Illinois Court rules nexus tax unconstitutional

Discussion in 'Legal Issues' started by attorney jaffe, May 4, 2012.

  1. #1
    In Illinois Circuit Court, Judge Robert Lopez Cepero ruled that the Illinois Affiliate Nexus Tax law violates the Commerce Clause of the US Constitution, declaring the activity described in the statute does not establish nexus. In addition, the Judge agreed with the PMA’s position that this statute is premature, given the Congressional moratorium related to Internet tax fairness.
     
    attorney jaffe, May 4, 2012 IP
  2. dscurlock

    dscurlock Prominent Member

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    #2
    I have no idea what you are talking about.

    But I think most taxes are unconstitutional.

    Then new taxes on stuff you never heard of before.

    and I just love the excuse tax...we are taxing you more because we feel
    that what you consume is bad for you, and we want to discourage you from consuming
    something that should be your god given right anyway. If the govt is so damn
    concerned about our health, then why not just ban unhealthy products?
    its all about money; health is just a convenient term for them to use as an excuse for more taxes...

    I guess a way for the govt to compensate themselves for their failures....
     
    Last edited: May 7, 2012
    dscurlock, May 7, 2012 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #3
    Dave Zan, May 7, 2012 IP
  4. Scotty Mack

    Scotty Mack Member

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    #4
    I saw that and wonder if it will become the basis for how other states decide this. So far, every state is winging it, doing their own thing, which leaves affiliate marketers and e commerce website owners in a real lurch. There is a movement afoot to have the fed step in and make a decision on all of this stuff, since it has a direct correlation to the federal Interstate Commerce Clause.

    I do some guest posting in various places and just posted a piece that some may find enlightening. Though not directly concerning the recent Illinois ruling (which likely will be appealed), the article does discuss the concept of a "nexus" and some of the court cases that have the internet world up in arms. It also discusses some of the options that are currently being discussed to alleviate the confusion. You can see the article at Sales Tax and Ecommerce – Are the Rules Changing?
     
    Scotty Mack, May 9, 2012 IP
  5. attorney jaffe

    attorney jaffe Member

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    #5
    Scotty Mack - The article you posted is excellent!
     
    attorney jaffe, May 9, 2012 IP
  6. Scotty Mack

    Scotty Mack Member

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    #6
    Thank you so much Andrew. That means a lot coming from you! :)
     
    Scotty Mack, May 9, 2012 IP