Rare Book Monthly

Articles - June - 2011 Issue

Amazon in Pitched Battle Over Sales Taxes

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Perhaps the biggest battle over sales taxes is taking place right now between online bookselling pioneer Amazon.com and numerous states. It does not look to be reaching booksellers who list on Amazon or its subsidiary sites (AbeBooks) yet, though it could affect dealers who also serve as Amazon "affiliates," that is, those with websites that direct customers to the Amazon site in return for a percentage of the sale Amazon makes to those consumers. Perhaps, Amazon's tough stand may lead to a reevaluation of state sales taxes, in which case this battle could affect everyone who sells on the web. One thing is clear - Amazon has no fear of playing hardball at the highest level with anyone. They do not back down.

 

State and local sales taxes are the proverbial can of worms of interstate commerce. If you sell a book at your local store, you collect your state and local sales taxes, whatever they might be, and it's a nuisance but not all that difficult. However, if you are Amazon, or any online bookseller, you sell in every state and locality around the nation. Each of those has its own state and local tax rates, and each a list of items that are and are not taxed. And, each of those states and localities believe it is entitled to collect tax at its own rate on every sale made to one of its residents, even if the seller is located in, say, Seattle, Washington.

 

Not only do the states and localities feel this way, so do local businesses. Barnes and Noble does not like the idea that Amazon can sell into its market and offer customers tax free shopping, while they have to collect a tax that may run close to double digits. If you have a local shop, you probably feel the same way. It's unfair competitively.

 

However, if you are Amazon, or if you sell nationally over the internet, the thought of collecting local sales taxes is daunting. You have to figure out, for every customer, what the tax rate is for his or her state and locality. If all you sell is books, it is easy to figure out whether your product is taxed, but if you sell thousands of items, like Amazon, you also have to figure out which items are taxed in which states, and which are not. Talk about a headache! Then you have to file forms and make regular payments to 45 different taxing authorities (Oregon, Montana, Alaska, New Hampshire, and Delaware do not impose sales taxes), while collecting varying amounts for different localities within each state, since each town may tax at a different rate. An Amazon would be a bit more equipped to handle this as they could afford some advanced software to automate the process, but for a small bookseller this could be a bookkeeping nightmare beyond comprehension.

 

The burden collecting such sales taxes would impose has never bothered the states much. They want the money. They would be happy to impose the burden on out-of-staters. However, years ago, the U.S. Supreme Court said no. They said such a requirement would place an illegal restraint on interstate commerce. Therefore, businesses could only be required to collect sales taxes if they had a "nexus" with the state in question. A "nexus" means some sort of connection, and just what is a sufficient connection to require a business to collect sales taxes on behalf of a state has been litigated over the years. Generally, it is thought to mean some sort of physical presence. The surest way to avoid the tax-collecting burden is simply to have no connection at all with states other than the one in which you are located.

 

States have attempted to get around this problem by imposing what is known as a "use tax" on their residents. A use tax is imposed by a state on its own residents, and it says that if you purchase from an out-of-state merchant who is not required to collect your local sales tax, you must fill out a form and pay an amount equal to the sales tax to the state yourself. All states have these. Do you pay your use tax? Remember, everything you say can and will be used against you. This is why we have a Fifth Amendment - so you won't have to answer questions like this. The amount of use tax collected compared to the amount theoretically owed is generally negligible. Some states have become nasty - attempting to subpoena sales records from out-of-state retailers to find which of their citizens owe use taxes, but so far the impact of aggressive use tax enforcement is also negligible.

Rare Book Monthly

  • <center><b>Cowan’s Auctions<br>The Road West: The Steve Turner Collection of African Americana<br>February 20, 2020</b>
    <br>Cowan’s, Feb. 20:</b> Harriet Tubman Cabinet Card by H.S. Squyer, Auburn, NY, 1892. $10,000 to $15,000
    <br>Cowan’s, Feb. 20:</b> Scarce <i>Events of the Tulsa Disaster,</i> First Edition, 1922. $4,000 to $6,000
    <br>Cowan’s, Feb. 20:</b> Unpublished CDV of Frederick Douglass by Benjamin F. Smith, 1864. $3,000 to $5,000
    <center><b>Cowan’s Auctions<br>The Road West: The Steve Turner Collection of African Americana<br>February 20, 2020</b>
    <br>Cowan’s, Feb. 20:</b> California Imprint of <i>President Lincoln's Emancipation Proclamation</i> Broadside, 1864. $10,000 to $15,000
    <br>Cowan’s, Feb. 20:</b> John C.H. Grabill Cabinet Card of Buffalo Soldier Wearing Buffalo Coat, ca 1886. $8,000 to $10,000
    <br>Cowan’s, Feb. 20:</b> Rare <i>What Mrs. Fisher Knows About Old Southern Cooking,</i> 2nd Cookbook Published by African American. $6,000 to $8,000
    <center><b>Cowan’s Auctions<br>The Road West: The Steve Turner Collection of African Americana<br>February 20, 2020</b>
    <br>Cowan’s, Feb. 20:</b> Frederick Douglass Walking Stick, 1888. $3,000 to $5,000
    <br>Cowan’s, Feb. 20:</b> Only Known Slave Narrative Published Independently in California, <i>Life and Adventures of James Williams.</i> $2,000 to $4,000
    <br>Cowan’s, Feb. 20:</b> Rare First Edition of History of Black Literature, Abbé Grégoire <i>De La Littérature des Nègres</i>. $2,500 to $3,000
    <center><b>Cowan’s Auctions<br>The Road West: The Steve Turner Collection of African Americana<br>February 20, 2020</b>
    <br>Cowan’s, Feb. 20:</b> African American Soldier and Medal of Honor Winner Christian A. Fleetwood CDV, PLUS. $8,000 to $10,000
    <br>Cowan’s, Feb. 20:</b> Jack Johnson vs. Jim Jeffries Pennant, 1910 Reno, Nevada. $2,000 to $4,000
    <br>Cowan’s, Feb. 20:</b> Joe Gans Photograph at 1906 Goldfield, Nevada Fight by Percy Dana. $600 to $800
  • <b>Swann Auction Galleries Feb 20:</b> Jane Austen, <i>Sense and Sensibility: A Novel, By a Lady,</i> 3 volumes, London, 1811. $30,000 to $40,000.
    <b>Swann Auction Galleries Feb 20:</b> Virginia Woolf, <i>Kew Gardens,</i> limited edition, signed by Woolf & Bell, London, 1927. $5,000 to $7,500.
    <b>Swann Auction Galleries Feb 20:</b> <i>[Arabian Nights],</i> Calcutta II version, 4 volumes, Calcutta & London, 1839-1842. $12,000 to $18,000.
    <b>Swann Auction Galleries Feb 20:</b> Princess Diana, 6 ALS to <i>Harper’s Bazaar</i> editor, anticipating Christie’s sale of her dresses for charity, 1995-97. $6,000 to $9,000.
    <b>Swann Auction Galleries Feb 20:</b> Jane Austen, <i>Emma,</i> first edition, London, 1816. $15,000 to $20,000.
    <b>Swann Auction Galleries Feb 20:</b> Hirohito & Nagako, Emperor & Empress of Japan, 2 photographs signed, showing Nagako in kimono & obi bearing the imperial seal. $6,000 to $9,000.
    <b>Swann Auction Galleries Feb 20:</b> Princess Diana, 6 autograph letters signed to <i>Harper’s Bazaar</i> editor Elizabeth Tilberis, anticipating Christie’s announcement of a sale of her dresses for charity, 1995-97. $6,000 to $9,000.
    <b>Swann Auction Galleries Feb 20:</b> Sarojini Naidu, complete galley proof of <i>The Broken Wing</i> signed with several holograph pages & an autograph letter signed to writer Edmund Gosse, 1916. $6,000 to $9,000.
    <b>Swann Auction Galleries Feb 20:</b> Fernando Pessoa, <i>Mensagem,</i> first edition, presentation copy, signed & inscribed, Lisbon, 1934. $5,000 to $7,500.
    <b>Swann Auction Galleries Feb 20:</b> Graham Greene, <i>The Basement Room,</i> first edition, Greene’s personal copy, signed with annotations throughout, London, 1935. $4,000 to $6,000.
    <b>Swann Auction Galleries Feb 20:</b> Abraham Lincoln, partly-printed document signed, call for troops issued during America’s first national draft just days before the NYC draft riots, 1863. $15,000 to $25,000.
    <b>Swann Auction Galleries Feb 20:</b><br><i>Les Chansons de Bilitis</i> by Pierre Louÿs, illustrated by George Barbier & F.L. Schmied, Paris, 1922. $8,000 to $12,000.
  • <b>Bonhams, Mar. 6:</b> Helvelius. Two Autograph Letters Signed to Francis Aston, Royal Society Secretary, noting his feud with Robert Hooke, 5 pp total, 1685. $70,000 to $100,000.
    <b>Bonhams, Mar. 6:</b> Newton, Isaac. Autograph manuscript on God, 4 pp, c.1710, "In the beginning was the Word...."?$100,000 to $150,000.
    <b>Bonhams, Mar. 6:</b> Beethoven's Ninth Symphony. First edition, first issue. Untrimmed copy in contemporary boards. $30,000 to $50,000.
    <b>Bonhams, Mar. 6:</b> Lincoln, Abraham. Signed photograph, beardless portrait with Civil War provenance. $80,000 to $120,000.
    <b>Bonhams, Mar. 6:</b> IMPEACHMENT. Original engrossed copy of the first Andrew Johnson impeachment resolution vote. $120,000 to $180,000.
    <b>Bonhams, Mar. 6:</b> Mucha, Alphonse. 11 original pencil drawings for?<i>Andelicek z Baroku,</i> "Litte Baroque Angel," Prague, 1929. $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Einstein, Albert. Annotated Galley Proofs for <i>The Meaning of Relativity.</i> 1921. $25,000 to $35,000.
    <b>Bonhams, Mar. 6:</b> Silverstein, Shel. Original maquette for <i>The Giving Tree,</i> 34 original drawings. $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Roth, Philip. Typed Manuscript with substantial autograph corrections for an unpublished sequel to <i>The Breast.</i> $10,000 to $15,000.
    <b>Bonhams, Mar. 6:</b> Taupin, Bernie. Autograph Manuscript, the original draft of lyrics for Elton John's "Candle in the Wind," 2 pp, 1973. $100,000 to $150,000.
    <b>Bonhams, Mar. 6:</b> HARVEY, WILLIAM. <i>De Motu Cordis et Sanguinis in Animalibus Anatomica Exercitatio.</i> Padua: 1643. $12,000 to $18,000.
    <b>Bonhams, Mar. 6:</b> CESALPINO, ANDREA. <i>Peripateticarum Quaestionum Libri Quinque.</i> Venice: 1571. $30,000 to $40,000.
  • <b>ALDE, Feb. 26:</b> Leon TOLSTOÏ. <i>Anna Karenina.</i> Moscou, 1878. First and full edition of the Russian novel, in the author’s language.<br>Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> Mark TWAIN. <i>Adventures of Huckleberry Finn (Tom Sawyer's comrade).</i> New York, 1885. First American edition.<br>Est. 5 000 / 6 000 €
    <b>ALDE, Feb. 26:</b> Walt WHITMAN. <i>Leaves of Grass.</i> Brooklyn, New York, 1856. Second edition gathering 32 poems. Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> Karen BLIXEN. <i>Out of Africa.</i> Londres, 1937. First edition in the UK, before Danish translation and American release.<br>Est. 1 500 / 2 000 €
    <b>ALDE, Feb. 26:</b> Ernest HEMINGWAY. <i>A Farewell to Arms.</i> New York, 1929. First edition with $2.50 on the dust and A on the copyright page.<br>Est. 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> James JOYCE. <i>Ulysses.</i> Paris, Shakespeare and Company, 1922. First edition published by Sylvia Beach. Est. 3 000 / 4 000 €
    <b>ALDE, Feb. 26:</b> James JOYCE. <i>Dubliners.</i> Londres, 1914. First edition. Nice copy in publisher’s cardboard. Est. 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> Franz KAFKA. 8 novels in German first edition, published in München, Leipzig and Berlin 1916-1931. Est. from 300 / 400 to 2 000 / 3 000 €
    <b>ALDE, Feb. 26:</b> David Herbert LAWRENCE. <i>Lady Chatterley's Lover.</i> Florence, 1928. Privately printed first edition. Est. 4 000 / 5 000 €
    John STEINBECK. <i>The Grapes of Wrath.</i> New York, 1939. First edition. Nice copy with $2.75 on the cover. Est. 1 000 / 1 200 €

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