There's a bit of tension in Pennsylvania regarding auction laws in that state and eBay Inc. (NASDAQ: EBAY). It seems that Pennsylvania law requires that eBay sellers should have auction permits and regulators there have chosen to begin enforcing the law. The situation is revealed in a blog post by Terrence O'Brien at Switched.com .It's not surprising to me that this has come to the surface and I think it's symptomatic of what is to come. Internet taxation is a hot topic and various state authorities are jockeying for position. While the taxation of Internet access is a proposition which has been nearly put to rest for good, the taxation of Internet retail sales is still very much up for grabs. This assertion of law by Pennsylvania regulators is simply indicative of the state's desire to have a piece of the action. I believe it foretells of the stresses to come.
An AOL news poll shows that 83% of nearly 24,000 respondents feel that eBay sellers should not be required to have an auctioneers permit. That sentiment reverberates throughout the Internet. We should remember though, that sales made via the Internet often supplant sales that would otherwise be made through a brick and mortar retail outlet. I can assure you that state taxing authorities are weighing the effects of that change in dynamics carefully.
Should states lose sales tax revenue simply by virtue of a change in the sales venue? I don't think they'll stand for that. I still maintain my position that Internet sales tax solutions should be addressed from the Internet side of the equation rather than from the regulators side. We need a comprehensive solution on a national scale before the individual states come in and make eBay into a serious mess.











Reader Comments (Page 1 of 1)
11-28-2007 @ 12:03AM
Mirillie said...
You aren't the auctioneer. You are the one who is selling the merchandise. Ebay is the auctioneer. Does someone who takes something to Christies Auction House have to have an auctioneers license to sell it? No. This is nit picking and definitely an attempt to get a cut of the action. I would fight this in court if it were me.
12-04-2007 @ 3:46AM
Doug S. said...
Another issue is that, in spite of all of the conventional retailers who have staked out a presence on eBay, the majority of sellers are still garage sale/flea market-type sellers. They have never had to pay sales tax in the offline world.
These small-time sellers are still an important part of eBay's revenue base. If they have to start paying sales tax, then many (if not most) of them will conclude that eBay is not worth the hassle, and eBay will lose a significant part of their customer base. eBay will fight this tooth and nail.