Amazon is Terminating Connecticut Affiliates Due to Online Sales Tax Law

41 replies
Hey everyone, just got this from Amazon.


Hello,
For well over a decade, the Amazon Associates Program has worked with thousands of Connecticut residents. Unfortunately, the budget signed by Governor Malloy contains a sales tax provision that compels us to terminate this program for Connecticut-based participants effective immediately. It specifically imposes the collection of taxes from consumers on sales by online retailers - including but not limited to those referred by Connecticut-based affiliates like you - even if those retailers have no physical presence in the state.

We opposed this new tax law because it is unconstitutional and counterproductive. It was supported by big-box retailers, most of which are based outside Connecticut, that seek to harm the affiliate advertising programs of their competitors. Similar legislation in other states has led to job and income losses, and little, if any, new tax revenue. We deeply regret that we must take this action.

As a result of the new law, contracts with all Connecticut residents participating in the Amazon Associates Program will be terminated today, June 10, 2011. Those Connecticut residents will no longer receive advertising fees for sales referred to Amazon.com, Endless.com, MYHABIT.COM or SmallParts.com. Please be assured that all qualifying advertising fees earned on or before today, June 10, 2011, will be processed and paid in full in accordance with the regular payment schedule.

You are receiving this email because our records indicate that you are a resident of Connecticut. If you are not currently a resident of Connecticut, or if you are relocating to another state in the near future, you can manage the details of your Associates account here. And if you relocate to another state after June 10, 2011, please contact us for reinstatement into the Amazon Associates Program.

To avoid confusion, we would like to clarify that this development will only impact our ability to offer the Associates Program to Connecticut residents and will not affect their ability to purchase from www.amazon.com.

We have enjoyed working with you and other Connecticut-based participants in the Amazon Associates Program and, if this situation is rectified, would very much welcome the opportunity to re-open our Associates Program to Connecticut residents.

Regards,
The Amazon Associates Team
#affiliates #amazon #connecticut #due #law #online #sales #tax #terminating
  • Profile picture of the author RichardF
    This is getting out of hand... If this keeps up there soon won't be any US Amazon affiliates at all. Even though I don't live in the US I can't help but worry that they'll shut down their affiliate program completely, though hopefully that's not going to happen.
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  • Profile picture of the author Tarik93
    wow...that's not good.
    I guess the people in Connecticut could just set up shop somewhere else.
    Surely they can adapt from these harsh changes.
    thanks for posting
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    • Profile picture of the author volit
      I'm not surprised to be honest. It's a terrible thing but I am not shocked. The states has really got the wrong way of looking at the taxation situation.
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      • Profile picture of the author edupristine
        Originally Posted by volit View Post

        I'm not surprised to be honest. It's a terrible thing but I am not shocked. The states has really got the wrong way of looking at the taxation situation.
        It's not just a problem with the perspective of the state.
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      • Profile picture of the author Your Brand Ebooks
        So, what could happen (or not) is governor Malloy gets a lot of heat, negative political publicity, and ruins his chances for re-election... eventually the law is overturned, and other states see this as a disaster and an good example of what not to do.
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        • Profile picture of the author Your Brand Ebooks
          .. > or if you are relocating to another state in the near future,

          So what I get from that is Amazon saying that if you move your business out of CT, you can modify the address on your Amazon affiliate account, then continue selling.

          The simple solution is to open a Deleware corp. It's easy (you can do it online) and you're approved
          in something like 48 hrs. (this is not legal advice, consult an attorney, blah bah)
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  • Profile picture of the author MichelleGreene
    Guys, I'm thinking this is a trend. I think it's just a matter of time for clickbank, cj and all the others to do the same.

    When one state does something, the others usually follow. Is this the beginning of the end of affiliate marketing as we know it?

    Michelle
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    • Profile picture of the author Tarik93
      Originally Posted by MichelleGreene View Post

      Guys, I'm thinking this is a trend. I think it's just a matter of time for clickbank, cj and all the others to do the same.

      When one state does something, the others usually follow. Is this the beginning of the end of affiliate marketing as we know it?

      Michelle
      no of course not, I'm sure this sort of thing wont perpetuate throughout the whole of the US let alone the rest of the world.
      I don't think AF marketing is going anywhere.
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  • Profile picture of the author MichelleGreene
    I saw that statement about relocating too. For some, it will be worth it to move their business to a nearby state.
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  • Profile picture of the author insidmal
    This isn't the first nor the last for Amazon to cut ties with..

    And it is a great case for list building..
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  • Profile picture of the author MichelleGreene
    You can also look into forming a LLC in Nevada, I believe Registered Agents there can be found for around $99. The articles of organization are approx. under $200.
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    • Profile picture of the author Capitalist_Pig
      Originally Posted by MichelleGreene View Post

      You can also look into forming a LLC in Nevada, I believe Registered Agents there can be found for around $99. The articles of organization are approx. under $200.
      Do they have a yearly minimum tax?
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  • Profile picture of the author MichelleGreene
    I'm not aware about a minimum yearly tax, but you have to pay an annual fee, which is currently $125.
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  • Profile picture of the author NoviIM
    That is unreal! I hope it doesn't happen in NY, with that said, I wouldn't be surprised...
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  • Profile picture of the author CDarklock
    Like I keep saying:

    - Alaska
    - Delaware
    - Montana
    - New Hampshire
    - Oregon
    - Washington

    The first five states have no state sales tax. Washington houses Amazon's corporate HQ and they've always had to collect sales tax here.

    Want to be an Amazon affiliate? Move your business to one of these places. YOU don't have to move... but your business does.
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  • Profile picture of the author GlobalTrader
    Pennsylvania's legislature is also considering a similar bill so look out Amazon affiliates resident in PA.
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    GlobalTrader

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  • Profile picture of the author Fingerling
    I just received this email today also, real bummer because I made some decent money with Amazon. Amazon is all over a few of my sites, it's going to be a job just to remove them.

    I also received a similar letter from Shoebuy.com who I was also an affiliate with.

    I've heard of moving your business to a different state but never had a reason to look into it. Now I do.
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    • Profile picture of the author gjd6599
      Does anyone know what is involved to move a business from ct. to Delaware? I was up to about $80.00 a day with amazon, so I have to move. Does ct. come after you if you move your business to avoid the taxes?

      Also which state would you then pay your business taxes to?

      Thanks Glenn
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      • Profile picture of the author KirkMcD
        Originally Posted by MichelleGreene View Post

        Guys, I'm thinking this is a trend. I think it's just a matter of time for clickbank, cj and all the others to do the same.
        As I stated in the other recent thread, Clickbank has just been collecting the sales tax and not dropping affiliates.
        CJ is not the merchant. It is up to each merchant that uses CJ to track affiliate sales to decide what to do. Some are dropping affiliates in affected states, some are not.

        Originally Posted by NoviIM View Post

        I hope it doesn't happen in NY
        NY was the first state to adopt this type of law (over a year ago. Where have you been? ), but Amazon did not drop NY affiliates and they are collecting the sales tax.
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        • Profile picture of the author myob
          Walmart and Best Buy are accepting nexus refugees. They pay sales taxes in all applicable states.
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          • Profile picture of the author Tess D
            What is a killer is Walmart, best buy, home depot and all other national chains pay no corporate taxes in my current state (NM) , but we all get penalized for selling things on line . As a born and bred Connecticut Yankee I say BULL !!!
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  • Profile picture of the author Success With Dany
    Banned
    Like dominos...
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  • Profile picture of the author dvhantiques
    This is certainly gaining momentum........I'm in NC and can't join CJ either. You could probably move your business to a state that doesn't collect sales tax, but you really should talk to an attorney to make sure it's done properly.
    Deb
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    • Profile picture of the author Ephrils
      Originally Posted by dvhantiques View Post

      This is certainly gaining momentum........I'm in NC and can't join CJ either.
      CJ doesn't allow people from NC either? Are they trying to shut down business completely in North Carolina?

      With Amazon moving out from state laws, places like Commission Junction not letting people from certain states join as well, pickings are getting very slim if you're an affiliate.
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  • Profile picture of the author gloribel5
    wowwwwwwwwwwww
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  • Profile picture of the author webapex
    Looks like California is next, though Arnold had vetoed such a bill earlier, Jerry Brown is expected to sign the bill(s) one of which passed the state senate? already. Amazon owns California subdivisions which would alone be cause enough to tax them.

    I understand Walmart lobbyists are a major force behind this legislation, some site frequented by politicians displayed a "Thanks to out affiliates" advertisement for a time by walmart. apparently designed to help muddy the water , they had some token number of affiliates (180?) Amazon has some 10,000 affiliates in CA, you have to wonder if Amazon hopes the threaten axe compels affiliates to write their representatives.
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    • Profile picture of the author myob
      I didn't know it passed the Senate; thought it only had passed the California State Assembly on June 1. We can expect quick action from Amazon. For example, when the nexus law passed in Illinois, Amazon immediately pulled out all ties to its 9,000 affiliates, so the 10,000 affiliates in California is not much of a stretch from that.

      Being as this is also the time to start media advertising for the holiday season, it looks like California affiliates may have no other choice now but to dump Amazon. Ironically, Walmart is wooing us through Linkshare.
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      • Profile picture of the author bobsstuff
        California currently has similar legislation going. Not passed yet. In the back of my mind was, "If it passes, transfer my account to my brother in Connecticut and.................." So much for that idea.

        Supposedly NY and other states are regretting passing the same type legislation.
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        • Profile picture of the author Jake Toney
          Amazon terminated Illinois Affiliates in March...there's an article here.
          In an effort to raise money...politicians have in effect simply done the opposite by chasing it away! Another dumb political decision...can we get someone with brains in office? Please!!!
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      • Profile picture of the author Gaz Cooper
        Originally Posted by myob View Post

        , Walmart is wooing us through Linkshare.
        Yes there wooing is pretty good they are actually offering 1% commission for electronics Makes Amazons 4% look fantastic LOL

        Gaz Cooper
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        • Profile picture of the author rickfrazier1
          In Hawaii, they have tried twice so far to add a tax collection law... The first time, the (then) governor vetoed it, and most recently two conflicting bills ran out of steam.

          The problem here is there seems to be more exposure to the "nexus" law, which nobody wants or needs. In the Hawaii impelementation, vendors like Amazon wouldn't actually collect taxes for the state, but would provide transactional information for anything shipped to the state. Name, address, date and total amount of the sale would need to be provided. This could result in litigation regarding privacy, so no company wants to be involved at all with it. Also, the accounting systems they use just can't handle doing so without additional programming costs.

          On the other hand, there is something called the simplified tax plan (which something like 26 states already use). It provides for a single, statewide tax to be collected by the vendor, and forwarded to the state. At present, I know of no vendor that has any issue with this, because their systems can easily handle the change, no additional programming costs are involved, and there isn't the spectre of someone filing suit over potential privacy issues. If you don't think there are privacy issues, think about the "brown paper wrapper delivery" places. Would YOU like your state getting a list showing a list of your purchases from one of these places? Yep, sure as rain, somebody would sue. If only (ahem) to protect the rights of the innocent.

          There has long been a problem with tax collection, because many states have several levels of differing rates. In some places, taxes are added by county, city/municipality, borough or even voting district. Trying to keep up with the changes alone in a single state is huge, for the whole country, nearly insurmountable. This makes it extremely difficult for an online company to be able to accurately charge sales tax if the simplified tax rule isn't in place.

          The argument here in Hawaii is that 1) we spend over 750 Million dollars a year online that is not generating sales taxes (with perhaps a million and a quarter residents, including children) and it is causing difficulties for our local merchants. Unfortunately, someobody has their head where the sun don't shine, because I really doubt we spend that much, and most of the problem with the local merchants is their attitude, not the online shops. (When a local merchant won't bother to order something without charging a 50% upcharge, plus charging for FedEx shipping, (very expensive) but bringing it in on their "next container" in 6 or 8 weeks, and generally acting like you HAVE to buy from them because they're the only vendor within 50 miles that can sell you that item.... [sigh]
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      • Profile picture of the author Dave90210
        When do you think this new law will pass?

        Originally Posted by myob View Post

        I didn't know it passed the Senate; thought it only had passed the California State Assembly on June 1. We can expect quick action from Amazon. For example, when the nexus law passed in Illinois, Amazon immediately pulled out all ties to its 9,000 affiliates, so the 10,000 affiliates in California is not much of a stretch from that.

        Being as this is also the time to start media advertising for the holiday season, it looks like California affiliates may have no other choice now but to dump Amazon. Ironically, Walmart is wooing us through Linkshare.
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  • Profile picture of the author garyv
    We just had the same thing happen here in Illinois just a few months ago. One of our city's largest employers was an Amazon affiliate. They just moved their entire factory of offices across the border.

    What a stupid waste! You've got to believe that the taxes from the revenues now lost are much greater than the taxes they would have gained. Plus now they've lost a lot of income taxes. - It probably looks good on paper, but in reality, it's a fuster cluck.

    edit - jake beat me to the punch
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    • Profile picture of the author Jake Toney
      If affiliates are making money, where do they spend it? Predominantly where they reside, which in turn helps the local economy. Why would anyone in their right mind want to thwart or even totally terminate spending power within their state? It's a mess...
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  • Profile picture of the author The_Idea_Gal
    I just lost Amazon and several other affiliates in CT due to the Amazon Tax Law. I heard it's under appeal in NY, but has already affected other states like Illinois. So...if you incorporate in Delaware for instance, you have to have a physical address in that state and file taxes there, as well as the state you live in. Sure, there are places that will sell you a virtual physical mailing address, but its kind of a pain with taxes. Amazon is a big loss right now, but it seem like too much trouble to stay on board. All we can do is wait and see. The real pain is taking all their links off my sites right now! :-(
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  • Profile picture of the author MLD1985
    Hey guys,

    Big article here about how states are going after Internet taxes to close budget gaps - States look to Internet taxes to close budget gaps - Yahoo! News. Yes, CA and all them are heading for it, it looks like... Sadly, I was gonna get a site up and going with them but it looks like I might not. Hopefully, CB and such stay out of that predicament.

    All the best,

    Matt D.
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  • Profile picture of the author Geeked Labs
    So any idea how we could start to fight this?
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  • Profile picture of the author timpears
    It is amazing how people seem to think that if we raise taxes on people we will be able to generate more revenue to the treasury and thus balance our books. They never seem to realize that for every action there is a reaction. And in this case, the raising of the tax on affiliates causes lost revenues to the affiliates, thus less tax revenue, and doesn't raise the tax that they were expecting.

    Short term thinking by narrow minded people.

    Doesn't this violate federal law? The no tax on internet (or what ever it was called) was approved not that long ago, according to my memory. Federal law trumps state law, and thus makes this illegal in my opinion.

    Please be advised, I am not a lawyer and this is not legal advice.
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    • Profile picture of the author CDarklock
      Originally Posted by timpears View Post

      It is amazing how people seem to think that if we raise taxes on people we will be able to generate more revenue to the treasury and thus balance our books.
      That's not what the states are thinking.

      The people who buy online still owe state tax whether the vendor collects it or not.

      But since the state has no way to check how much they bought online, these people don't report that they owe the tax and therefore they don't pay it. And there's no way for the state to get the money that they are already legitimately owed.

      So the state wants online vendors to collect state sales tax for them, and report it, so they will get the tax money they are already entitled to.

      Taxes aren't going up. The states are simply reducing your ability to successfully evade lawful taxes. It may feel like your taxes went up, but that's only if you're already breaking the law.
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      "The Golden Town is the Golden Town no longer. They have sold their pillars for brass and their temples for money, they have made coins out of their golden doors. It is become a dark town full of trouble, there is no ease in its streets, beauty has left it and the old songs are gone." - Lord Dunsany, The Messengers
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  • Profile picture of the author timpears
    When I buy from Amazon, I pay sales tax because they are located in Washington state and so am I. But if you are in another state, then I see no reason that Amazon is responsible for collecting that tax. If you don't pay it when you receive it, then that is not Amazon's problem. That is between you and the state treasury.

    There is no winner in this fight. If the states push this, then the affiliates will not earn that money and thus pay less in state income tax. Everyone loses that way.
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    Tim Pears

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  • Profile picture of the author onSubie
    Originally Posted by MichelleGreene View Post

    To avoid confusion, we would like to clarify that this development will only impact our ability to offer the Associates Program to Connecticut residents and will not affect their ability to purchase from www.amazon.com.
    I'm in Canada, but I'm not going to pretend that makes me immune to nutty tax laws (!) You can't order from amazon.com in Canada anyway, you have to order from amazon.ca. But you can be an affiliate and sell to the US market.

    The crazy thing about these laws (as the above quote implies) is that the state only taxes sales that are generated through state residing affiliates. As Amazon says, it doesn't affect people in the state being able to order from Amazon directly or through non-resident affiliate sites.

    If the state made the law such that all residents had to pay tax on anything they ordered from amazon (or any out-of-state vendor) that would:

    a) Not punish affiliates because Amazon would have to collect the tax no matter how that state consumer reached their web site.

    b) Create a revolt among consumers (and voters) in that state.

    c) Exceed their jurisdiction in tax law (I'm not a lawyer).

    I can see why Amazon and affiliates thinks this is an illegal application of tax law. Because an independent sales person sends an out-of-state corporation a lead, all Amazon revenue generated from that lead is taxable? But if a resident types "amazon.com" directly into their browser, that revenue is not taxable?

    That doesn't even make logical sense.

    The unfortunate thing is this tax grab only impacts affiliates in the state (who pay income taxes, buy goods and services and vote). It has zero impact on Amazon who probably doesn't even notice a blip in traffic for more than 5 minutes when a whole state's affiliate system is dropped.

    Another state (Texas?) did something like this because Amazon had a distribution centre (as a separate business entity) in the state and so it was deemed to be physically located in the state. Amazon closed the distribution centre.

    Move to Canada, "land of the free and home of the polite".



    Mahlon
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