The impact of the NY advertising tax or the NY Internet sales tax has been devastating for many NY affiliates. I’ve chronicled several of  our stories in the series “Story of NY Affiliates”.  I interviewed and wrote until it became too overwhelming for me. Affiliates lost their entire business, suffered severe financial and emotional stress.

As other states are working on similar legislation we often hear the official numbers of sales tax collected. Last year from June 1 2008 through early December NY claims to have collected around $46 million in additional sales tax revenue from newly registered out of state merchants. This year it is estimated that the figure will surpass $62 million. While other states who are contemplating similar legislation hear these figures, they do not hear the other side – the income tax revenue lost.

Affiliate Summit is conducting an important survey to determine the impact the advertising tax has had on income.  I urge every NY affiliate who was in business last year to take the survey. Impact of NY Advertising Tax / Impact of NY Internet Sales Tax

The results of the survey will be used to help educate legislators on the impact of the new nexus laws. As we continue to work on this critical issue it is important to have a more concrete analysis of the impact. 

Since last year, Affiliate Summit has shown NY affiliates their support. This was clearly demonstrated in many ways. This support included adding the NY Tax Issues and Solutions session at Affiliate Summit East last year even though the deadline had passed and  made sure that NY affiliates were well represented.  Over the past year, many of their podcasts discussed the Internet sales tax issue, they invited me to be a guest to help inform others, they blogged about it and helped disseminate information as we uncovered it. Throughout the year they have shown us support; it is now time to give back. NY affiliates need to complete the survey. Results will help us as we continue to fight for repeal and reinstatement to hundreds of programs. Every NY Affiliate Voice matters!

Please, New York Affiliates,  help Affiliate Summit help us.

Complete the survey –  Affiliate Summit – Impact of  NY Advertising Tax Survey

Although small in physical size, Rhode Island now has, and will continue to have a tremendous impact on everyone in the Internet marketing industry. The Rhode Island Internet tax has taken effect, joining New York which passed similar legislation last year. By redefining the definition of retailer, they are taking a firm and tough stance. While the Governors in Hawaii, Minnesota and California backed down for a variety of reasons, Rhode Island is leading the way for other states. While the number of affiliates affected may be small in number, the repercussions will be felt by everyone in the affiliate industry. Judging by my emails this morning the actions of Rhode Island is a big wake up call for many.

Rhode Island was a critical State. While we were lucky in other states and received what will be at best a temporary reprieve with last minute actions by Governors, Rhode Island will mark the turning point. Last year we tried to stress that Internet tax legislation will steam roll, every state legislator and Governor had their eyes on NY; some were quiet but all were watching. In January, with Amazon and Overstock losing their initial court actions we saw several states put more energy into legislation. Rumors in almost every state with a sales and use tax point to possible legislation. Rhode Island will be a large part of the story.

Last year, the NY Internet tax took effect on June 1. As reported here and as part of the testimony presented in committee meetings on Hawaii, Connecticut and other states, NY collected $42-46 million from thirty or so out of state merchants during the last part of 2008. This year, the first full year of NY Internet sales tax, the anticipation is for $62 million. Whether or not you believe the figures almost doesn’t matter, this is the testimony being provided to legislative committees around the US.  This in itself fills many politicians with glee. It’s a way to help plug holes in budgets. Since they can say “it’s not a new tax because consumers owe it anyway, it’s just the method of collecting that is changing”,  legislators can remain on record as opposing new taxes. Legislators that support bills to redefine or modernize the definition of retailer will be seen as supporting the small brick and mortar stores in their state. Of course the impact on the “silent” small business person (that’s us!) are not considered to a significant degree.

Up until this year, many considered Internet sales tax as a NY issue, a NY problem. Internet sales tax was just NY being NY, the big tough bully state picking on out of state merchants. Losing several thousand affiliates wasn’t a big deal. Besides, everyone was watching the court action thinking “that will save us”. Well, court action did not save us and though being appealed, any resolution is probably years away.

It is no longer just a big bully state like NY that is seeking to impose the tax. Now it’s a little state with a big voice standing up to larger than life merchants saying collect the tax!

So far this year we missed Internet sales tax in Minnesota and California by the skin of our teeth. (Keeping a close eye on California as legislation is again pending in it’s fourth version.) Hawaii was very close too, with the Governor vetoing on the day the law was to take effect. (Still watching to be sure legislators don’t override the veto). 

North Carolina has Internet sales tax in it’s pending budget.  Opinions vary, but passage appears likely. Many other states have considered or are considering new nexus laws – Maryland, Connecticut, Tennessee,  Texas, Illinois…  With all of this pending or proposed legislation Rhode Island will have huge impact. It is not just one state any more, it is two, maybe soon it will be three or more. Next year expect many more to follow in the steps of Rhode Island.

I have long said that NY was just the beginning and that it would steam roll. Each successive state passing legislation gives incredible power to the new movement. It’s an exponential increase. Rhode Island seems to have been a loud wake up call for many. Seems like while it was possible to ignore the big state of New York, Rhode Island is impossible to ignore.

Now, more than ever we need to be proactive. Now more than ever, affiliates need to prepare. Merchants too, will need to exercise sound judgement as they decide their own course of action.

As May 31 is approaching,  many New York affiliates will begin to receive requests to sign the annual “proof of compliance” certificates I wanted to pass along some information I received.  According to our lawyer’s office, the New York State Tax Department is requesting that a line be added to the annual certifications. The line to be added is -
“This certification and all information herein is subject to verification and audit by the New York State Tax Department.”  While it should be evident that this is the case, NYS requests it be made perfectly clear.

I have updated the documents on line to reflect this request.  Please see the revised version of the Letter to Merchants  explaining the law and the ability to rebut. I have also updated the Sample Documents on How to Rebut the Nexus in NY.  Remember these documents are a guide, please consult your own sales tax attorney.

To read more about how to implement the documents and Three Step Solution please see the following posts:

Rebut the Nexus in NY  Step 1

Rebut the Nexus in NY Step 2

Rebut the Nexus in NY Step 3