different from accounting firms today.

Advertisement

SLIDE SHOW

What’s in the Lease Accounting Exposure Draft?

June 18, 2013

A quick guide to FASB’s proposed standards from Bloomberg BNA.

20 Trends to Watch

June 16, 2013

New areas of change that accountants should be on the lookout for.

Protecting Clients from Tax-Related Identity Theft

May 31, 2013

Tax-related identity theft is a continuing problem, and a trustworthy tax preparer is an important part of the solution.

10 Simple Revenue Boosters to Start Now

May 28, 2013

Are your prospects choosing another accounting firm just because of price? There are ways to boost your image to earn a premium fee and leave low-price competitors behind.

Tax Season by the Numbers

May 22, 2013

The IRS recently released statistics covering the year to May 10, 2013.

Advertisement
Advertisement
Advertisement