What is the Status of Affiliate Marketing in NY?

7 replies
Sorry if this info. is already in the forum, if so, please just direct me to it.

Otherwise, can anyone update me on what is going on in NY regarding affiliates? Is it still possible to earn commissions from most merchants?

We are thinking of moving back to NY, so I need to know what changes if any I will need to get ready for.

#affiliate #marketing #status
  • Profile picture of the author KirkMcD
    There are still plenty of merchants that work with NY affiliates.
    Any existing relationships you have are subject to review though.
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  • Profile picture of the author Shannon Tani
    Thanks for asking about this. I want to move back to NY as well.


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  • Profile picture of the author IMChick
    What's the back story on NY? A link would be great. Thanks.
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  • Profile picture of the author Clark

    Since June 1, 2008, NY wants state taxes collected from all ecommerce sites with affiliates based in New York state.

    NY is claiming that an affiliate is a physical presence thus, NY has the right to collect state taxes from online retailers located out of state.

    The current ruling by the US Supreme Court states that if a company does not have physical presence within a particular state then that state can't require the company to collect and remit sales tax on customers located in that state.

    NY is trying the "local" affiliate route claiming that counts as physical presence so NY can jump through that loophole worth an estimated 50-70 million in state taxes per year.
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    • Profile picture of the author Jill Kane
      Thanks for the information. So, is any work being done to try to overturn this or is it basically just something to live with?

      And, don't you see other states following NY if they are successful at keeping this in place? I would think all affiliates sould be concerned? I mean with the Internet crossing all boundaries, I can see this whole tax thing really getting out of control. Every government agency wanting their piece of the action.
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  • Profile picture of the author IMChick
    Clark, Thanks for that info. (The reference to it in the OP just went over my head).
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