1. This proposal brings clarity and
certainty to the collection of sales taxes by creating a uniform
jurisdictional standard.
2. Under this proposal merchants may be
required to collect sales taxes only by those states where they
have a substantial physical presence, consistent with the
established tax base and definitions of those states.
3. This proposal protects businesses in
one state from being subject to the auditing and reporting
requirements of those states in which it has no substantial
physical presence.
4. This proposal permanently bans taxes
on Internet access, and suggests no new taxes or collection
schemes for e-commerce.
5. This proposal does not leave the net
tax burden on consumers unchanged. Rather, it reduces
the net tax burden on consumers by repealing the 3% federal excise
tax on telecommunications, ending the discriminatory ad valorem
taxation of interstate telecommunications, and ending above-cost
fees for telecommunications infrastructure installed along
right-of-ways.
6. The proposal does impose any tax,
licensing or reporting requirement, collection obligation or other
obligation or fee on parties other than those with a physical
presence in a particular state or political subdivision.
7. By prohibiting discriminatory taxes
on electronic commerce, the proposal would help spur the continued
growth of the Internet sector which, in turn, should provide
continued tax revenues for governments and more than offset any
losses from the proposed prohibition of sales taxes.
8. This proposal guarantees no
collection burdens for sellers where they lack nexus, a provision
that would especially benefit small and start-up businesses. The
proposal also recommends that states simplify tax collection
procedures for businesses with nexus in multiple
jurisdictions.
9. This proposal does not change
current tax liability of consumers and ensures that sales will be
taxed only by a single jurisdiction.
10. To ensure private parties are
protected from governments that exist where the parties have no
representation, this system maintains the constitutional principle
that only merchants with a substantial physical presence in a
state may be subject to its tax collection schemes.
11. This proposal would help sustain
and further America's position as a global leader in the Internet
sector and boost the overall competitiveness of all U.S. companies
by ensuring they are not subjected to burdensome and
discriminatory taxes on electronic commerce.
12. This proposal can be scaled to the
international level.
13. Many of America's trading partners
have extremely burdensome, anti-consumer tax imposition and
collection regimes. This proposal in no way seeks to imitate those
systems. This proposal seeks to "conform" to the United States
Constitution, and its guidelines concerning interstate
commerce.
14. The proposal is technologically
feasible, and no new technology is required.
15. The proposal permanently protects
the privacy of purchasers.
16. The proposal respects the
sovereignty of states and Native Americans.
17. Local government autonomy is
protected to the maximum extent possible while ensuring that taxes
do not substantially interfere with interstate commerce.
18. Finally, the proposal is
constitutional.