Senators warn against online tax vote

Senators clashed on Thursday over a budget resolution amendment to empower states to tax online purchases.  

Sens. Dick DurbinRichard (Dick) Joseph DurbinSenate Dems hold floor talk-a-thon against latest ObamaCare repeal bill Overnight Defense: Senate passes 0B defense bill | 3,000 US troops heading to Afghanistan | Two more Navy officials fired over ship collisions Senate passes 0B defense bill MORE (D-Ill.), Mike EnziMichael (Mike) Bradley EnziWe can't allow Congress to take earned benefits programs away from seniors Senate approves Trump's debt deal with Democrats Senate panel might not take up budget until October MORE (R-Wyo.) and Lamar AlexanderAndrew (Lamar) Lamar AlexanderWeek ahead: Senators near deal to stabilize ObamaCare markets Corker pressed as reelection challenges mount Overnight Health Care: CBO predicts 15 percent ObamaCare premium hike | Trump calls Sanders single-payer plan ‘curse on the US’ | Republican seeks score of Sanders’s bill MORE (R-Tenn.) argued in speeches on the Senate floor that the amendment, which is based on their Marketplace Fairness Act, would close an unfair loophole that benefits online retailers over local brick-and-mortar stores.

But Sen. Max BaucusMax Sieben BaucusBernie Sanders flexes power on single-payer ObamaCare architect supports single-payer system Trump has yet to travel west as president MORE (D-Mont.), the chairman of the Finance Committee, called the proposal "revolutionary" and said lawmakers should take more time to consider potential consequences before rushing to a vote. 

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"I think this amendment is not yet ready. It's premature," he said.

Sen. Kelly AyotteKelly Ann AyotteStale, misguided, divisive: minimum wage can't win elections Trump voter fraud commission sets first meeting outside DC RNC chair warns: Republicans who refused to back Trump offer 'cautionary tale' MORE (R-N.H.) warned that it would hurt businesses and destroy jobs. 

"There's absolutely nothing conservative about this," she said.

The Senate budget will not become law, but the vote is an important test of support for online sales tax legislation. If the measure garners 60 or more votes as an amendment, supporters are likely to push to bring the legislation directly to the floor, skipping the committee process.

Under current law, states can only collect sales taxes from retailers that have a physical presence in their state. People who order items online from another state are supposed to declare the purchases on their tax forms, but few do.

The Marketplace Fairness Act would empower states to tax online purchases but would exempt small businesses that earn less than $1 million annually from out-of-state sales.

Durbin argued that the bill would benefit small businesses, which are unable to compete with untaxed Internet giants. He argued that Internet retailers benefit from public services such as roads and electricity and should have to pay their fair share of taxes. 

Alexander argued the bill is an issue of "states rights" and that states should be empowered to tax online goods. He warned that without the legislation, many states will only increase other taxes to make up for lost revenue.

Sens. Roy BluntRoy Dean BluntTop Senate Dem: We're going forward with understanding we can work with White House on DACA Sunday shows preview: Trump officials gear up for UN assembly Air Force One is Trump’s new boardroom MORE (R-Mo.) and Al FrankenAlan (Al) Stuart FrankenGOP eying 'blue slip' break to help Trump fill the courts Overnight Regulation: FTC launches probe into Equifax | Dems propose tougher data security rules | NYC aims to slash greenhouse gas emissions | EPA to reconsider Obama coal ash rule Overnight Cybersecurity: Kaspersky to testify before House | US sanctions Iranians over cyberattacks | Equifax reveals flaw that led to hack MORE (D-Minn.) also spoke in support of the proposal.

But Baucus insisted that the legislation go through his Finance Committee before being brought to the floor. He said he would be willing to consider the proposal as part of broader tax reform, but urged the supporters to abandon their attempts to bring the proposal to a full Senate vote.

"There are going to be a ton of amendments that are not going to be appreciated by the supporters of this bill, and they are going to dramatically weaken what they think they might have," he threatened.

Montana and New Hampshire, the home states of Baucus and Ayotte, respectively, are two of the five states that have no sales tax. 

Major retailers, including Amazon, support the online sales tax legislation, but it is opposed by eBay and anti-tax groups.