Yesterday, Senators Kelly Ayotte (R-NH) and Jeanne Shaheen (D-NH) both filed amendments to the tax policy legislation currently being debated in the U.S. Senate that would protect small businesses from the so-called Marketplace Fairness Act currently being debated in Congress.
Senator Ayotte’s amendment would establish what is known in the Senate as a point of order (parliamentary objection) against any bill, joint resolution, motion, amendment, or conference report that authorizes states to require remote sellers (those with no physical presence in a particular jurisdiction) to collect and remit sales tax for online sales. "The federal government shouldn't force Internet businesses to become tax collectors for over 9,600 jurisdictions across the country," said Ayotte. "In New Hampshire, our lack of a sales tax is a source of economic strength. We must stop any effort that would impose new tax collection and audit requirements onto online retailers, and my legislation will protect Internet businesses in New Hampshire and across the nation."
Senator Shaheen’s amendment would exempt businesses from states that do not impose sales taxes from having to collect sales taxes for other jurisdictions on online sales. “An internet sales tax for small businesses that do not currently have a sales tax infrastructure would be unduly burdensome,” Shaheen said. “Small businesses are the backbone of New Hampshire’s economy and we should be doing everything we can to sustain and promote them, not overloading them with red tape and more bureaucratic obstacles.”