Conference Task Force Holds First Meeting and Public Hearing on Electronic Commerce and Internet Technology By Larry Jones
At their first meeting, members of the U.S. Conference of Mayors Task
Force on Electronic Commerce and Internet Technology heard testimony from
numerous witnesses on November 16 on a variety of critical topics of
interest to local governments. Most of the time was spent hearing
testimony and questioning witnesses on proposals to simplify state and
local sales tax systems so they can be easily applied to electronic
commerce and remote sales. Members also examined several other key areas
including using electronic commerce to generate economic development,
using technology to improve the delivery of public services and finding a
solution to the digital divide. The task force was appointed by Conference
president and Denver Mayor Wellington to examine these issues and assist
the Conference by recommending ways to address them. At the beginning of the meeting, Washington, D.C. Mayor Anthony A.
Williams, who chairs the task force, told members that "online shopping is
a revolutionary convenience for our citizen and it can be a tremendous
engine of economic growth but it posses a challenge to the old ways of
regulation and the old ways of taxation." He went on to say "our current
tax system is based on 19th century economic assumptions, while billions
and billions of dollars are being spent in 21st century cyberspace." With projections that business-to-consumer sales via electronic
commerce will surpass $184 billion by 2004, Mayor Williams, like many
other state and local officials, is concerned that state and local
governments will lose billions in revenue as more people go online to
purchase goods and services tax free. While sales or use taxes are usually
owed on most sales regardless of whether they take place over the counter
at a local store, or over the telephone or Internet, two Supreme Court
decisions prohibit state and local governments from imposing a duty on
out-of-state companies to collect their sales taxes. Consequently, state
and local governments can compel local merchants located within their
borders to collect their sales taxes but not those physically located in a
different state. With the advent of the Internet, merchants can locate in
cyberspace or physically locate in the non-sales tax states (Alaska,
Delaware, Montana, New Hampshire Oregon) and sell to customers in all
other states while avoiding tax collection requirements. "Now why should we be concerned," asked Mayor Williams. "Because sales
taxes are a vital source of revenue for our schools and for our local
government. Here in the District, more than 20 percent of our revenue
comes from sales taxes and that's overall revenue. If you look at local
based revenue, it's about a third." If the Internet continues to allow tax
free purchasing, Mayor Williams said state and local governments could
lose an estimated "ten billion per year by 2003 in uncollected sales taxes
on Internet and mail order sales." To address this problem, Mayor Williams offered three basic principles
to guide the task force in developing recommendations for the Conference:
(1) tax fairness-all sales transactions should be treated equal,
regardless of whether they are completed at a retail store, over the
Internet, by mail or over the telephone; (2) federalism-no federal action
should preempt the authority of state and local government and their
ability to determine their own tax policies; and (3) tax
simplification-state and local governments must simplify their sales tax
systems so they can be easily applied to all transactions. Ray Sheppach, executive director of the National Governors'
Association, discussed with task force members a proposal for streamlining
and simplifying state and local sales tax systems. This proposal, called
the Streamlined Sales Tax System for the 21st Century, has been endorsed
by the Conference and other state and local groups. It has also been
submitted jointly by state and local groups to the Advisory Commission on
Electronic Commerce as a recommendation that the groups would like to see
submitted to Congress next April. The proposal calls for a radical simplification of state and local
sales tax systems by removing all burdens on out-of-state or remote
sellers to collect sales and use taxes. Under the proposal a "Trusted
Third Party" (TTP) (such as a credit card company) would be set up to
handle these transactions. During a transaction over the Internet, the TTP
would collect the payment from remote sales and remit to the seller the
cost of the goods and to the state and local governments, the appropriate
sales taxes. This would be strictly a voluntary system with incentives for
state and local governments as well as merchants to participate. The
software that merchants would need to implement the system and the TTP
would be paid for by state and local governments. David Smith, senior corporate counsel with Walmart told members of the
task force that "it's fundamentally unfair to tax identical transactions
differently based on the medium of communication between the purchaser and
the seller." Smith said his company is seeking a level playing field. He
said "many Internet retailers do not collect sales and use taxes. This
puts Walmart and other bricks and mortar retailers at a competitive
disadvantage in the states that impose a sales tax." While Smith called
for a level playing field, he said this can not not be achieved without a
simplification of sales taxes. Jackson Mayor Harvey Johnson, a task force member and former state tax
commissioner, said "...it seems now that this new electronic movement that
we're in is driving the need for uniformity, for fairness, for tax
fairness on remote sales throughout the country." Lincoln Mayor Don
Wesley, also a member of the task force and a former state senator, said
in order for cities to meet the future needs of their citizens in "we have
to find a solution to this problem. So I am pleased to see this coming
together of ideas and minds to try to solve this basic problem." |
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