I’m glad the Governor signed compromise legislation today to help get some California affiliates back to work and bring thousands of Amazon.com distribution jobs to California. That’s very good news.

Unfortunately, this legislation is by no means a cure-all. It does nothing to solve the long-term problems created by the Legislature’s botched efforts to compel out-of-state retailers to serve as California’s tax collectors.

Absent a federal solution, which is highly unlikely in such a short time frame given all of the competing interests, we’ll be right back in the same mess in a year. The State of California will again be killing California jobs, driving away investment and inviting costly litigation.

Let me be clear: this compromise legislation, while welcome, provides only a short-term delay to a bad law that will never produce the revenues, nor the level-playing field, its proponents imagine.… Read More

AB 155, as proposed to be amended, will retroactively repeal the “Amazon Tax” for a year or longer, allowing time for impacted parties to seek a federal solution to the dispute.

This is far from a perfect plan, but politics is the art of compromise. It’s a good thing when competing interests are able to come together on a contentious issue.

The deal provides at least a one year reprieve for affiliate businesses whose livelihoods have been disrupted by the dispute. It allows time for impacted parties to seek a federal solution to this issue. Congress has always been the right venue for this conversation.

However, I’m disappointed that this deal provides no certainty for thousands of affiliates who partner with out-of-state online retailers other than Amazon. The uncertainty will discourage these companies from creating new jobs and investing in our state.

Furthermore, the Legislature refused to include a pathway to immediately bring Amazon jobs to California. I’ll be working with Amazon and legislators to find a way to expedite their presence in order to bring thousands of new jobs to our state as soon as possible.

Throughout the year… Read More

I sent a letter to theGovernor and legislative leaders todayurging them to consider aproposal by Amazon.com that would bring an estimated 7,000 jobs to California. I also asked them to re-evaluate the projected budget revenue associated with the “Amazon Tax” (AB 28X).

Read my letter here.… Read More

Although I continue to remain deeply concerned about California’s economic recovery, I’m pleased to report that our state’s budget picture—at least when it comes to sales tax—isn’t quite as bleak as it might seem.

On Tuesday, the State Controller reported that sales and use tax general fund revenues for the month of July were $977.6 million, 12.5% below the Department of Finance projection of $1.12 billion.

However, BOE actually received $1.64 billion in July, more than half a billion dollars above the budget projection cited by the Controller.

The competing revenue numbers are the result of two different methods of accounting. As required by statute, the Controller looks at “money in the bank,” which does not include pending deposits. BOE numbers reflect “money in the door,” which includes all payments—including those received but not yet deposited.

The last few days of July saw more than $600 million in sales tax revenue received by BOE. These dollars were not included in the Controller’s report because they had not yet been deposited into state coffers. Retail… Read More

Editorial boards and newspaper columnists are quick to assign “greed” as the motive driving Amazon, eBay and others to oppose a new law aimed at making more out-of-state online retailers collect sales tax on behalf of the State of California. But the greediest actor in this drama isn’t Amazon —- it’s the government.

You see, online retailers didn’t pick this fight. State lawmakers did —- out of misguided lust for revenue they’ll never see.

Put aside the rhetoric and consider the facts. Under the U.S. Constitution, state lawmakers can’t compel out-of-state retailers to collect sales tax unless those retailers have a physical retail presence —- known as “nexus” —- in our state. Californians are supposed to pay use tax —- the equivalent of sales tax —- on out-of-state purchases, but few do.

It works the same way in reverse. California businesses making out-of-state sales in states where they have no brick-and-mortar retail presence don’t have to register with the tax bureaucracies in those states, collect and remit sales tax or be subject to audits. In five states where Amazon collects and remits sales tax, many California… Read More

California taxpayers are celebrating a rare victory. Despite Democrat efforts to extend them, the sweeping “temporary” tax increases of 2009 have gone away. This is an uncommon treat, as many prior tax hikes sold as “temporary” are still with us today.

As Californians enjoy the benefits of this victory, today marks the 20th anniversary of a prior sales tax increase that is still with us. On July 15, 1991 Californians were impaled with a “temporary” sales tax increase of 1.25%. This measure was enacted by the Legislature to address the state budget shortfall during the early 1990s economic downturn.

Fast forward to June of this year. A 2009 sales tax rate increase of 1% was set to expire on July 1, 2011. Despite a vote of the people against extending this and other temporary tax increases, Governor Jerry Brown and Democrat legislators unsuccessfully sought a five year extension of these taxes.

These higher taxes amounted to billions of dollars per year out of the pockets of struggling Californians and into the hands of wasteful government. Combine the 2009 temporary sales tax increase with the 1991 temporary sales tax increase, and… Read More

The statewide sales and use tax rate will decrease from 8.25 percent to 7.25 percent on July 1, 2011. This is great news for overtaxed Californians, who bear the sixth highest overall tax burden in the nation. A lower sales tax will help our state’s economy and help job creation.

There’s still time for a budget deal before July 1, but it’s already too late to extend the higher sales tax. According to a June 6 Board of Equalization letter, the minimum amount of time necessary to notify retailers of a sales tax rate change is 15 days.

In May 2011 the Board of Equalization notified approximately 680,000 California retailers and out-of-state businesses that make sales in California that the statewide sales and use tax rate will decrease from 8.25 percent to 7.25 percent on July 1, 2011.

Temporary taxes often have a way of sticking around—keep in mind that the 1991 ‘temporary’ 1.25% sales tax increase is still with us today! It will be good for California if this latest sale tax hike goes away and stays away,… Read More

The Bee’s latest rant against Amazon.com was heavy on rhetoric but light on substance. It accused the online retailer of being a dishonest “scofflaw” with “questionable ethics” for allegedly refusing to abide by the same rules as “honest retailers.”

Why only Amazon is singled out as a scofflaw isn’t clear. Like Amazon, thousands of out-of-state companies make sales into California each year without collecting and remitting sales tax. Californians are supposed to pay use tax on these purchases, but according to The Bee’s logic, these retailers are the real scofflaws for failing to do “good deeds” by collecting taxes they aren’t legally required to collect.

Does The Bee really think California’s retailers should collect sales taxes for 44 other states plus the District of Columbia even though the law doesn’t require them to do so?

And does The Bee’s parent company McClatchy out of the goodness of its heart pay sales tax for subscribers who live in other states? For instance, does… Read More