Legislators attempting to block tax on Internet sales

Wednesday, 19 January 2000

By Howard Fischer
Capitol Media Services

PHOENIX - State lawmakers are moving to block cities and their own Department of Revenue from taxing Internet sales.
Legislation approved yesterday by the House Ways and Means Committee specifies that Internet transactions are not subject to taxes unless there is a ``nexus'' to the state. That generally means the buyer is located here.
The measure also specifies there can be no taxes on Internet access and services.
Lawmakers are going to consider a more far-reaching proposal this morning for a moratorium on taxes on all Internet sales - no matter where the buyer or seller is located.
Rep. Barry Wong, R-Phoenix, said his five-year freeze will give Internet-based businesses a chance to get established in Arizona. In the interim, the state - and Congress - can figure out whether Internet sales should be taxed and how to accomplish that, he said.
The action comes as the issue of Internet sales heats up in the presidential race.
Sen. John McCain signed a formal pledge yesterday never to tax Internet sales. He wants the temporary ban approved by Congress to be made permanent. But Texas Gov. George W. Bush, the Republican front-runner, said he supports only continuing the moratorium to see ``what the world looks like'' after three to five years.
The city of Tucson is exploring whether to impose its own Internet tax. Tucson officials estimate the city could lose more than $30 million in sales taxes by the 2004 fiscal year.
Vince Perez, lobbyist for the Arizona Department of Revenue, said the measure approved yesterday conforms with the way his agency imposes taxes on telephone and catalog sales. He said a sale is taxable if it is made by an Arizona company to an Arizona resident.
That means someone who orders a computer from Insight.com, a Tempe-based firm, is charged the state and city taxes. A similar sale made by a Texas retailer, however, would not be subject to the sales tax.
Technically, an Arizonan who buys an item from a retailer in another state is supposed to pay a ``use'' tax equal to the Arizona sales tax. Perez conceded, though, enforcing that is difficult, especially in sales to individuals.
By contrast, Wong's bill, to be considered today by the House Committee on International Trade, Technology and Tourism, specifies there can be no sales tax at all on an Internet-based sale, no matter who makes it. That gets around the problem of giving an out-of-state retailer a financial advantage over one located here.
Wong acknowledged that his bill technically would give a break to Internet sales - a break not enjoyed by companies that market by catalog and telephone. But he said there is nothing to keep those retailers from setting up their own Web sites to take orders.
Wong also said the tax exemption would not hurt traditional ``bricks and mortar'' retailers that have shops in the state. ``People still want to go into stores.''
The bill approved yesterday has one provision not in Wong's measure: It blocks taxes on Internet services.
Ann Dumenil, lobbyist for Evergreen Internet, said the city of Chandler is imposing its sales tax on the services provided. She said this applies when Evergreen designs and hosts a Web site for a company.
Dumenil said that if the Legislature does not step in, other Internet providers will be discouraged from locating in Arizona.
The Associated Press contributed to this story.

 

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