Setback for online sales tax effort

Setback for online sales tax effort
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Lawmakers and industry groups who support online sales tax legislation are hopeful that they can get it passed despite a setback in Congress.

Advocates for the sales tax measure had wanted to link it to a ban on taxing Internet access.

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But lawmakers did not take that step, instead crafting a conference report for a customs bill that would extend the ban on Internet access taxes indefinitely — but do nothing on the sales tax issue.

Supporters of online sales tax legislation want the Senate to strip the access tax language from the conference report, but the effort appears to face an uphill climb. 

Conference reports generally cannot be changed on the floor. 

A senator could raise a point of order that the Internet access taxes ban is not germane, which, if successful, would send the report back to the House without the moratorium. A point of order can be waived with 60 votes. 

An aide to Sen. Dick DurbinRichard (Dick) Joseph DurbinThe Hill's Morning Report - Presented by Facebook - Negotiators signal relief bill stuck, not dead White House officials, Democrats spar over legality, substance of executive orders Sunday shows - Trump coronavirus executive orders reverberate MORE (D-Ill.) said last month that the senator has the votes to defeat such an effort, however.

If the customs bill passes the Senate with the Internet access tax ban included, industry groups said the push for the sales tax legislation would go on.

“It’s still a top priority for the industry,” said Jason Brewer, a spokesman for the Retail Industry Leaders Association. “We want to see action. We want to see movement.” 

Several major industry groups have pushed for years to pass the Marketplace Fairness Act or similar legislation, which would give states the power to compel business that aren’t physically located in their borders to collect their sales taxes. 

Brick-and-mortar retailers have made an especially strong push, arguing their online rivals now have an unfair advantage. It is also a priority of state and local governments that want additional tax revenue.

Jennifer Platt, vice president of federal operations for the International Council of Shopping Centers, said her group is “hopeful we can deal with the state tax issues in block in 2016.”

Virginia Gov. Terry McAuliffe (D), vice chairman of the National Governors Association (NGA), said Thursday that if Congress doesn’t pass online sales tax legislation, states would try to find alternative solutions.

“Let me be very clear, we are asking Congress to act,” McAuliffe said during NGA’s annual State of the States speech. “If Congress does not act, we in our states will act on our own.”

Under a 1992 Supreme Court ruling, states can only compel retailers to collect sales taxes if the businesses have a physical presence in their states. Technically, taxpayers are still required to pay “use” taxes on their remote purchases, but those rules aren’t always followed.

Max Behlke, manager of state-federal relations at the National Conference of State Legislatures, said that state lawmakers are “sick and tired” of Congress’s inaction on sales taxes. States may enact their own laws to try to get the Supreme Court to overturn its earlier ruling or to force Congress to act, he added.

A bipartisan group of Congress members have been working on a legislative fix to the Supreme Court ruling in recent years. 

The Senate passed a version of the Marketplace Fairness Act in 2013, but the bill stalled in the House because House Judiciary Committee Chairman Bob GoodlatteRobert (Bob) William GoodlattePress: Trump's final presidential pardon: himself USCIS chief Cuccinelli blames Paul Ryan for immigration inaction Immigrant advocacy groups shouldn't be opposing Trump's raids MORE (R-Va.) had concerns. A new version of the legislation was put forward in the Senate last year by a group that includes Durbin and Sens. Mike EnziMichael (Mike) Bradley EnziDavis: The Hall of Shame for GOP senators who remain silent on Donald Trump Chamber of Commerce endorses Ernst for reelection Republicans battle over COVID-19 package's big price tag MORE (R-Wyo.) and Lamar AlexanderAndrew (Lamar) Lamar AlexanderDavis: The Hall of Shame for GOP senators who remain silent on Donald Trump Several GOP lawmakers express concern over Trump executive orders The Hill's Morning Report - Presented by the Air Line Pilots Association - Negotiators 'far apart' as talks yield little ahead of deadline MORE (R-Tenn.).

“Senator Enzi is continuing to work with supporters of the Marketplace Fairness Act in the House and Senate to look for opportunities to move the legislation forward,” an Enzi official said.

On the House side, Rep. Jason ChaffetzJason ChaffetzThe myth of the conservative bestseller Elijah Cummings, Democratic chairman and powerful Trump critic, dies at 68 House Oversight panel demands DeVos turn over personal email records MORE (R-Utah) introduced an online sales tax bill in June called the Remote Transactions Parity Act that is similar to the Senate bill but is designed to address some of the concerns with it.

The legislation remains a priority for Chaffetz, and he is working on educating colleagues about the legislation in an effort to get it passed on the House floor, a spokesman for the congressman said 

Goodlatte has suggested an approach to the online sales tax issue that is different from Chaffetz and the senators. He circulated a discussion draft that would tax purchases at the rate of the retailer’s state, rather than the customer’s state, but groups have been critical of it because they believe it may amount to a sales tax increase.

The Obama administration supported the Marketplace Fairness Act when the Senate passed it in 2013 but has not been vocal about the issue.

Republican presidential candidates have a mix of views on the topic.

The three remaining GOP senators in the race — Rand PaulRandal (Rand) Howard PaulWatchdog calls for probe into Gohmert 'disregarding public health guidance' on COVID-19 Massie plans to donate plasma after testing positive for COVID-19 antibodies After trillions in tax cuts for the rich, Republicans refuse to help struggling Americans MORE (Ky.), Marco RubioMarco Antonio RubioDavis: The Hall of Shame for GOP senators who remain silent on Donald Trump Lincoln Project expands GOP target list, winning Trump ire China sanctioning Rubio, Cruz in retaliatory move over Hong Kong MORE (Fla.) and Ted CruzRafael (Ted) Edward CruzRussian news agency pushed video of Portland protestors burning a Bible: report After trillions in tax cuts for the rich, Republicans refuse to help struggling Americans Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump MORE (Texas) — all voted against the Marketplace Fairness Act in 2013.

But New Jersey Gov. Chris Christie, another presidential hopeful, has supported requiring out-of-state online retailers to collect sales taxes from residents of his state, and he thinks that states should each be able to decide whether they want to compel retailers to collect the taxes. 

Meanwhile, Ohio Gov. John Kasich (R), who like Christie is pinning his 2016 hopes on New Hampshire, has supported using the additional sales tax revenue that would result from passage of congressional legislation to lower income taxes in his state.