--- Date: Thu, 15 Nov 2001 19:43:38 -0500 Subject: Senate Extends Moratorium on Internet-Access Taxes From: Matt_Raymondat_private (Matt Raymond) The U.S. Senate tonight on a voice vote extended the moratorium on Internet-access taxes, and taxes that discriminate against the Internet, by two years. The moratorium had expired on Oct. 21, 2001. The bill, which passed the House last month, now moves on to the White House for the President's signature. The President is expected to sign the bill, according to a recent Statement of Administration Policy. Senator George Allen (R-VA) has been a vocal proponent of a "clean" extension of the moratorium. He also was a chief opponent of a controversial amendment to create new Internet taxes and to compel retailers outside the boundaries of a State or locality to collect and remit sales taxes to that political entity. That amendment failed on a vote of 43-57. Earlier today he also announced the endorsement of the clean two-year extension by the Senate Republican High Tech Task Force, which he chairs. On the Senate floor this evening, Senator Allen said: "The reality is if we pass this amendment, the substitute imposes Internet access taxes and allows discriminatory taxes on the Internet. … This does complicate the tax code. It is a very complex issue, which actually makes it worse. There are unfair taxes that could occur even within a State if this were adopted and, indeed, has added taxes. "Now, if we allow this amendment to be put on, let's make no doubt about it, the House is not going to conference; we will have this expired moratorium continuing. There are already States that have access taxes that are grandfathered. These are taxes like the Spanish-American War tax that was put on for telephone service, a "luxury." Once a tax is put on by a State or locality, it is very hard to get them off. … "Our side, the opponents of this amendment, side with individuals. We side with entrepreneurs, rather than siding with the tax collectors. "Now, we have heard here that this is a loophole. The fact that someone who has no physical presence in a state gets no benefits from fire or police services, that they do not have to collect and remit sales and use taxes to 7,600 jurisdictions, that that's not a level playing field or it is a loophole. I look at the Internet as an individualized enterprise zone where the consumer, the individual, the human being is the one making the decisions, not tax-collecting bureaucracies. … "While this is all very well-intentioned, the solution is not burdening the free enterprise system. The solution is not harming the Internet and the capabilities and potential and possibilities of the Internet for education, communication and commerce. And indeed what is being tried here with the Enzi-Dorgan amendment is to abrogate and negate a settled constitutional law from court decisions, whether it was the Quill decision or Bella Hess decision that says there can't be taxation without representation. "I would like to work with the proponents of this amendment to find a system where the folks who care about local schools, as Senator Dorgan stated, can pay those use taxes. But I am going to stand on the side of freedom, freedom of the Internet, trusting individuals and entrepreneurs, not on the side of making this advancement in technology easier to tax for the tax collectors." --- NEWS FROM . . . U.S. REP. CHRISTOPHER COX CALIFORNIA <http://cox.house.gov>http://cox.house.gov Internet Tax Moratorium Extended Senate Finally Acts to Renew Ban on Discriminatory Taxes WASHINGTON (Thursday, November 15, 2001)-Today, the Senate approved House Policy Chairman Cox's Internet Non-Discrimination Act (H.R. 1552), a two-year extension of the existing Cox-Wyden moratorium on new, special, and discriminatory Internet taxes that was enacted in 1998. "This is wonderful news," said a much-relieved Chairman Cox. "Senator Wyden deserves a gold medal for his resolve to pass this bill. His commitment to disarming the tax collectors who target the Internet for discriminatory tax treatment is heroic." Last April, Vice President Cheney called on Congress to extend the Internet tax moratorium, and to enact a permanent ban on all Internet access taxes before the year was out. H.R. 1552 extends the moratorium on multiple and discriminatory taxes, and bans access taxes for two more years. The legislation also extends the "Sense of the Congress" resolution that there should be no federal taxes on Internet access or electronic commerce, and that the United States work aggressively through the EU and WTO to keep electronic commerce free from tariffs and discriminatory taxes. "Although I would have preferred to honor Vice President Cheney's wishes that access taxes be banned permanently, this is a fair compromise," said Chairman Cox. "The bottom line is that consumers know that for the next two years, the Internet will not be singled out for unfair tax treatment." # # # Contact: Fraser Traverse (202) 225-5611 --- ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. 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