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 DurbinMcConnell focuses on confirming judicial nominees with COVID-19 talks stalled Senate Republicans signal openness to working with Biden Top GOP senator calls for Biden to release list of possible Supreme Court picks MORE (D-Ill.), Mike EnziMichael (Mike) Bradley EnziCynthia Lummis wins GOP Senate primary in Wyoming The Hill's Convention Report: Democrats gear up for Day Two of convention Davis: The Hall of Shame for GOP senators who remain silent on Donald Trump MORE (R-Wyo.) and Lamar AlexanderAndrew (Lamar) Lamar AlexanderTrump health officials grilled over reports of politics in COVID-19 response Now is the time to renew our focus on students and their futures CDC says asymptomatic people don't need testing, draws criticism from experts 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 BaucusBottom line Bottom line The Hill's Morning Report - Presented by Facebook - George Floyd's death sparks protests, National Guard activation 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 AyotteBottom line Bottom line Bottom Line 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 BluntOn The Money: Trump undercuts GOP, calls for bigger COVID-19 relief package | Communities of color hit hardest financially by COVID-19 | Businesses, states pass on Trump payroll tax deferral Trump undercuts GOP, calls for bigger COVID-19 relief package Businesses, states pass on Trump payroll tax deferral MORE (R-Mo.) and Al FrankenAlan (Al) Stuart FrankenPeterson faces fight of his career in deep-red Minnesota district Getting tight — the psychology of cancel culture Tina Smith wins Democratic Senate primary in Minnesota 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.