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Lack of Internet sales tax pits Arizona's small retailers vs. online giants ...

A 1992 Supreme Court decision ruled that online and mail-order retailers do not have to charge consumers sales tax if the company did not have a presence in the consumer's state, opening the debate about what exactly constitutes a "presence." A warehouse? A storefront? For Shanks and other small business advocates, it's ridiculous to read about Amazon's planned 1.2 million square-foot distribution facility, which will be its fourth in the state, but to be told that the company does not have a "presence" in Arizona and therefore does not have to charge sales tax.
"There's a larger issue now with nexus and what constitutes nexus," she said. "But when the governor of Arizona stands at the new Amazon warehouse, looking over the X-square feet, this is a business doing business in Arizona." In recent years, states have been seeking ways to get around the decision and collect the sales tax revenue they believe is rightly their due. California, for instance, is currently battling Amazon over the right to impose a sales tax on transactions conducted by businesses in California that sell through Amazon; in response, the online retailer cut ties with all associates in the state. "It's just patently unfair for a small independent retailer," said Michele Ahlmer, executive director of the Arizona Retailers Association. "Why should they have to do a sales tax collection if somebody with a 400,000 (square-foot) warehouse in this state does not?" The situation in Arizona might be even more complicated. A conservative Legislature that ran on fiscal responsibility and not raising taxes plus a muddled tax code may provide obstacles that can't be easily overcome. "Right now, you have variations not only from rates, but also the base," explained Kevin McCarthy, president of the Arizona Tax Research Association. Some cities tax food, for example, but others do not.

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