Showing posts with label sales tax exemption. Show all posts
Showing posts with label sales tax exemption. Show all posts

Friday, June 1, 2012

New Jersey shows how to deal with Amazon


One of the big fights in the state legislature last year was over Amazon’s offer to build a distribution center in Lexington County (investing $90 million) and hiring 1249 employees.  In exchange the state would not require Amazon to collect sales tax on any purchases from South Carolina customers for five years. 
The South Carolina Small Business Chamber and some other organizations fought hard against this proposal arguing that it would create an unfair competitive advantage for Amazon compared to the state’s other businesses. 

Although we lost this fight, our opposition forced Amazon to sweeten the deal by pledging to invest $125 million and create 2000 jobs.  Unfortunately, our small businesses will be harmed by Amazon’s sweetheart no-sales-tax deal. 
But our state legislators said that they would lose the economic development of Amazon if they didn’t give into its blackmail.  Our elected leaders didn’t agree with us that Amazon was not going to walk away from building the distribution center that was already under construction.

One year later, say hello to New Jersey and this headline in today’s New York Times:

Amazon to Build New Jersey Warehouses and Collect State Tax

That’s right.  New Jersey and Amazon have reached an agreement for the online retail giant to build two distribution centers (an investment of $130 million) and create 1500 new jobs.  PLUS Amazon will start collecting the state’s 7% sales tax on New Jersey customers starting July 2013 that will result in $30 to $40 million more money for that state.  (Amazon failed to get a 22 month reprieve on collecting the sales tax.)
What did New Jersey promise in return for Amazon’s investment, new jobs and sales tax collection?  The same thing that we gave Amazon—tax incentives.

The opponents to the S.C. Amazon deal have been vindicated.  But that’s little consolation for our state’s small businesses that are seeing Amazon steal their sales courtesy of our General Assembly.

Tuesday, December 6, 2011

Amazon’s deal re-visited

The battle over state sales tax being collected by on-line retailers like Amazon has now moved to Congress.  Amazon, which this year won a battle in South Carolina receiving a reprieve from collecting sales tax on in-state sales in exchange for building a distribution center in Lexington County, apparently has now switched sides. 
The retail giant is supporting the Marketplace Fairness Act that would strip away the Supreme Court’s Quill decision that said on-line retailers without a physical presence in a state did not have to collect sales tax on purchases in that state.  The sales tax was still owed but it was the purchaser’s responsibility to pay it directly to their state.
If the federal legislation passes, the main opponents now are eBay and Overstock.com, all on-line retailers would be obligated to collect each state’s sales tax and remit it to the proper state.  The bill would exempt retailers with on-line sales of less than $500,000.
All this is good news for the nation’s small brick and mortar businesses that are at a severe competitive disadvantage because they have to charge sales tax but on-line retailers like Amazon do not. 
But passage of the federal legislation won’t appear to help South Carolina’s small businesses until 2016 because the legislation passed this year in the state specifically carves out a sales tax collection exemption only for Amazon to the exclusion of even all other on-line retailers.  Now the constitutionality of that special deal has been called into question.
In yesterday’s issue of Tax Analysts law professors James E. Rogers and Walter Hellerstein provide a scholarly legal assessment of South Carolina’s law regarding Amazon.  They conclude that South Carolina’s law violates the Commerce Clause of the Constitution because it treats certain out-of state on-line retailers (Amazon) different from other out-of-state on-line retailers. 
So even if the Marketplace Fairness Act with its bi-partisan support eventually is enacted, the constitutionality of South Carolina’s law needs to be challenged.  Any lawyers interested?

Monday, May 23, 2011

Amazon and Mitt

Below are two must-read editorials from this weekend. The first by Cindi Scoppe, Associate Editor of The State, accurately analyzes the meaning of the recent House vote to give Amazon.com an exemption from collecting sales tax.

But most legislators acknowledge that there was a serious question of fairness in this case. So what’s the cost of fairness? Where, between 1,249 and 2,000 jobs, does unfairness become a reasonable price to pay? Would we sacrifice fairness for 1,800 jobs? For 1,500? And where will the line be drawn next time? If Amazon decides to hold up its end of the bargain, what will legislators do if it threatens to leave in five years unless it gets another five-year exemption? What about the next company that comes looking for extra incentives, whether they involve unfair competitive subsidies or just bigger tax breaks?
She concludes in her editorial, as I did in last Friday's blog, that at least the state now has a better deal with Amazon because of the political fight and she was kind enough to recognize the South Carolina Small Business Chamber’s efforts.

Even the head of the state small business chamber of commerce — who has been nearly as outspoken in his opposition as the people on WalMart’s payroll — acknowledged that “the principled opposition has at least translated to a better deal.”
The second editorial below is in honor of Mitt Romney’s visit to the Midlands this weekend. Mitt is still trying to explain why his “RomneyCare” in Massachusetts is not the same thing as “ObamaCare” for the rest of us. It is and if he weren’t ready to announce his candidacy for President, Mitt would probably be very happy with this New York Times editorial.

Despite all of the bashing by conservative commentators and politicians — and the predictions of doom for national health care reform — the program he signed into law as governor has been a success. The real lesson from Massachusetts is that health care reform can work, and the national law should work as well or even better.

Enjoy!

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May 22, 2011
The State

The Amazon turn-around

By CINDI ROSS SCOPPE
Associate Editor

ON A spreadsheet, with nothing to consider but dollars and cents, the Amazon sales tax exemption always made sense: Give the online retail giant a pass on collecting sales taxes that it’s not currently collecting from S.C. residents, and the state gets $10 million in annual payroll taxes, and Lexington County gets $1 million a year in property taxes. Refuse, and we get no payroll taxes, no property taxes, no sales taxes, nothing.

Throw in 1,249 jobs — now bid up to 2,000 — and all the income, sales and other taxes the newly employed would be paying and the unemployment checks they wouldn’t be drawing, and it looked like a no-brainer.

It would be nice to think that the reason the deal initially ran into trouble was the almost embarrassingly wonkish concern about the degradation of our state tax policy. The fundamental problem with the Amazon exemption is the same as the problem with all tax breaks: It gets piled on top of hundreds of other tax incentives that already have pushed our tax system to the breaking point, making it a Swiss cheese monument to special-interest influence that is more holes than cheese.

This new hole is more worrisome than most because e-commerce is the big problem facing state tax systems — particularly those that are as obscenely reliant on sales tax collections as ours. And by exempting the rare company that actually meets the Supreme Court requirement that businesses have a physical presence in a state in order to be required to collect sales taxes, the Amazon incentive gives away what tiny bit of leverage our state has.

Unfortunately, that wasn’t the hang-up. What made those pretty numbers insufficient on first glance was a very human complication: local merchants who had the moral high ground when they argued that it was unfair for their state to subsidize a competitor intent on running them out of business.

Last month, the House said overwhelmingly that giving an unfair advantage to their competition was not a reasonable price to pay for 1,249 jobs. On Wednesday, representatives said even more overwhelmingly that it is a reasonable price to pay for 2,000 jobs. I realize that the decision wasn’t nearly so rational. It also turned on belatedly smart lobbying by Amazon backers, and resentment among House Republicans over what they saw as Gov. Nikki Haley putting them in a no-win position and then belittling their concerns. But we should be able to assume that it involved some degree of rationality.

Even those of us who worry about tax policy understand that big corporations are highly skilled at playing the incentives game — pitting state against state in a race to the bottom — and so sometimes we just have to give in and let them have their way with us. The question is where to draw the line. How much is a job worth?

That’s not a terribly difficult question when the job-purchasing currency is only money — or at least it wouldn’t be if recruiters were required to give the public more details about the deals they cut: Just pull out your spreadsheet, and you’ve got an answer. Of course when you accept the idea that there’s no cost to the state because a company won’t pay any taxes anyway if we can’t entice it to come here, you run the risk of the eventual spiral down to the elimination of all taxes — or even paying companies to move here. But that just gets us back to bad tax policy, and not enough money to pay for the services that those companies require, which most legislators don’t lose any sleep over.

But most legislators acknowledge that there was a serious question of fairness in this case. So what’s the cost of fairness? Where, between 1,249 and 2,000 jobs, does unfairness become a reasonable price to pay? Would we sacrifice fairness for 1,800 jobs? For 1,500? And where will the line be drawn next time? If Amazon decides to hold up its end of the bargain, what will legislators do if it threatens to leave in five years unless it gets another five-year exemption? What about the next company that comes looking for extra incentives, whether they involve unfair competitive subsidies or just bigger tax breaks?

What’s surprising isn’t that the House agreed to the deal — the Legislature signs off on almost any tax give-away that’s labeled economic development; and the bar gets lower every time. What’s surprising is that it didn’t swallow automatically, but instead held out for a better deal than the Commerce Department negotiated.

The bill the House passed Wednesday is clearly an improvement over the original proposal and over most incentives legislation: It expires in five years. The specific time and job requirements make it unlikely that any other company could use it. And it requires Amazon to stick to its latest oral promises in order to cash in: If it doesn’t employ 2,000 full-time workers with “a comprehensive health plan” and spend $125 million by the end of 2013, it loses the exemption; if employment drops below 1,000 before the 2016 expiration date, it loses the exemption. Even the head of the state small business chamber of commerce — who has been nearly as outspoken in his opposition as the people on WalMart’s payroll — acknowledged that “the principled opposition has at least translated to a better deal.”

And maybe, given the complete disinterest that most legislators have in smart, or even fair, tax policy, that’s the best we can hope for.

Ms. Scoppe can be reached at cscoppe@thestate.com or at (803) 771-8571.

http://www.thestate.com/2011/05/22/1827231/scoppe-the-amazon-turn-around.html

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May 21, 2011
The New York Times
Editorial

Health Reform in Massachusetts

Mitt Romney’s defense of the Massachusetts health care reforms was politically self-serving. It was also true.

Despite all of the bashing by conservative commentators and politicians — and the predictions of doom for national health care reform — the program he signed into law as governor has been a success. The real lesson from Massachusetts is that health care reform can work, and the national law should work as well or even better.

Like the federal reform law, Massachusetts’s plan required people to buy insurance and employers to offer it or pay a fee. It expanded Medicaid for the poor and set up insurance exchanges where people could buy individual policies, with subsidies for those with modest incomes.

Since reform was enacted, the state has achieved its goal of providing near-universal coverage: 98 percent of all residents were insured last year. That has come with minimal fiscal strain. The Massachusetts Taxpayers Foundation, a nonpartisan fiscal monitoring group, estimated that the reforms cost the state $350 million in fiscal year 2010, a little more than 1 percent of the state budget.

Other significant accomplishments:

The percentage of employers offering insurance has increased, probably because more workers are demanding coverage and businesses are required to offer it.

The state has used managed-care plans to hold down the costs of subsidies: per capita payments for low-income enrollees rose an average of 5 percent a year over the first four years, well below recent 7 percent annual increases in per capita health care spending in Massachusetts. The payments are unlikely to rise at all in the current year, in large part because of a competitive bidding process and pressure from the officials supervising it.

The average premiums paid by individuals who purchase unsubsidized insurance have dropped substantially, 20 percent to 40 percent by some estimates, mostly because reform has brought in younger and healthier people to offset the cost of covering the older and sicker.

Residents of Massachusetts have clearly chosen to tune out the national chatter and look at their own experience. Most polls show that the state reforms are strongly supported by the public, business leaders and doctors, often by 60 percent or more.

There are still real problems that need to be solved. Small businesses are complaining that their premiums are rising faster than before, although how much of that is because of the reform law is not clear.

Insuring more people was expected to reduce the use of emergency rooms for routine care but has not done so to any significant degree. There is no evidence to support critics’ claims that the addition of 400,000 people to the insurance rolls is the cause of long waits to see a doctor.

What reform has not done is slow the rise in health care costs. Massachusetts put off addressing that until it had achieved universal coverage. No one should minimize the challenge, but serious efforts are now being weighed.

Gov. Deval Patrick has submitted a bill to the Legislature that would enhance the state’s powers to reject premium increases, allow the state to limit what hospitals and other providers can be paid by insurers, and promote alternatives to costly fee-for-service medicine. The governor’s goal is to make efficient integrated care organizations the predominant health care provider by 2015.

The national reform law has provisions designed to reduce spending in Medicare and Medicaid and, through force of example, the rest of the health care system. Those efforts will barely get started by the time Massachusetts hopes to have transformed its entire system. Washington and other states will need to keep a close watch.

http://www.nytimes.com/2011/05/21/opinion/21sat1.html?_r=1&nl=todaysheadlines&emc=tha211




Friday, May 20, 2011

What’s the value of our advocacy? How about $35 million and 751 jobs!

According to newspaper accounts, this past Tuesday night Amazon executive Paul Misener called Representative Kenny Bingham to say that the retail giant was willing to increase the number of jobs and investment in the state to help win House approval of the Amazon.com sales tax deal. This came after over a month of intense lobbying by The South Carolina Small Business Chamber and other opponents of the unique sales tax collection exemption the state had offered (among many other incentives) Amazon in exchange for building a distribution center in Lexington County

Earlier that same day, I and others opposed to the Amazon sales tax deal had held a press conference on the front steps of the State House pledging to keep up the fight that earlier had resulted in a House vote victory.

Mr. Bingham, who had been encouraging Amazon for weeks to sweeten its offer, was ready to give the sales tax deal one more shot in the House. Tuesday night Amazon conceded to Bingham’s request in hopes of turning the vote in its favor.

It worked and the House voted overwhelmingly this time in favor of the Amazon deal.

What had been an Amazon promise of 1249 jobs and $90 investment now is written in the bill as a guaranteed 2000 new jobs and $125 million investment.

While we still oppose the sales tax exemption that will put all other retailers in the state at a competitive disadvantage with Amazon, the value of advocacy against the deal can now be measured….

751 more jobs and $35 million more in investment!

That’s 60% more jobs and 39% more investment in the state thanks to our and others’ advocacy for small business if the bill should be approved by the Senate .

Our opposition to the Amazon sales tax deal goes on.  But even if it is not ultimately successful, our advocacy does work to the benefit of small businesses and the state--and now we have the numbers to prove it.

Tuesday, May 17, 2011

More reasons to oppose Amazon sales tax deal

Several weeks ago the S.C. House voted overwhelmingly against throwing small retailers across the state under the bus in order for Amazon.com to build a distribution center in Lexington County. The rejection of giving the retail giant the unique exemption from collecting sales tax on in-state sales led to Amazon declaring that they would not build the distribution center sending local economic development folks into a panic.

So this week we expect that there will be a second vote on the Amazon sales tax deal.

But now new revelations have come to light further demonstrating why the House should not change its collective mind. These are laid out today in a letter to House members signed by the SC Association of Taxpayers, the SC Small Business Chamber of Commerce, SC Campaign for Liberty and the SC Alliance for Main Street Fairness.

To answer the question of whether Amazon absolutely will not locate in a state if it has to collect sales tax, our letter gives the real facts:

(S)ince the initial vote was taken we have learned that over 50% of Amazon’s revenue comes from locations in which they collect the sales tax. A recent Seattle Times article regarding an SEC inquiry into the company stated, “In an earnings conference call this week, Amazon Chief Financial Officer Tom Szkutak sought to downplay the potential impact if more states put an end to tax-free online sales. He said Amazon generates more than half of its revenue in places where it already collects sales or consumption taxes, including markets outside the U.S.” If that’s the case, why are they so opposed to collecting the sales tax in SC when they have already received such a generous incentive package?
And to the argument that turning Amazon down will hurt recruitment of other businesses, the letter addresses the state’s efforts to lure Sears to the Palmetto State:

(W)hen the potential impact on the recruitment of Sears was offered as evidence, one of Sears’ representatives stated “Sears Holdings Corporation strongly supports the decision by the South Carolina House to stand up for local businesses and not give in to pressure from Amazon who consistently puts protecting its unfair competitive advantage before investing and creating jobs in communities around the country. Any comments that suggest anything other than full support for this effort to level the sales tax collection playing field, regardless of the context, are patently inaccurate.” Clearly, the House denying this special deal has had no adverse impact on recruitment efforts.
Contact your House member and ask him or her to continue to stand with the state’s small retailers by voting NO on the Amazon.com sales tax deal.

Thursday, May 12, 2011

Better use for Amazon’s incentive dollars

The opinion editorial below by Frank Knapp ran today in The State.
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Better use for Amazon’s incentive dollars
By FRANK KNAPP JR.

When the S.C. House voted to support our state’s small retailers by not giving in to Amazon.com’s incentive demands to build a distribution center, predictions of doom erupted. One Lexington County councilman said of the House vote not to give Amazon an exemption from collecting sales tax on in-state sales, “it’s like no one will even look at coming here for 10 years.”

Giving the retail giant an unfair competitive advantage over every other retailer was the price that Amazon supporters wanted the entire state to pay for their new local jobs. They warned that our Commerce Department would never be trusted again if the state didn’t keep a promise that was not actually part of the written agreement with Amazon. They even blamed the Amazon vote for two other potential businesses crossing Lexington County off their consideration list.

But instead of impotence, Commerce reeled off impressive announcements of new manufacturing jobs starting the day of the House vote: 100 in Union County, 150 in Marlboro County, 270 in Lexington County and 700 in Greenville County. These investments totaled nearly $267 million (more than twice as much as Amazon promised) and, unlike the Amzon.com sales tax deal, not one of them threatened the profitability of locally owned businesses.

Now Amazon.com’s team of lobbyists will try one more time in the House to secure the sales tax deal. That vote could happen today or next week and, just as before, without a public hearing that is required on most bills.

Amazon supporters will argue that Wal-Mart’s announcement last week to open, relocate and expand stores in South Carolina creating 4,000 new jobs will do more damage to locally owned small retailers than the Amazon distribution center. But there are some clear differences.

There is no indication that any state incentives have been offered to Wal-Mart — only local government incentives, and nothing involving the sales tax. If that were the case with Amazon, this would not have been so controversial.

While small retailers would prefer that Wal-Mart and other big-box stores not come to their communities, that train left the station a long time ago. Some small retailers do not survive, but most learn to compete with big-box stores by improving their marketing and offering customers more personal service, convenient locations and parking, niche products and services and a friendlier buying experience.

Small businesses are also learning to educate their communities on the economic power of buying locally. Studies have found that every consumer dollar spent with a locally owned business yields three times the economic benefit to the community of spending it in a big-box store.

The larger issue with state and local incentives to entice big businesses to our state is that the same money might be better used to help locally owned small businesses start or expand. Eighty-seven percent of South Carolina’s businesses and 88 percent of the nation’s businesses have fewer than five employees and were started with less than $35,000 in capital. According to the Association for Enterprise Opportunity, if just one in three of these microbusinesses hired a single employee, the country would be at full employment.

Yet we in South Carolina and the nation fail to invest sufficiently in technical assistance and lending to these microenterprises, even though they are the essence of sustainable local economies, offer the best opportunity for economic growth and are the farm team for future larger employers. We allow the S.C. Women’s Business Center to go under, we cut back state appropriations to our Small Business Development Centers, forcing them to forgo services for start-ups, and there are only very rare loans to microbusinesses.

The General Assembly should continue to say “no” to Amazon’s sales tax deal, as other states are beginning to do. And it should take the same amount of incentive money and put it to better use helping to grow our locally owned small businesses.

Mr. Knapp is the president and CEO of the S.C. Small Business Chamber of Commerce. Reach him at sbchamber@scsbc.org.

Saturday, April 30, 2011

Amazon not giving up

The Amazon.com lobbyists must be busy working the phones to our state legislators and emailing them copies of the story in Saturday’s State. “Amazon vote drives off two firms”, screams the headline.

The story goes on to quote Lexington County leaders who have been at the fore front in pushing for Amazon.com to be the only retailer in the state not to have to collect sales tax on in-state sales. Not one dissenting point of view was included as you would expect in a news story. Not one. Amazon couldn’t have paid for better one-sided news coverage.

In my blog on Thursday I said, “Now attention must be paid to the Senate. Amazon.com hasn’t been paying possibly six digit fees to lobbyists just to give up as long as the legislature still has a breath of life this session.” Saturday’s front page story tells me that I was correct.

But let’s make sure we all know what the Amazon proponents actually said in the story. One potential manufacturing prospect for Lexington County is “abandoning consideration”. The other was led to “suspend interest” several weeks ago because of the controversy. Neither of these prospects were in the bag as we thought Amazon was. This might simply have been a convenient excuse for the prospects to say no to Lexington County because it sure wasn’t because the state and county didn’t deliver on everything they promised in writing to Amazon.

And while we were all embroiled in battle here with Amazon, Wall Street didn’t care. The company’s stock rose 7.9 percent to reach an all-time high the same day our House voted down the sweetheart sales tax deal. According to a Seattle Times story, the jump in stock price was because investors approved of the company’s efforts to “grab a bigger share of the e-commerce market.”

And how is Amazon grabbing a bigger share of the market? By bullying states like South Carolina into giving them an unfair competitive advantage over the state’s existing brick-and-more and online stores that have to collect sales tax on in-state sales.

The House vote on Wednesday wasn’t only important for fairness to our existing small businesses, it was also important to the national effort to force all online retailers to collect sales tax regardless of the location of the customer.

Jeff Milchen, co-founder of the American Independent Business Alliance, in his commentary in the April 28th issue of Business Week recognizes South Carolina’s courageous stand against Amazon.com.

(S)state bills closing the Amazon loophole do help level the playing field for many businesses and build momentum for needed national reform such as that proposed by Senators Dick Durbin (D-Ill.) and Mike Enzi (R-Wyo.), who plan to reintroduce the "Main Street Fairness Act" during the current session. Their bill would ratify the Streamlined Sales and Use Tax Agreement, a compact developed by a coalition of state government representatives to harmonize sales tax policies. The bill also would give states the authority to collect tax on interstate sales under these simplified rules.
South Carolina should be proud of taking a leading role in leveling the playing field for all retailers. Let’s not succumb to hyperventilating about possible prospect losses and instead listen to our Commerce secretary, Bobby Hitt.

South Carolina, like our neighboring states, has similar incentives for new and expanding businesses. Incentives are but one of the reasons that companies choose to locate or expand in our state. South Carolina continues to be a national leader in work force development and has one of the most business-friendly climates in the country. A dispute over a sales tax exemption will not change the state’s international and national reputations as a desirable business location.

Wednesday, April 20, 2011

Amazon.com wins round 1

The Senate Finance Committee room was packed yesterday by Lexington County supporters of Amazon.com’s request to be exempted from collecting sales tax for sales made to South Carolina residents in exchange for building a new distribution center in that county. The room was also filled with lobbyists hired by Amazon.com to move its legislation forward.

In the end, as expected, the Committee voted 15-5 in favor of by-passing the subcommittee process (that would give the public a chance to voice their opinion) and sending the bill to the Senate floor. In addition to the Senator’s representing Lexington County sponsoring the bill, the Committee’s chairman also added his name and an amendment to give QVC in Florence County another five year corporate income tax pass. It’s hard to vote against the Chairman in this situation so hats off to the five courageous Senators who did.

Below is my letter being delivered to one of those courageous Senators, Danny Verdin. The fight for small businesses goes on.

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April 20, 2011

The Honorable Danny Verdin
South Carolina Senate
404 Gressette Building
Columbia, SC

Re: S.808, Sales Tax Collection Exemption for Amazon.com

Dear Senator Verdin,

Thank you for your insightful questions at yesterday’s Senate Finance Committee regarding the above referenced bill.

You correctly asked what the original motivation was for Amazon.com to demand that it be exempted from collecting sales tax on sales made to South Carolina residents. The answer can clearly be found on page 14 of Amazon’s 2008 Annual Report (see enclosed).

In that report Amazon.com lays out why it must have an exemption from collecting state sales tax.

A successful assertion by one or more states or foreign countries that we should collect sales or other taxes on the sale of merchandise or services could result in substantial tax liabilities for past sales, decrease our ability to compete with traditional retailers, and otherwise harm our business.
We don’t often have such an honest admission from big businesses for the incentives they seek. However, their openness does not change the fact that granting their demand is unfair to all the state’s small businesses, brick-and-mortar and online, that would be competitively disadvantaged.

While we appreciate the issue of trying to uphold an offer made in negotiations with Amazon.com, this is a particularly unique case that, we don’t believe, will shut down the state’s efforts to recruit businesses utilizing more routine incentives.

Sincerely,

Frank Knapp, Jr.
President & CEO

Friday, April 8, 2011

Amazon.com’s business plan revealed

Amazon.com is scared. Scared that if it is forced to follow the laws that apply to every other small business retailer, it can’t compete. Not only here in South Carolina, but across the country.

So the business plan of the company is to force states to make exceptions to tax laws. Amazon does this by waiving promises of lots of jobs and major investment to suck in public and private economic development folks with visions of professional achievement and personal financial gain. And if there is resistance, Amazon.com and their supporters start bullying officials and opponents with their deep-pocketed attacks and misinformation campaigns.

As I (here and here) and others have been saying, the sales tax exemption for Amazon.com is an unfair competitive advantage, which will harm the small business retailers across the state that have to collect the state sales tax.

Yesterday, I spoke with the co-founder of American Independent Business Alliance, Jeff Milchen, about Amazon. He has extensive knowledge of the company's operations around the country and pointed me to the 2008 Annual Report of the company.

In that report on page 14, Amazon.com lays out why it must have an exemption to collecting state sales tax.

A successful assertion by one or more states or foreign countries that we should collect sales or other taxes on the sale of merchandise or services could result in substantial tax liabilities for past sales, decrease our ability to compete with traditional retailers, and otherwise harm our business.
Free market be damned!

Amazon.com’s business plan is based on the company receiving an unfair competitive advantage over other businesses courtesy of the state taxpayers. The company is not run by business geniuses. It’s run by thugs that blackmail states into letting them not obey the laws that all other businesses must obey.

The South Carolina Legislature and its counterparts in every state must start standing up to Amazon.com and tell the company that they won’t throw small business retailers under the bus for a few pieces of gold.