California Internet sales tax bill faces long odds

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Interstate Commerce Clause

Looking at the Constitution it is readily apparent that the Federal government, not California, holds the authority to regulate and tax interstate commerce.

California, and the other 49 states, may tax all in-state transactions to their heart's content but they may not regulate or tax commerce that crosses state lines.

Now, if iTunes or other internet vendors have a physical presence in California, say a store or a data center, then sales from that company to California residents would be considered in-state and could be taxed.

Here is Wisconsin we have a ridiculous "use tax" for articles purchased via the internet (or for you older folks by mailorder). Theoretically the State of Wisconsin is not taxing the interstate aspect of the purchase, rather they are taxing your "use" of the item after it arrives in the state. Funny, Wisconsin does not tax the "use" of articles purchased in-state for which a state sales tax was paid.

Posted by: taxed2death   Posted on: 03/17/08 You are currently: a Guest | Members login | Terms of Use

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