Internet Tax Bill passed in Illinois

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  • Prometheus

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    Jan 20, 2008
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    Standing and ability...

    I've seen some good legal opinions that since Amazon does not have a presence of any sort in IL that Amazon could ignore the law.

    IL would have to file suit against amazon out of state, i.e. they couldn't get bring a successful suit against Amazon in an IL court base don venue and it'd be virtually impossible for any judge in WA to allow a suit in a WA court over a IL crime.

    Thats a bit of a jumbled summary of some very technical legal language so if I put something out of order, don't hold me to it, it's late and I'm sleepy and I'm not a attorney.
    ;)
     

    jedi

    Da PinkFather
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    Oct 27, 2008
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    Yup cause it worked so well for NY! Good luck IL trying to collect the taxes from amazon. BTW Amazon and Overstock.com got the appeals court to re-instate their case regarding NY's law being unconstitutional.

    N.Y. appeals court revives Amazon's sales tax suit | Politics and Law - CNET News

    Suspect that this case NY vs Amazon will eventually land at the supreme court and rule in favor of amazon.

    Only reason all these states are doing this, especially IL, is because they have not been able to balance their budgets and instead of cutting the budget they are going after more taxes. The latest out of IL is a proposed 75% tax increase to help with the state budget.
     

    lashicoN

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    As the grip gets tighter, more and more slip through.

    IL is on the ropes and they are grasping for whatever they can. :laugh:

    We will be 50 different states again, sooner or later.
     

    Indy_Guy_77

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    Standing and ability...

    I've seen some good legal opinions that since Amazon does not have a presence of any sort in IL that Amazon could ignore the law.

    IL would have to file suit against amazon out of state, i.e. they couldn't get bring a successful suit against Amazon in an IL court base don venue and it'd be virtually impossible for any judge in WA to allow a suit in a WA court over a IL crime.

    Thats a bit of a jumbled summary of some very technical legal language so if I put something out of order, don't hold me to it, it's late and I'm sleepy and I'm not a attorney.
    ;)


    This is pretty much what I'd read before the holidays when this stuff is brought up every year.

    It'd be kind of like making someone in IN pay a speeding fine to IL, when they were caught speeding in IN driving a car having a tank of gasoline that was purchased in IL.

    I just don't see how a law in effect in IL can affect a corporation in Timbuktu.
     

    sloaba01

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    Yea, I don't see how IL would be able to win that one. Its a sign of the times that they would try and charge an internet company taxes.
     

    hornadylnl

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    Just a few weeks ago, everybody here was saying that the Wikileaks guy was under US law for committing crimes in another country. They argued that our laws covered him and he should be disappeared. I wonder if they will show up here defending the state of Illinois in this case.
     
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    i have mixed feelings bout this.

    sure you buy something a blender from amazon and save 25 dollars over retail, but that guy at the appliance store down the road, struggling to feed his family, you're just pushing one more step twoards shutting more and more buisiness down and putting more people out of work.
     

    PatriotPride

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    Feb 18, 2010
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    i have mixed feelings bout this.

    sure you buy something a blender from amazon and save 25 dollars over retail, but that guy at the appliance store down the road, struggling to feed his family, you're just pushing one more step twoards shutting more and more buisiness down and putting more people out of work.

    Bottom line---IL has no AUTHORITY to levy a tax such as this. I think it's a stretch to say that buying online is shutting down businesses. Businesses who fail to adapt to a changing climate will fail, and that's a good thing.
     
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    i guess im glad i haven't turned into a complete social loon yet, i still enjoy going out to stores and having human interaction.
     

    mrjarrell

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    i guess im glad i haven't turned into a complete social loon yet, i still enjoy going out to stores and having human interaction.
    I don't mind going to stores, either. But I'd rather save money in order to better my families buying power. A penny saved is a penny earned used to mean something. Still does to some of us. If the guy in the store will match an online price that's better I'd be happy to do business with him. If not, well...that's going to be his loss, not mine.
     

    2cool9031

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    Mar 4, 2009
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    Add in the 75% increase in their income tax and things are just looking ducky over there, huh?


    Seems like sheer desperation over in Illinois....Instead of cutting spending, they will just have the people pay for it.
    I am glad I don't live there anymore...but the bad part is I still work there and they will be taking more of my hard earned money.
     

    Hawkeye

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    No reason that Amazon should not be collecting and paying over the Illinois sales/use tax. If they don't, their customers owe the tax to the State anyway and Amazon clearly has the ability to do this. That's just a tax attorney speaking though.
     

    Tryin'

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    Nov 18, 2009
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    No reason that Amazon should not be collecting and paying over the Illinois sales/use tax. If they don't, their customers owe the tax to the State anyway and Amazon clearly has the ability to do this. That's just a tax attorney speaking though.

    Seems like a waste of private resources to me.
     

    level.eleven

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    There is no such thing as a sales tax. Its a buyers tax. The person selling the good does not pay a tax, the person purchasing the good pays the tax. Sure, its simply semantics, but I think it is important none the less.

    What we have here, is a case of new technology meeting up with old law. There will have to be many decisions made regarding emerging technologies and the law. Another example would be the cell phone issues we saw posted here days ago. the unfortunate part is that many of the people that will be ruling on this new technology do not understand its importance to the future...heck, most don't understand how it even works. Think..."set of tubes".
     
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