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Member: Dec-10-1996
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8. Judge strikes down Illinois' 'Amazon tax'

Nov-07-2012 at 04:01 AM (UTC+3 Nineveh, Assyria)

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Last edited on 11/07/2012 at 04:06 AM (UTC3 Assyria)
 
Judge strikes down Illinois' 'Amazon tax'
By John Pletz. Crain's Chicago Business. April 25, 2012.

(Crain's) — A Cook County Circuit judge ruled against the state of Illinois in its attempt to tax online sales from out-of-state companies.

“It's a victory for us and the small online businesses in Illinois. We figure a third went out of business, a third went out of state and a third saw their revenue decline. These businesses should be able to come back or rebuild their businesses.”

-- Rebecca Madigan

Judge Robert Lopez Cepero today ruled that the 2011 law doesn't pass muster because simply having an affiliated company in the state that makes sales or refers customers to an online retailer doesn't create enough of a presence, or nexus, for tax purposes.

He also ruled that the Illinois law is unenforceable because of a federal Internet tax moratorium that runs through 2014.

The law, often referred to as the "Amazon tax," was an attempt by Illinois to collect sales taxes from out-of-state online merchants such as Amazon for sales made to customers here. The state estimates about $169 million in potential revenue goes uncollected annually, and traditional retailers have long pressed for taxation of online-only rivals as a way to level the playing field between them.

The law caused affiliates that did business with Amazon.com, including CouponCabin, Brad's Deals and FatWallet.com, to relocate operations to Indiana, Ohio and Wisconsin, respectively.

“CouponCabin is thrilled to hear the news about the affiliate tax being declared invalid in Illinois," the firm's CEO, Scott Kluth, said in a statement. He added that "CouponCabin continues to strongly support a federal solution to the taxation of all online transactions." But the company told Crain's it's too early to decide whether to move employees back from Indiana.

The lawsuit was brought by the Performance Marketing Association, a Los Angeles-based trade group that represents online advertising sites.

"It's a victory for us and the small online businesses in Illinois," said Rebecca Madigan, executive director of the association, who estimates there were 9,000 online affiliate marketers when the law passed. "We figure a third went out of business, a third went out of state and a third saw their revenue decline. These businesses should be able to come back or rebuild their businesses."

“We respectfully disagree with the court's ruling and are reviewing our appeal options with the attorney general's office," a spokeswoman for the State Department of Revenue said. "We need to protect ‘brick and mortar' stores from an unlevel playing field and we need to recoup some of the estimated $153 million that was not paid by online merchants prior to the law being implemented.”

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 Amazon.com and Illinois affiliate websites [View All], Atouradmin, 11:56 PM, Mar-27-2011, (0)  

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Assyria \ã-'sir-é-ä\ n (1998)   1:  an ancient empire of Ashur   2:  a democratic state in Bet-Nahren, Assyria (northern Iraq, northwestern Iran, southeastern Turkey and eastern Syria.)   3:  a democratic state that fosters the social and political rights to all of its inhabitants irrespective of their religion, race, or gender   4:  a democratic state that believes in the freedom of religion, conscience, language, education and culture in faithfulness to the principles of the United Nations Charter — Atour synonym

Ethnicity, Religion, Language
» Israeli, Jewish, Hebrew
» Assyrian, Christian, Aramaic
» Saudi Arabian, Muslim, Arabic
Assyrian \ã-'sir-é-an\ adj or n (1998)   1:  descendants of the ancient empire of Ashur   2:  the Assyrians, although representing but one single nation as the direct heirs of the ancient Assyrian Empire, are now doctrinally divided, inter sese, into five principle ecclesiastically designated religious sects with their corresponding hierarchies and distinct church governments, namely, Church of the East, Chaldean, Maronite, Syriac Orthodox and Syriac Catholic.  These formal divisions had their origin in the 5th century of the Christian Era.  No one can coherently understand the Assyrians as a whole until he can distinguish that which is religion or church from that which is nation -- a matter which is particularly difficult for the people from the western world to understand; for in the East, by force of circumstances beyond their control, religion has been made, from time immemorial, virtually into a criterion of nationality.   3:  the Assyrians have been referred to as Aramaean, Aramaye, Ashuraya, Ashureen, Ashuri, Ashuroyo, Assyrio-Chaldean, Aturaya, Chaldean, Chaldo, ChaldoAssyrian, ChaldoAssyrio, Jacobite, Kaldany, Kaldu, Kasdu, Malabar, Maronite, Maronaya, Nestorian, Nestornaye, Oromoye, Suraya, Syriac, Syrian, Syriani, Suryoye, Suryoyo and Telkeffee. — Assyrianism verb

Aramaic \ar-é-'máik\ n (1998)   1:  a Semitic language which became the lingua franca of the Middle East during the ancient Assyrian empire.   2:  has been referred to as Neo-Aramaic, Neo-Syriac, Classical Syriac, Syriac, Suryoyo, Swadaya and Turoyo.

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