(Crain's) — Amazon made good on threats to counter a new Illinois law that broadens sales taxes on online purchases, while Sears joined groups applauding the measure.
The law, which went into effect with Gov. Pat Quinn's signature Thursday, requires online merchants to collect sales tax on purchases made through business partners based in Illinois.
Seattle-based Amazon is cutting ties to those Illinois-based affiliates — about 9,000 websites that refer shoppers to Amazon's site and receive a commission on the purchases, the Wall Street Journal reported Friday.
Rebecca Madigan, of Camarillo, Calif.-based trade group Performance Marketing Assn., told the Journal the Illinois affiliates generated ad revenue of $611 million in 2009 and $18 million in tax revenue. Illinois will lose up to 30% of the tax revenue, she estimates, as the firms lose business, cut jobs or move out of state.
Chicago-based CouponCabin.com helps people find bargains with a wide array of businesses, including Amazon. Now when Illinois residents buy something from Amazon through CouponCabin, they'll have to pay sales tax.
CouponCabin is threatening to leave Illinois rather than risk losing its arrangement with Amazon.
"The only result of this law is that high-growth businesses like CouponCabin will be driven out of Illinois to maintain their relationships with out-of-state merchants," Scott Kluth, president of CouponCabin, said in a statement.
Sears Holdings Corp. is among the retailers and groups praising the new law.
In a statement, Sears — referring to the measure as the "E-fairness law" — praised it for helping "to correct a longstanding problem of out-of-state businesses not collecting and remitting the sales tax in Illinois, a practice that has put brick-and-mortar retailers at an unfair competitive disadvantage for far too long." The retailer said the law restores "long overdue fairness to the tax system for retailers and taxpayers in Illinois."
David Vite, president and CEO of Illinois Retail Merchants Assn., said the law will keep national online companies from taking advantage of a tax loophole that isn't available to their Illinois competitors.
"They are bullying small businesses," Mr. Vite said. "They don't want to collect the tax because they like that competitive disadvantage."
The amount of money at stake in Illinois is relatively small for now.
The Illinois Department of Revenue says Internet shopping would have generated $153 million for state government last year if it had been subject to the state's 6.25% sales tax. But the new law doesn't apply to all sales, just those made through Illinois affiliates. Officials say they don't know the size of that portion of Internet sales.
The new tax law requires the Revenue Department to remind Illinois residents that they are supposed to be paying taxes on all online purchases. Failure to do so will result in penalties and interest on outstanding taxes. Taxpayers get amnesty on purchases made between July 1, 2004, and Dec. 31, 2010.
The Illinois Chamber of Commerce has mixed feelings about the new law, lobbyist Todd Maisch said. While it makes competition more equitable, he said, it also could raise prices and hurt some Illinois companies.
"There are a lot of businesses whose business model is to work with companies like Amazon essentially as marketing partners," Mr. Maisch said. "They're the ones that will be impacted by the bill."
Meanwhile, Sears says it's ready to pick up the affiliates Amazon is cutting. "We recognize and value our relationships with our over 6,500 affiliate partners and the state and local communities we serve and we look forward to adding new affiliates," the company said in the statement.
(The Associated Press contributed to this report.) Article originally appears in Crain's Chiacgo
