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Copyright 2000 The Washington Post  
The Washington Post

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March 21, 2000, Tuesday, Final Edition

SECTION: FINANCIAL; Pg. E01

LENGTH: 772 words

HEADLINE: Proposals Seek Delay Of Internet Sales Tax

BYLINE: John Schwartz , Washington Post Staff Writer

DATELINE: DALLAS, March 20

BODY:




The majority of a congressionally appointed Internet taxation panel called today for a moratorium on Internet taxes, simplification of a patchwork of state sales taxes, and elimination of the 3 percent federal excise tax on telecommunications services. But it was unclear whether any of the votes on these issues would matter.

Opponents of the package of proposals argued that it lacked the "supermajority" of votes that Congress demanded before the Advisory Commission on Electronic Commerce could submit recommendations.

Even as the nation's retailers and state and local politicians argued that keeping the Internet a tax-free zone would wreck Main Street and weaken the ability of local governments to provide basic services, the members of the commission spent much of the day in pitched battles over procedural points.

"I've never spent so much time on rules since I was on student council," complained an exasperated C. Michael Armstrong, chairman and chief executive of AT&T Corp. and a member of the commission.

This is the fourth and final meeting of the commission, a 19-member body formed as part of the Internet Tax Freedom Act of 1998 to make recommendations to Congress about taxation on the Internet. The group is scheduled to deliver its report before April 21.

But members of the panel have so far been unable to amass the 13 super-majority votes on any issue the law requires before the group can make recommendations.

After a testy confrontation with commission member Mike Leavitt (R), the governor of Utah, the commission's chairman, Virginia Gov. James S. Gilmore III (R), said the panel would deliver a report to Congress based on proposals that gained a simple majority of votes.

The group then voted in favor of a proposal submitted by the members of the commission representing online businesses. That proposal would extend the current three-year ban on new taxes on Internet access or moves to single out Internet transactions for special taxes for another five years, and would eliminate a decades-old federal telephone tax.

Representatives of the Clinton administration declined to vote on any proposal, saying that the commission had strayed from its original goal of finding broad agreement on Internet taxation issues. "We looked forward to supporting one package that had consensus support," said Andrew Pincus, general counsel of the Department of Commerce. "We felt that without that real consensus there couldn't be that support."

Local officials and traditional retailers oppose the online business plan, saying that it gives Internet-based companies a dangerous advantage over traditional retailers.

"I consider this to be the most serious threat we've faced in the 34 years I've represented this industry," said Mickey Moore, president of the Texas Retailers Association. Representatives from Tandy Corp., Wal-Mart Stores Inc. and smaller retailers said at a news conference before the commission meeting that allowing Internet-based companies to sell their wares without collecting sales taxes will hurt traditional "bricks and mortar" retailers.

Even those big retailers that hope to profit from Internet sales said they, too, will lose business because they are required to collect sales taxes in any state where they have stores. This question of how to define "nexus"--a company's physical presence in a state for the purposes of taxation--is one of the thorniest issues remaining before the commissioners.

The commission spent more than two hours in closed-door negotiations to consider an alternate proposal from the Leavitt-led group, but Gilmore said any movement away from the online business proposal was unlikely.

"If I were the pro-tax group, I would take this and live to fight another day,' " Gilmore said to reporters outside the ballroom. Even if the Leavitt-led group did come up with a tax proposal, Gilmore said, "I would not support it, the commission would not support it and I believe a majority of the American people would not support it."

Lisa Cowell, executive director of the pro-tax E-Fairness Coalition, said some elements of the proposals would lead to absurd results. She cited a recommendation that taxes be dropped not only on goods that are delivered electronically, such as music, software and articles delivered over the Internet, but also the physical versions of those products--such as magazines, CDs and shrink-wrapped software programs.

"This proposal just exempted from taxation Hustler magazine while continuing to require people to pay taxes on shoes and food for their children," Cowell said.



LANGUAGE: ENGLISH

LOAD-DATE: March 21, 2000




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