NY top court OKs tax on online sellers like Amazon

March 28, 2013

New York's highest court has ruled the state can collect sales tax from out-of-state retailers, rejecting claims by Amazon.com and Overstock.com that the tax violates the U.S. Constitution's Commerce Clause.

The says in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state.

Taxes apply when the online retailers generate at least $10,000 in annual sales to New Yorkers from in-state websites that earn commissions by bringing in potential customers.

Amazon.com, with corporate offices in Washington state, has an "Associates Program" where others put such links on their websites.

Overstock.com, based in Utah, suspended its similar "Affiliates" program in New York after the state statute was enacted.

Calls to their lawyers were not immediately returned.

Explore further: Amazon cuts off California affiliates

0 shares

Related Stories

Amazon cuts off California affiliates

June 30, 2011

(AP) -- Amazon.com Inc. and much smaller Overstock.com Inc. are cutting off their advertising affiliates in California because of a new state rule forcing online retailers to collect sales tax there.

Amazon to cut off California-based Web affiliates

June 30, 2011

(AP) -- Amazon.com Inc. said Wednesday that it will stop working with online affiliates based in California since the state passed a new rule that forces online retailers to collect sales tax there.

Amazon wants voters to decide on tax collection

July 12, 2011

(AP) -- Amazon.com Inc. wants California voters to decide whether to overturn a new law that forces online retailers to collect sales taxes there, setting the stage for a potentially high-dollar ballot fight next year that ...

Mall giant sues Indiana to tax Amazon.com sales

November 4, 2011

(AP) -- Shopping mall giant Simon Property Group sued the Indiana Department of Revenue on Thursday to try to force it to collect taxes from Amazon.com Inc. for all sales made in the state.

Amazon says gets OK for Calif sales tax referendum

July 19, 2011

(AP) -- Amazon.com Inc. says the California Attorney General's Office has approved its petition for a referendum that would let voters decide whether to overturn a new law that forces online retailers to collect sales taxes ...

Recommended for you

Samsung to disable Note 7 phones in recall effort

December 9, 2016

Samsung announced Friday it would disable its Galaxy Note 7 smartphones in the US market to force remaining owners to stop using the devices, which were recalled for safety reasons.

Swiss unveil stratospheric solar plane

December 7, 2016

Just months after two Swiss pilots completed a historic round-the-world trip in a Sun-powered plane, another Swiss adventurer on Wednesday unveiled a solar plane aimed at reaching the stratosphere.

Solar panels repay their energy 'debt': study

December 6, 2016

The climate-friendly electricity generated by solar panels in the past 40 years has all but cancelled out the polluting energy used to produce them, a study said Tuesday.

0 comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.