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Amazon.com Pulls the Plug on California Affiliates

The online retailer giant, Amazon.com, notified 25,000 California affiliates that their relationship was terminated because of a new law requiring online retailers to charge sales tax.

 

Until a few days ago, I was an affiliate with Amazon.com. This meant I could advertise books and other products on my websites and if someone purchased one by clicking my link, I got a small commission for the sale.

On Wednesday night, I and 25,000 other affiliates in California received a curt email from Amazon.com that our relationship was hereby terminated.

The reason? Gov. Jerry Brown had signed into law a bill requiring out-of-state online retailers to start charging sales tax to buyers.

Part of the letter from Amazon.com said, "As a result of this, contracts with all California residents participating in the Amazon Associates Program are terminated effective today, June 29, 2011. Those California residents will no longer receive advertising fees for sales referred to Amazon.com, Endless.com, MYHABIT.COM or SmallParts.com."

The point of this law of course, is to generate revenue for the state. However, those 25,000 affiliates in California paid about $124 million in state income taxes in 2009, which the state may lose because of this new law.

While this won't particularly rock my world, many small businesses who already are struggling because of the economy will be put at risk.

Michele Molitor, an executive coach at Nectar Consulting, Inc. in Hayward, agrees. She said, "While I understand that California is in desperate need of other revenue streams, I think this new bill signed will only hurt small businesses and the state won't gain a significant amount of revenue to make a dent in the budget deficit. The revenues my business generates as an Amazon affiliate aren't huge, but as a small business owner, it all counts."

Oliver Roup, CEO and founder of VigLink, which helps bloggers make money online, was quoted in an article in the San Francisco Business Times on Friday: "A number of merchants have let us know that as long as we remain a California affiliate, they cannot do business with us, so we are looking into alternatives, including moving some or all of our operations out of state and changing the way we do business."

From a buyer's perspective, I, like many of you, I'm sure, look to online retailers to spend my dollars at places that don't collect sales tax. Now this means that we will have less money to spend on purchases, which reduces the amount of sales taxes going to the state.

It's also likely going to mire the state in expensive lawsuits that will cost more than they will help. After all, the U.S. Constitution prohibits states from asserting its taxing authority outside their borders unless the retailer maintains a significant physical presence in the state —which Amazon.com, Overstock.com and the others don't have.

Denise Chambliss, attorney at law at Garcia and Gurney in Pleasanton, said, "While there are ripples caused by the termination of California affiliates by Amazon and Overstock in opposition to the California tax of online purchases, the simple truth is that California needs sales tax revenue to balance the budget. The extent of the loss of the affiliate business just cannot be predicated at this time and it is too early as to whether the revenues from the sales tax revenue will compensate for the loss of income tax from the affiliate operations."

Hmmm... so the jury is still out, I suppose.

I'm not a pundit who has the answers to the state's economic woes, but this law is yet another blow to California small businesses that are struggling to compete in these tough economic times.

About this column: A weekly look into the Livermore Valley business scene. We'll bring you exclusive interviews with CEOs, show how businesses are using high technology, discuss events and provide news that affects local businesses. Related Topics: Amazon.com, California Laws, and Jerry Brown
How will this new law affect how you spend your money at Amazon.com and other online retailers? Tell us in the comments.

Joe

6:19 am on Tuesday, July 5, 2011

Denise sounds as if she may be eyeing a State job down the road. What a pathetic comment from an attorney who obviously has no business sense, and from one who prefers litigation. I got news for you Denise, balancing the budget doesn't just look at revenue generation, it also looks at CUTTING COSTS! Everytime theses morons from government get in trouble they want to TAX their way out of problems. What do we get for these added taxes? NOTHING! They may say we get services from the State, I say let the services GO AWAY, and lets see how much we really miss them.

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Clarence Billingsley

7:55 am on Tuesday, July 5, 2011

In your article you said "From a buyer's perspective, I, like many of you I'm sure, look for online retailers to spend my dollars at places that don't collect sales tax.". I'm sure you'll find it fascinating that since 1935 California has required all it's citizens to pay a "Use Tax" equal to the amount of the sales tax on an item that was purchased out-of-State or at some place not authorized to collect CA sales tax. This means that all those purchases where you thought you were ducking sales tax you were in fact owing the use tax. Had the good people of California, who always seem to favour more taxes, actually paid the use taxes they owed, this intitiative to force out-of-state companies to collect the tax for them would not have come about. Also, there isn't anything stopping the online affiliates from collecting the sales taxes themselves, except that they would not be able to keep these affiliate sales off their income tax forms.

CA affiliates have no one to blame for this but themselves and their legislators.

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Yolanda Fintschenko

5:24 am on Wednesday, July 6, 2011

Hmmm...seems to me Californians can give as good as we get. As one of the top ten economies in the world, if California consumers stopped doing our business with Amazon, they might notice. Boycott, anybody?

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