The U.S. state of Michigan
has jumped the gun on the internet sales tax debate by announcing
the introduction of a new 'remote sales tax' next April. Michigan's
personal income tax forms for 1999 will ask taxpayers to estimate
the value of e-commerce purchases they make during the year and
pay a 6 percent use tax (also referred to as 'remote sales tax').
The announcement by Michigan
has been roundly ridiculed in the US by supporters of the tax-free
internet camp, mainly because it is considered to be premature
and unenforceable. Once commentator even went so far as to say
that remote sales tax will "sit out there like a stinking fish."
Despite the current moratorium
on new internet taxes in the US, Michigan's 'remote sales tax'
is not illegal as it was already on the Michigan books before
the freeze but had no mechanism for enforcement.
However, critics of the tax argue
that the only people likely to pay the remote sales tax will be
the "weak and easily intimidated" who are almost certain to become
tax audit targets.
A spokesperson for the Michigan
Department of the Treasury said that they believe the tax
will be enforceable but also conceded that they will need to provide
a lot of leeway initially as most people will not have been aware
that they should be keeping receipts for e-commerce transactions.
The President of the Freedom Foundation
Jeffrey Eisenach says there is no way to enforce the remote sales
tax fairly. "I think what most people have concluded... is the
realization that a tax that can't be enforced equitably is a tax
that is inherently unfair," Eisenach said. "Since there is no
way it can inherently be enforced, you might as well give people
a voluntary opportunity to pay taxes. I don't think they will
get very much compliance." Eisenach's views have also been supported
by Advisory Commission on Electronic Commerce (ACEC) member and
Tax Reform President Grover Norquist.