November 22, 2024

Amazon Takes On California

Amazon said this week that it would push a voter initiative in California that could eliminate sales tax for virtual sellers with only a modest physical presence in the state. Its move instantly escalated the company’s long-running battle with many states over collecting sales tax, taking the question directly to voters. And it has sharply intensified its dispute with physical retailers like Wal-Mart Stores and Target, which have vowed to fight the measure.

Some political science and business professors say the conflict could take on the polarizing nature of Proposition 13, a decades-old referendum that limited property tax increases and remains a lightning rod in the state. Political experts say Amazon’s proposed referendum is likely to gather the signatures necessary to appear on the ballot as early as next February.

Nancy F. Koehn, a retail historian at the Harvard Business School, said the initiative highlighted the evolution of Internet retailing into a “major highway of commerce.”

Internet shopping “is no longer a small, out-of-the way quirky tributary of shopping,” she said, adding: “It’s the fastest-growing distribution channel in America. This is a referendum on how we’re going to treat it.”

She said that what happened in California could catch on in other states and have a domino effect.

Ms. Koehn, who opposes the idea of exempting online retailers from sales tax, said the stakes were amplified by the fact that state budgets, already under duress, needed the hundreds of millions of dollars in potential tax generated by online retailers.

“Do we really want online retailers big and small to walk through a gaping door that says ‘You don’t have to pay sales tax’?” she said. “I don’t think we want to send the message that companies can fund a political campaign for a referendum and maybe your customers won’t be subject to sales tax.”

Amazon argues that such sales tax, even if it raises revenue, ultimately hurts investment and job growth. “Californians deserve a voice and a choice about jobs, investment and the state’s economic future,” Paul Misener, Amazon’s vice president of global public policy, said in a statement about the referendum.

The referendum is a response to a California law, passed last month, that requires Internet retailers to pay sales tax if they have affiliates or subsidiaries in the state. State officials estimate Amazon will owe $83 million in taxes this year, nearly half of the $200 million the state estimates Internet retailers owe over all.

Amazon says the law penalizes companies that have not traditionally been subject to sales tax.

Big retailers are already organizing and financing opposition. They complain that Amazon has an unfair advantage because it does not collect sales tax from shoppers while other retailers must add in the extra cost, which in California starts at 7.25 percent.

“They need to play by the same rules as everybody else,” said Danny Diaz, a spokesman for the Alliance for Main Street Fairness, a coalition of large and small retailers that is agitating for Amazon to pay sales tax.

In a signal of how the political arguments might line up, William R. Harker, senior vice president of Sears Holdings, which owns Sears and Kmart, said in an interview, “At a time where our state and municipal governments are going through really a fiscal crisis, taking steps to collect taxes that are already on the books is to me the fiscally responsible thing to do.”

The question of how to tax out-of-state retailers is a longstanding one, dating back to the popularity of catalog shopping. Courts have ruled that companies without a physical presence in a given state are exempt from collecting sales tax there.

Individual consumers are supposed to declare what they owe in so-called use tax when they file taxes, but most people do not.

Stephanie Clifford contributed reporting from New York.

Article source: http://feeds.nytimes.com/click.phdo?i=4b12c2e219e6a2ef09884c14faabb579

Big Tobacco Decries Australian Cigarette Bill

SYDNEY — Legislation that will bar logos from appearing on cigarette packages in Australia is drawing the ire of business lobbying groups and even members of the U.S. Congress, who warn that the Australian government could be in breach of its international trade obligations.

The legislation, which is expected to sail through the Australian Parliament with broad bipartisan support when it is formally introduced in July, would require that all tobacco products be sold in plain green packaging, partly erasing the advantage of brand recognition enjoyed by global tobacco names like Marlboro and Camel. The law would come into effect at the start of next year, with a six-month transition period.

The government hopes that the bill, along with some of the world’s highest taxes on tobacco, will continue to drive down smoking rates in Australia and also serve as a template for other countries. Such a domino effect is just what tobacco companies are afraid of, said Andrew Hughes, a marketing expert at Australian National University in Canberra, because it would erode their brands and corporate value. “What’s to stop this same law being applied in other parts of the world?” he asked.

In a sign of the tobacco companies’ anxiety about the legislation, Philip Morris Asia, which is based in Hong Kong, said Monday that it had initiated legal action against the Australian government. The company contends that the planned packaging rules would violate Australia’s bilateral investment treaty with Hong Kong. Philip Morris, the producer of Marlboro cigarettes, served a notice of claim on the Australian government, which starts a mandatory three-month period for negotiations. “We believe we have a very strong legal case and will be seeking significant financial compensation for the damage to our business,” Anne Edwards, a spokeswoman for Philip Morris, said in a statement.

The Australian plans, among the strictest in the world, are part of a growing international trend to clamp down on smoking.

Last week, U.S. health officials released their final selection of nine graphic warning labels to cover the top half of cigarette packages, beginning next year. The first major change to warning labels in more than 25 years, the images will include photographs of damaged teeth and lungs and a person exhaling smoke through a tracheotomy opening in his neck.

Other governments are closely watching Australian efforts to restrict tobacco packaging. The British government, for example, has begun a consultation on ways to reduce the promotional effect of cigarette packs, which included the possibility of introducing plain packaging.

Tobacco is severely taxed in Australia, where smokers spend about 16 Australian dollars, or $16.70, a pack, complete with pictures of mouth ulcers, cancerous lungs or gangrenous limbs. But the new packs would go one step further by trying something new: shrinking the logos down to the point at which it is almost impossible to distinguish one brand of cigarettes from another. Under the law, 75 percent of the front of the packaging and 90 percent of the back would have to be covered by health warnings.

According to the most recent data from Newspoll, a market research company, 59 percent of Australian adults approve of the law as it has been proposed, while 24 percent disapprove.

The experiment has generated a roar of protest from tobacco companies and business groups like the International Chamber of Commerce, which says cigarette makers are being unfairly singled out, even though they sell legal products. “What company would stand for having its brands, which are worth billions, taken away from them?” Scott McIntyre, a spokesman for British American Tobacco Australia, said in a statement. “A large brewing company or fast food chain certainly wouldn’t and we’re no different.”

Article source: http://www.nytimes.com/2011/06/28/business/global/28ihsmoke.html?partner=rss&emc=rss