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Summary and Support List - Marketplace Fairness Act

Summary and Support List - Marketplace Fairness Act

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Published by Beverly Tran
The Marketplace Fairness Act would allow local Main Street retailers to compete on a level playing field against out-of-state Internet retailers, give states the ability to enforce their own sales and use tax laws reducing the need to raise taxes, and relieve consumers of the legal burden to report to state tax departments the sales taxes they owe on online purchases. This bill does not create new taxes or increase existing taxes.
The Marketplace Fairness Act would allow local Main Street retailers to compete on a level playing field against out-of-state Internet retailers, give states the ability to enforce their own sales and use tax laws reducing the need to raise taxes, and relieve consumers of the legal burden to report to state tax departments the sales taxes they owe on online purchases. This bill does not create new taxes or increase existing taxes.

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Published by: Beverly Tran on Feb 17, 2013
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 The Marketplace Fairness Act
 The Marketplace Fairness Act would allow local Main Street retailers to compete on a levelplaying field against out-of-state Internet retailers, give states the ability to enforce their ownsales and use tax laws reducing the need to raise taxes, and relieve consumers of the legal burdento report to state tax departments the sales taxes they owe on online purchases. This bill
does not
 create new taxes or increase existing taxes.
Background
 The Supreme Court held in its 1992
Quill
that only Congress has the authority to regulateinterstate commerce under the Commerce Clause and the current maze of state and local salestax rules is too complicated to require remote retailers to collect sales taxes. The result is thatstates and local governments are prohibited from enforcing existing sales and use tax laws on thegrowing number of out-of-state sales. The Marketplace Fairness Act allows states and local governments, if they so choose, to enforceexisting state and local sales and use tax laws if they simplify sales and use tax administrationand collection and exempt small online retailers from collection requirements. The bill wouldlevel the playing field for Main Street businesses that are currently at a competitive disadvantagebecause they must collect sales and use taxes while a growing number of remote retailers do not.It would provide a pathway for states and localities across the country to collect an estimated $23billion annually in uncollected tax revenue to balance their budgets by collecting taxes alreadyowed instead of increasing taxes or cutting vital services.
Marketplace Fairness Act
 The bill provides states the authority to enforce existing sales and use tax laws, if they choose todo so, by adopting one of the following options:
 
Streamlined Sales and Use Tax Agreement (SSUTA):
Allows any state that is amember of SSUTA to require remote retailers to collect state and local sales and usetaxes.
 
Alternative Minimum Simplification Requirements:
States that are not SSUTAmembers may require remote retailers to collect state and local sales and use taxes if theyadopt minimum simplification requirements as outlined in the bill.
Small Seller Exception:
The legislation would prohibit states from requiring remote sellers withless than $1 million in annual nationwide remote sales to collect sales and use taxes.
 The legislation does not create new taxes or increase existing taxes:
Consumers already owesales and use taxes on the goods they purchase. The legislation simply provides states theauthority to enforce existing state and local sales and use tax laws and eliminates the competitiveadvantage currently enjoyed by remote retailers at the expense of local businesses. The bill is supported by over 200 business, labor, and state and local government organizationsincluding the National Governors’ Association, National Conference of State Legislatures,National Association of Counties, National League of Cities, Retail Industry LeadersAssociation, National Retail Federation, International Council of Shopping Centers,Amazon.com, and AFSCME.
 
Marketplace Fairness Act of 2013List of Support
Abbell AssociatesAcadia Realty TrustAFSCMEAlabama College Bookstore AssociationAlabama Retail AssociationAlaska State Veterinary Medical AssociationAlliance of Wisconsin RetailersAmazon.comAmerican Apparel and Footwear AssociationAmerican Booksellers AssociationAmerican Independent Business AllianceAmerican Specialty Toy Retailing AssociationAmerican Veterinary Medical AssociationArizona Retailers AssociationArkansas Grocers & Retail Merchants AssociationAssociation for Christian RetailAssociation of Washington BusinessAutoZone, Inc.Balliet's LLCBarnes and Noble, Inc.Bealls, Inc.Bed, Bath, & Beyond, Inc.Ben Bridge JewelersBest Buy Co., Inc.Blake Hunt Ventures, Inc.Build-A-Bear WorkshopCalifornia Association of College StoreCalifornia Business Properties AssociationCalifornia Retailers AssociationCalifornia Veterinary Medical AssociationCarolinas Food Industry CouncilCBL & Associates Properties, Inc.Cencor Realty ServicesCertified Commercial Investment Member InstituteCollege Stores Association of North CarolinaColorado Retail CouncilColorado Veterinary Medical AssociationConnecticut Retail Merchants AssociationConsumer Electronics AssociationConsumer Electronics Retailers CoalitionDavid Hocker & Associates, Inc.DDR Corp.Delaware Veterinary Medical Association
 
Dick's Sporting Goods, Inc.DLC Management Corp.Donahue Schriber Realty GroupEconomic Alliance Snohomish CountyEDENSEvergreen Devco, IncExOfficioFairfield CorporationFederal Realty Investment TrustFedTaxFlorida Retail FederationFood Marketing InstituteFootwear Distributors and Retailers of AmericaGarrison Pacific PropertiesGeneral Growth PropertiesGeorgia Association of College StoresGeorgia Retail AssociationGeorgia Veterinary Medical AssociationGlimcher Realty Trust, Columbus, OHHart Realty Advisers, Inc.Hy-Vee, Inc.Idaho Retailers AssociationIdaho Veterinary Medical AssociationIllinois Association of College StoresIllinois Retail Merchants AssociationIllinois State Veterinary Medical AssociationIndependent Running Retailer AssociationIndiana Retail CouncilIndiana Veterinary Medical AssociationInstitute of Real ManagementInternational Council of Shopping CentersInternational Downtown AssociationInternational Economic Development CouncilIowa Retail FederationIowa Veterinary Medical Association J.C. Penney Corporation, Inc. Jewelers of America Jo-Ann Stores, Inc.Kemper Development CompanyKentucky Retail FederationKentucky Veterinary Medical AssociationKimco Realty CorporationL. Michael Foley and Associates, LLCLimited Brands, Inc.Los Angeles Area Chamber of CommerceLouisiana Retailers Association

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