Senator John Boozman Responds Why He Supports Internet Sales Tax
While I agree and appreciate Senator Boozman's positions on a majority of issues, on his support of the Internet Sales Tax bill, I do not agree. The bill, S. 336, euphemistically has the title "Marketplace Fairness Act." In my opinion, the bill will lead to an eventual bureaucratic nightmare which allows other cities, counties, states to tax goods and services purchased via he Internet by people living in other states.
The bill has been rushed through the Senate without going through the "regular order of business" of being vetted in Senate committees. There was no emergency which required that this bill proceed. It is being advanced because of special interest groups that desire more taxation and bureaucracy. Even the Senate Republican Leader, Sen. Mitch McConnell stated on the Senate floor that he will vote no on this bill based on the majority position of his constituent in Kentucky.
Hopefully, the House will stop this travesty and its overreach by government. The bill will hurt small business. It will hurt seniors and others seeking cheaper prices. It will hurt entrepreneurs trying to sell their books, papers, music, and the promotion of new products over the Internet. In the homes of Americans, it will increase "again" the cost of goods and services.
And, it will bring forth more litigation, thus more jobs for attorneys and loss of funds for families and businesses. IT will most likely result in increased threats and intimidation of Americans. We are not just talking about the sale of products but of online services of numerous types. And eventually, we can expect that the Federal government will become the centralized power controlling the process by which more money is squeezed of people while the same government waists more money than it collects in an effort to supposedly help the failing cities damaged by progressive and / or "stupid" leadership.
According to the constitution, there was to be no tariffs (that is a tax) imposed by states on goods and service moving between states. If this bill becomes laws, people in other states will be voting to increase taxation on those whom have no vote in other states. And states which have been both poor stewards and poor managers with enormous unfunded mandates will reach out to the people and businesses in other states to help pay for their failing policies, decisions and actions.
The dollar limit set forth for small businesses can be changed on a whim once the bill has been enacted. Litigious lawsuits by states and cities against people and businesses will abound.
In full "fairness," below is Senator Boozman's unedited response which details his reasons for not only supporting but co-sponsoring the Internet Sales Tax bill -- titled the "Marketplace Fairness Act."
Dear Mr. Smith,
Thank you for contacting me to express your opposition to streamlined sales tax legislation. It is good to hear from you.
As you may know, the U.S. Supreme Court ruled in 1992, in the case of Quill Corp. v. North Dakota, 504 U.S. 298, that remote sellers (companies that do business in states where they do not have a physical presence) were not compelled to collect and remit use taxes, in part because of the complexities involved with that process. However, with new technology that is now available, there has been a push by several states to begin collecting these taxes. Moreover, we have seen thousands of Main Street businesses operate at a significant competitive disadvantage because they have to collect taxes and online sellers do not. The 1992 Supreme Court ruling gave Congress explicit authority to overrule the decision through legislation.
For these reasons, I am a cosponsor of S. 336, the "Marketplace Fairness Act." This bill would allow states to collect sales and use taxes from remote sellers if they voluntarily choose to become a Member State of the Streamlined Sales and Use Tax Agreement (SSUTA), the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002, or if they adopt certain minimum simplification requirements. S. 336 exempts small sellers with less than $1,000,000 in online sales each year. During recent consideration of S.Con.Res. 8, the Senate Majority's budget proposal for Fiscal Year 2014, an amendment was offered, and subsequently passed 75-24, to create room in the budget for legislation that promotes marketplace fairness by allowing states to enforce state and local use tax laws. However, as you may know, the budget resolution is non-binding and this amendment was not a vote on S. 336, which continues to be under review by the Senate Finance Committee.
I am a firm believer in states' rights and this bill would give states the ability to enforce their own laws and collect the sales and use taxes that are already owed. This is not a new tax. While remote sellers are not required to collect sales taxes on purchased goods, consumers still owe the tax and are supposed to report it as a use tax on their state tax returns. However, many consumers neglect to do this because they do not realize they are individually responsible.
I would not have supported this legislation 10 years ago when online shopping was just getting started. However, as you know, online shopping has grown exponentially since then and I am extremely concerned about our small businesses in Arkansas. The average state and local sales tax rate in Arkansas is 8.5%, the 7th highest rate in the nation. How can a small retailer on Main Street compete with a remote retailer when they automatically start out 8.5% behind? It is only fair that we provide all of our businesses, whether on Main Street or the Internet, a level playing field on which to compete. I am sorry we do not agree on this issue, but please be assured that I value your opinion and will keep your thoughts in mind as this discussion moves forward.
Again, thank you for contacting me on this very important issue. Please be sure to visit our website at www.boozman.senate.gov. I look forward to your continued correspondence.
Sincerely,
John Boozman
U.S. Senator
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Posted by Bill Smith at 12:10 PM - Post Link
53 Comments:
Senator Boozman and Congressman Womack are from Walmart land and are doing Walmart's bidding on this in an effort to eliminate competition for the World's Largest Retailer. The millions of mom and pop eBay and internet sellers be damned.
Mr. Boozman forgot to include that he wants Walmart money for his next election and his co-sponsoring of the bill is his thank you to them for all the money Walmart has contributed in the past. This is not about protecting small business, it should be about the customers having to pay taxes for online purchases.
Well we have seen from the last couple Months (Especially the #Arkleg), the GOP is no longer the party of Smaller-Constitutional Gov't, and definitely NOT the party of lower taxes.
Bush/Hastert ended limited government 12 years ago
Appreciate the comments. Mark, I too am disappointed with the way "some Republicans act regarding taxes. But the fact is it only takes a minority of people to join with the progressives to support increase taxes. Heck they almost succeeded in passed placing a protectionist amendment on the ballot to allow them to remain in office even longer.
I still believe the Republican Party is at present the only viable party for small-Constitutional Gov’t. This session, the Republicans stood in support of the 2nd Amendment. They had control of the House by one vote but they were not able to have the Republican leader that most of the Republicans wanted because the leader is picked by all House members.
When the citizens of Arkansas began to awaken to the "plantation politics", I noted that Arkansans had no interest in trading one plantation master for another. While many are awakened, enough are not. And there are not enough elected people, on both sides of the isles, who are convinced that the people want that smaller government . They hear continuously from the people who want more money, dole, passed back to the hired plantation minded people who ask for more rather than their total independence.
One example, they hear form the teachers and superintendents that want more money and protection of their turf. Arkansas school systems are bloated with administrators. I am not for closing schools but I am for reducing school districts and overhead burden on the taxpayers (income, sales and real estate taxes). Government is the biggest employer in Arkansas when you add the levels of government together. Point, the plantation has yet to be broken up and given back to the people of Arkansas.
Appreciate the comments. Mark, I too am disappointed with the way "some Republicans act regarding taxes. But the fact is it only takes a minority of people to join with the progressives to support increase taxes. Heck they almost succeeded in passed placing a protectionist amendment on the ballot to allow them to remain in office even longer.
I still believe the Republican Party is at present the only viable party for small-Constitutional Gov’t. This session, the Republicans stood in support of the 2nd Amendment. They had control of the House by one vote but they were not able to have the Republican leader that most of the Republicans wanted because the leader is picked by all House members.
When the citizens of Arkansas began to awaken to the "plantation politics", I noted that Arkansans had no interest in trading one plantation master for another. While many are awakened, enough are not. And there are not enough elected people, on both sides of the isles, who are convinced that the people want that smaller government . They hear continuously from the people who want more money, dole, passed back to the hired plantation minded people who ask for more rather than their total independence.
One example, they hear form the teachers and superintendents that want more money and protection of their turf. Arkansas school systems are bloated with administrators. I am not for closing schools but I am for reducing school districts and overhead burden on the taxpayers (income, sales and real estate taxes). Government is the biggest employer in Arkansas when you add the levels of government together. Point, the plantation has yet to be broken up and given back to the people of Arkansas.
Well as long as the Socialist "John McCain/Karl Rove" wing of the GOP have the power to prevent the "Ronald Reagan" wing from ever re-gaining any foothold.. the GOP can just go on with out me.
I am not sure what makes you think there is a Reagan wing. Reagan was an accident. Not suppose to happen, and the Republican power brokers have determined to never let that happen again. No conservatives need apply to the GOP.
I am not sure what makes you think there is a Reagan wing. Reagan was an accident. Not suppose to happen, and the Republican power brokers have determined to never let that happen again. No conservatives need apply to the GOP.
I do not agree w Boozmsns vote on Internet tax but I do like him . agree w Bill about schools and they keep getting more and more $ with poor result.
Janet Crow Ditto your comment. I also like John Boozman. As a Congressman he added the ARRA News Service as a link on his Congressional page when other elected officials would not dare to do this . He wrote me a handwritten personal note when I received the the AFP National Blogger of the Year. However, he knows that I will not trade my voice and position. I disagree with him on the Internet Sales Tax but also note that he has stood on the right side of a majority of issues and decisions.
Ronald Reagan called the Republican Assemblies the Conservative Wing of the Republican Party. He was one of few Commanders-in Chiefs that I was proud to have served under in my military career. I disagree with Charles W. Smith that Reagan was an accident. When Jimmy Carter was elected, Regain called together his key supporters and said let's get to work, "America will not abide socialism for long." And he was right for that time in America. history. He unlike the present occupant of the White House loved America, respected the military, showed humility, and was avidly a professing Christian and an outspoken opponent against abortion. He even authored a pro-life book while he was President. He openly loved his wife even though she was not always on the same side of issues with him.
Unfortunately, evil is in the world, and America is experiencing the result of its own decisions, the choices of self indulgence, greed for someone else's property, a failure in individual responsibility, numerous other personal failures and and worst of all it continual push into hedonism, It is not that this hasn't existed before in our history, but now the lines of right and wrong are not as clear. Enough ranting.
This is sad... Sigh
I am no tax fan myself! However its not hardly fair that local business has to collect 8 to 10% more for what they sell than the online stores. Local business are the ones who hire locals, buy local and hire services locally. Local business supports the local economy which is good for everyone. Why should they be at a disadvantage?
Time for Fair Tax
If Boozman supports the Internet Sales Tax, then he has lost my vote. I will leave the ballot blank next time, unless their is a true, liberty-loving conservative to vote for. McCain and Romney did not win because 12,500,000 conservatives left the p residential selection blank for McCain and 14,000,000 did the same for Romney. Boozman can't win re-election without liberty-loving conservatives. We don't sell out.
B has a very high rating from the heritage foundation for his conservative stance on issues ( if my memory serves me correctly ) I will vote for him.
When I buy on line I know that I am going to have to pay shipping that is equal to or more than the tax I would pay at the store so dammit I don't want to have to pay another tax on top of that. Boozman and the nut job up in NW AR just want Wal-Mart money for their campaigns. They sure as hell don't care about the consumer. Just the whiny state governments wanting more, always more.
I'm sure many people will vote for Boozman in spite of the stab in the back in the Internet sales tax. But many liberty-loving conservatives will just leave the ballot blank. Therefore, for those who don't want their vote to go to waste, it would be a good idea for you to NOT give him a pass on this by urging him to re-think his support. I wrote a report on why the Internet Sales Tax Bill is bad politics. Here it is again. -------------------------------- 10 Reasons to Oppose the Internet Tax.
Contact both of your senators. .... Here is what I sent to Senator John Boozman (R) and Senator Mark Pryor (D).
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As a constituent, I insist that you oppose any attempts to undermine Internet freedom.
Here is why you should oppose S.743 and HR 684, the grossly misnamed “Marketplace Fairness Act.” It forces Internet retailers to charge sales taxes on their out-of-state customers.
Here are just 10 reasons to oppose it.
1. Internet retailers will have to know the tax laws of 10,000 state, county, and municipal “governments.” Just a tiny degree of empathy, from you, should be enough to secure your opposition to this bill, all by itself! Compliance cost would be astronomical for a small, family owned enterprise!
2. It also subjects retailers to audits from ANY of them. (http://on.wsj.com/MxmIro) This would be so expensive as to bankrupt smaller family owned enterprises run out of homes and farms. Other small businesses, just entering the internat market place, to increase sales enough to survive, would now have to hold back. That is overburdensome!
3. Messy compliance costs will be passed to consumers and thus be inflationary! That creates more downward pressure on jobs and fiscal pressure on those will limited incomes.
4. Compliance costs will also close many smaller retailers and home based businesses. Many of these struggling small business are laid off people who can't find a job so they are making their own as best as they can.
5. Many other enterprises will be stillborn — you’ll never know what you lost.
6. State “governments” that currently have NO sales taxes may enact them to participate in the looting. All that does is grow big government even bigger. If you support that, all of us can blame you for increasing the size of big government even bigger. The government is too big now. It is inefficient and will become more so by passing this faulty legislation.
7. States will also have an incentive to increase their sales taxes. If one state is making retailers pay 10%, why shouldn’t the others?
8. This new tax will bailout free-spending, mismanaged states, relieving them from the need for fiscal discipline.
9. This is a “middle-class tax increase,” something both parties allegedly oppose. What I want to know, is do you oppose it personally enough to vote no?
10. Most importantly, TAXATION is theft. If the services offered by “governments” are so wonderful, so efficient, and so free of corruption and cost-overruns, then why do you need men with guns to force people to pay for them? The truth is that you’re forcing people to pay for things they don’t want.
Rather than focusing on making governments bigger and less efficient, why not use your time to make them smaller and more efficient? Which reputation do you want to have from this?
In short, the Marketplace Fairness Act is immoral. I deny my consent to this immortality, and I expect you to protect me by voting NO.
However . . . if you prefer to endorse this criminality by voting YES, please be aware that this will undermine your legitimacy.
I have already observed that much of what legislators do is criminal and illegitimate.
Piling on, by passing this bill will be one more piece of evidence I can use to move others towards my position.
Instead of voting yes, please help move us one step closer to Jefferson’s remedy — to peacefully dissolve the criminal gangs running government now and institute a new governments that serves, rather than dominates.
I agree with Bill Smith's letter, and disagree with this and many other big-government policies of Sen. John Boozman. It is irrelevant to me whether or not his personality is inoffensive, or even pleasant. His policies are offensive and unpleasant.
You guys should vote for Democrats since obviously the Republicans cant get it right!! Or is there a viable 3rd Party! I didnt think so!
Vote for him Hicks. If you think he is better than any other candidate he is running against then cast that vote for him. However, don't justify anything wrong they do just because they are the best pick in the litter despite the flaws. Hold him accountable. Tell him this is legislation a democrat would come up with. Send him an email, give him a call. This complete ignorance of what republicans do wrong is why we have a progressive party. How dare I say that we should hold our own to be more accountable than any other party. We know democrats can't help it, their philosophy is already pro big govt/welfare state. Our people know better (so I say it is dirty politics and special interests). And you justify it? Don't justify something that goes against conservative principles. You have to fight that. When it comes voting time yes I believe you can justify your vote by saying his opponent is worse but don't justify the legislation they support which IS what a democrat would come up with.
What makes you think I have not let him know ?
Speaking to Hicks. You weren't defending this tax Janet. You stated you were against it yet would support him due to his overall record. Others on here justify it and some are totally drinking the koolaid.
I am speaking to HH here....why should I vote for either of them since neither of them will do what I want? Is John Boozman doing what you want on this issue? Did he when he voted to bail out the global banks with your kid's money? Did he when he voted for the Bush plan to expand Medicare? Did he when he voted for the Bush-Kennedy plan to federalize education called "No Child Left Behind"? Did he when he voted for the NDAA? If the answer is "NO" to all those, then when did he ever on an issue of the least controversy?
I never said I was totally happy with my party but I had rather have Boozman over any democrat but anyone more conservative is welcome to run. I am not willing to risk his seat to a Democrat just because I don't totally agree with him on every vote.
Then how can we ever change the "Base?" When you un-elect them then maybe those left will get it.
The way to do it is beat them in a primary and not just give up seats to liberals! Not sure cutting off nose to spite face is a good plan!
Don't forget to toss Womack into the mix. Got to appreciate them showing us what the GOP really is.
I bet those 3rd party candidates are voting to please you!
HH would you buy a pair of shoes that don't fit? There comes a time when I won't buy what they're selling
Boozman had seven opponents in the primary. Which of them did you vote for HH?
Boozman but I am not the one complaining about him!
I don't think anyone is complaining about a politician caving into special interests which has become something to be expected. I think Mark and Reggie would agree that those enabling these politicians to run around with a big R beside their name and claim to be "conservative" are the bigger problem than the politicians themselves.
Cut off the part of the sandwich that is moldy before the mold spreads to all of it....
It is time to replace Boozman if he does not listen to the voting taxpayers much more than the big money lobbyists. I won't vote for someone worse, like a Democrat but neither will I knowing vote for another RINO. Those days, for me and my family are over.
Advantages of the fair tax, corporate income tax is eliminated. Corporate income tax is 35% and corporations don't pay that tax, its passed on to the consumer. Social security and medicare is 15.2% and everyone pays that. April 15th is irrelevant. IRS is eliminated.
I voted for Curtis Coleman in the Senatorial primary, not Boozman, but then voted for Boozman over Lincoln in the general election. I should have left it blank.
As a career military / vet, I voted for Conrad Reynolds in the primary. In the general election, I would not have withheld my vote and have been a contributor to the continuance of Blanche Lincoln selling out Arkansas. Looks like a significant majority agreed with me.
As for the Fairtax, I remain a supporter because it eliminates one of the most abusive agency of the government -- the IRS. And one of the most abused agencies by greedy progressives - the IRS. Being a senior, I will probably have to pay more via FairTax but it is worth it to me to see the elimination of the Income tax on the labor of Americans.
That is what I thought HH. While insisting we ONLY operate within a slanted GOP primary system, you are among those voting for the establishment types who sell us out. Bill Smith I understand your thinking, and at the time I agreed with it. No more. I don't care who sells us out, Boozman or Lincoln, R or D. In fact, it is easier to get a groundswell of outrage when a D does it than an R, because the Haskel Hicks of this world go around reminding the conservative grassroots that they should not complain too loudly when an R stabs them in the back lest those awful D's get in there. It is long past time for us to directly take back the job of defending our freedom from these captured parties. It is time for serious men to quit playing this fools game.
Thats what you thought huh? Nice! I finally understand you now. Its your way or no way and everyone else is stupid! I got it your a self destruct conservative who will assist the liberals in keeping power. I assume you disagree with every vote that Womack and Boozman cast? So Blanch over all would have voted exactly the same way as Boozman? Drink your organic milk and wear your tin foil hat that way they can't see what your thinking.
Thats what you thought huh? Nice! I finally understand you now. Its your way or no way and everyone else is stupid! I got it your a self destruct conservative who will assist the liberals in keeping power. I assume you disagree with every vote that Womack and Boozman cast? So Blanch over all would have voted exactly the same way as Boozman? Drink your organic milk and wear your tin foil hat that way they can't see what your thinking.
You don't understand me at all. YOU are the one insisting everyone continue to do things your way, even though it is destroying the country. The liberals are in power. They just have Rs after their names so you are OK with it. YOU are the self destruct fake conservative because you will not alter course even though the one we are on is clearly destroying the country. If the Republicans knew that they would either stand firm or lose, we would get candidates who would stand firm or they would be destroyed and someone else could fill the vacuum, but with guys like you blinking every time, the beat goes on.
I believe I mostly follow along with Bill . Not sure how I will be voting - waiting to see all the candidates in the races . I know of one I will not vote for . I do know that for whatever office David Meeks runs for - he has my vote .
I believe I mostly follow along with Bill . Not sure how I will be voting - waiting to see all the candidates in the races . I know of one I will not vote for . I do know that for whatever office David Meeks runs for - he has my vote .
But the real problem is the rigged election system. The "first past the post" method of determining the winner, instead of run-offs, is designed to scare people into staying on the two party plantation instead of being able to vote their conscience. I am not taking to HH here because he wants to stay on it, but many do not. The parties do not use 1st past the post for their own primaries, nor do they use them to elect their own officers, nor do we use it for local offices - SO WHY ARE WE USING IT FOR LARGER OFFICES? What purpose does it serve, besides using fear to limit us to the Rs and Ds?
I knew it the conspiracy theory would surface! Rigged elections could be the only reason! LOL
Not rigged elections, a rigged election system. But then, you don't want to understand the difference so I guess you won't. The old indian proverb that you can't wake a man who is only pretending to be asleep applies.
Not rigged elections, a rigged election system. But then, you don't want to understand the difference so I guess you won't. The old indian proverb that you can't wake a man who is only pretending to be asleep applies.
He is talking about fptp voting and refers to that as rigged and technically it leads to a two party system but you obviously don't know what he is talking about so look it up. That's no conspiracy it is our election system. Just like the R party going against their own Nate Bell for introducing legislation to make Sheriff a non partisan office. They want a two party system.
He is talking about fptp voting and refers to that as rigged and technically it leads to a two party system but you obviously don't know what he is talking about so look it up. That's no conspiracy it is our election system. Just like the R party going against their own Nate Bell for introducing legislation to make Sheriff a non partisan office. They want a two party system.
I am obviously not as smart as you two guys. Thanks for getting me straight and pointing out the evils of our two party system. Once again I am sure excited about all the work the 3rd party has accomplished in our state. Good job fella's!
I am obviously not as smart as you two guys. Thanks for getting me straight and pointing out the evils of our two party system. Once again I am sure excited about all the work the 3rd party has accomplished in our state. Good job fella's!
@Bill Smith. Bill I stand by my statement about Reagan. I loved the man, but what I mean by him being an accident is, the Republican establishment did not want him, the Democrats of course did not. Only the people wanted him. After that the republicans have worked very hard at the primary level to make sure another Conservative Reagan could not happen again. Instead we get Bob Dole, John McCain, Mitt Romney. None fit to polish Reagan's shoes. I am not longer fooled by the carefully painted picture of a CONSERVATIVE republican party.
@Bill Smith. Bill I stand by my statement about Reagan. I loved the man, but what I mean by him being an accident is, the Republican establishment did not want him, the Democrats of course did not. Only the people wanted him. After that the republicans have worked very hard at the primary level to make sure another Conservative Reagan could not happen again. Instead we get Bob Dole, John McCain, Mitt Romney. None fit to polish Reagan's shoes. I am not longer fooled by the carefully painted picture of a CONSERVATIVE republican party.
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