Please ensure Javascript is enabled for purposes of website accessibility
Walters: Sales Tax Bite Looms for Internet Consumers
dan_walters
By Dan Walters, CalMatters Commentary
Published 6 years ago on
March 14, 2019

Share

There’s nothing new about ordering merchandise from the comfort of one’s home and having it delivered to the doorstep.

Opinion

Dan Walters
CALmatters Commentary

One of the advantages catalog and Internet shoppers enjoyed was an implicit exemption from the state and local sales taxes that stores had to collect — offset, of course, by any delivery costs.

Generations of Americans — especially those living in isolation on farms and ranches — pored over the inches-thick catalogs that Sears and Roebuck, Montgomery Ward and other retailing behemoths issued each year. 

During their heydays in the late 19th and early 20th centuries, mail-order firms offered almost every necessity and luxury, even prefabricated houses and automobiles. Sears briefly sold a car it called the “Allstate.”

Mail-order sales waned in the post-World War II era, as thousands of shopping centers popped up all across America and new mega-retailers such as Wal-Mart became dominant.

We’re now seeing the third wave of retail business — shopping via the Internet — that is a refined version of the old catalog era and is killing brick-and-mortar stores. Several new companies, such as Carvana, even allow you to buy a used car on the Internet and have it delivered to your door.

One of the advantages catalog and Internet shoppers enjoyed was an implicit exemption from the state and local sales taxes that stores had to collect — offset, of course, by any delivery costs.

As Practical Matter They Couldn’t Be Enforced

Although technically California’s stay-at-home buyers were required to report their purchases from out-of-state vendors and pay “use taxes,” identical to sales taxes, those generated almost nothing because as practical matter they couldn’t be enforced. A 1992 U.S. Supreme Court decision declared that if sellers didn’t have “physical presences” such as stores in a state, it could not force them to collect taxes.

While conventional retailers and state and local officialdom fumed about the largely tax-free nature of burgeoning Internet commerce, the situation began to change early in Jerry Brown’s second governorship. Amazon, which wanted to build several gigantic warehouses in California to fill orders, agreed to collect sales taxes after long and complicated negotiations.

The big change, however, occurred last year when the U.S. Supreme Court reversed its earlier decision and declared that state and local government could tax Internet sales from sellers meeting certain sales thresholds.

The California Department of Tax and Fee Administration (CDTFA) began drafting new regulations to implement the decision, which are to take effect April 1.

Californians Will Begin Paying Sales Taxes Internet Items

Meanwhile, state legislators and state Treasurer Fiona Ma are fast-tracking a bill that would impose a looser requirement, exempting smaller Internet retailers from collecting taxes. They hope to have it enacted by the April 1 deadline set by the CDTFA, thereby avoiding the confusion of having two different and conflicting tax-collection systems.

However it occurs, Californians will begin paying sales taxes on many, if not most, of the items they have been ordering via the Internet. And that means more money flowing into state and local government coffers.

However it occurs, Californians will begin paying sales taxes on many, if not most, of the items they have been ordering via the Internet. And that means more money flowing into state and local government coffers.

How much? During testimony on the bill, Ma estimated that it would generate more than $1 billion a year—a lot of money, certainly, but small potatoes in a state that already collects about $300 billion a year in state and local taxes.

Much of the additional revenue would come from a provision in the bill that requires “marketplace facilitators” to collect taxes. Those are organizations, such as eBay, that don’t sell directly to customers but are marketplaces for sellers, much like updated, electronic versions of the old newspaper classified advertising sections.

So the worm has turned full circle.

Montgomery Ward is kaput, and Sears is nearly so, while the newspaper industry struggles. But digital versions of their catalogs and of newspaper classifieds are thriving and now must collect taxes on their sales.

CALmatters is a public-interest journalism venture committed to explaining how California’s state Capitol works and why it matters. For more stories by Dan Walters, go to calmatters.org.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

‘Gov. Greg Abbott, How Dare You? Officials in Texas Clash Over Gaza Resolution

DON'T MISS

US Cardinal Prevost Elected Pope Leo XIV, First American Pontiff

DON'T MISS

State Bar’s Botched Exam for New Lawyers Is CA’s Latest Entry to the Hall of Shame

DON'T MISS

I Applaud Fresno Unified’s New Focus, but the Plan Needs Work

DON'T MISS

Looking for a Perfect Companion? Mittens Is One Handsome Kitten

DON'T MISS

White Smoke Billows From Sistine Chapel as New Pope Elected

DON'T MISS

AI Execs Say US Must Increase Exports, Improve Infrastructure to Beat China

DON'T MISS

More Older Americans Worry Social Security Won’t Be There for Them

DON'T MISS

Head Start Gets a Reprieve From Trump Budget Cuts, but the Fight Isn’t Over

DON'T MISS

Sen. John Fetterman Raises Alarms With Outburst at Meeting With Union Officials

UP NEXT

I Applaud Fresno Unified’s New Focus, but the Plan Needs Work

UP NEXT

Iran’s Leader Hopes America Can Save His Faltering Regime

UP NEXT

Clash Over Teen Sex Solicitation Reveals the Rift Within CA Democratic Party

UP NEXT

This Is the Moment of Moral Reckoning in Gaza

UP NEXT

The Valley is Driving California’s Economic Growth

UP NEXT

Trump Is About to Steal My Friend’s Christmas … and Yours

UP NEXT

Newsom Jabs at Trump and Musk, but Will AI Make California More Efficient?

UP NEXT

I Can’t Believe Anyone Thinks Trump Actually Cares About Antisemitism

UP NEXT

Will California Meet Newsom’s 2035 EV Deadline? It Won’t Even Hit the 2026 Target 

UP NEXT

Trump Is a Revolutionary. Will He Succeed or Fail?

I Applaud Fresno Unified’s New Focus, but the Plan Needs Work

21 minutes ago

Looking for a Perfect Companion? Mittens Is One Handsome Kitten

45 minutes ago

White Smoke Billows From Sistine Chapel as New Pope Elected

1 hour ago

AI Execs Say US Must Increase Exports, Improve Infrastructure to Beat China

1 hour ago

More Older Americans Worry Social Security Won’t Be There for Them

2 hours ago

Head Start Gets a Reprieve From Trump Budget Cuts, but the Fight Isn’t Over

2 hours ago

Sen. John Fetterman Raises Alarms With Outburst at Meeting With Union Officials

2 hours ago

Catholic Cardinals Signal With Black Smoke There Is No New Pope Yet

2 hours ago

Cancer Before Age 50 Is Increasing. A New Study Looks at Which Types

2 hours ago

Trump Administration Invokes State Secrets Privilege in Kilmar Abrego Garcia’s Case

2 hours ago

‘Gov. Greg Abbott, How Dare You? Officials in Texas Clash Over Gaza Resolution

The San Marcos City Council voted 5-2 against a resolution calling for a ceasefire in Gaza early Wednesday morning, following an extensive p...

8 minutes ago

8 minutes ago

‘Gov. Greg Abbott, How Dare You? Officials in Texas Clash Over Gaza Resolution

FILE PHOTO: Cardinal Robert Francis Prevost poses after being elevated to the rank of cardinal at the Vatican, September 30, 2023. REUTERS/Yara Nardi/File Photo
10 minutes ago

US Cardinal Prevost Elected Pope Leo XIV, First American Pontiff

13 minutes ago

State Bar’s Botched Exam for New Lawyers Is CA’s Latest Entry to the Hall of Shame

21 minutes ago

I Applaud Fresno Unified’s New Focus, but the Plan Needs Work

Mister Mittens GV Wire's adoptable pet of the week, May 8, 2025
45 minutes ago

Looking for a Perfect Companion? Mittens Is One Handsome Kitten

White smoke rises from the chimney on the Sistine Chapel, indicating that a new pope has been elected at the Vatican, May 8, 2025. REUTERS/DYLAN MARTINEZ
1 hour ago

White Smoke Billows From Sistine Chapel as New Pope Elected

Senate Commerce, Science, and Transportation Committee Chairman Ted Cruz (R-TX) and Ranking Member Cantwell (D-WA) listen as OpenAI CEO Sam Altman testifies before a Senate Commerce, Science, and Transportation Committee hearing titled “Winning the AI Race: Strengthening U.S. Capabilities in Computing and Innovation,” on Capitol Hill in Washington, D.C., U.S., May 8, 2025. (REUTERS/Jonathan Ernst)
1 hour ago

AI Execs Say US Must Increase Exports, Improve Infrastructure to Beat China

2 hours ago

More Older Americans Worry Social Security Won’t Be There for Them

Help continue the work that gets you the news that matters most.

Search

Send this to a friend