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0 E vnx, 18 FPS 57 008 <br />RESOLUTION ON DELAYING CONGRESSIONAL ACTION ON INTERNET <br />TAX MORATORIUM <br />WHEREAS, out-of-state remote sellers who conduct sales via the Internet, mail order, <br />and phones are not required by law to collect existing sales and use taxes imposed by state and <br />local governments; and <br />WHEREAS, the primary barrier to collecting taxes on remote sales is the Supreme <br />Court's ruling in Quill V. North Dakota which defers to Congress to authorize states to require <br />remote sellers to collect taxes in a manner that does not unduly burden Interstate commerce; and <br />WHEREAS, state and local governments are working together to implement a <br />streamlined sales tax system that would simplify definitions, tax rates and tax bases and use 21 ` <br />Century technology in the collection process; and <br />WHEREAS, current laws create a competitive disadvantage and great inequities between <br />merchants who sell from traditional "brick-and-mortar" establishments and those who sell from <br />electronic stores; and <br />WHEREAS, increasing sales on the Internet, and the resulting erosion of sales and use <br />tax revenues, will limit the ability of states and governments and school districts to finance <br />essential public services such as police, fire, emergency medical service, education, social <br />services, infrastructure development, and healthcare; and <br />WHEREAS, a recent University of Tennessee study estimates that state sales tax <br />revenue losses in 2003 will exceed $10 billion; and <br />WHEREAS, the Advisory Commission on Electronic Commerce failed to reach a legally <br />required consensus on fair and equitable treatment of both remote sellers and "Main Street" <br />retailers and also proposed that Congress preempt state and local sovereignty guaranteed by the <br />U.S. Constitution. <br />THEREFORE BE IT RESOLVED that the Lee County Board of Commissioners <br />supports simplification of state and local sales taxes, and urges states to move expeditiously to <br />develop and approve model simplification legislation; and <br />BE IT FURTHER RESOLVED that Congress should not extend or expand the current <br />moratorium until its expiration in October 2001; and <br />BE IT FURTHER RESOLVED that if state and local governments choose to negotiate <br />a brief extension of the existing moratorium as part of a broader bill, such an extension: <br />Should only be effective for a short period of time (no more than two years); <br />and <br />Must be linked to states' successfully implementing sales tax simplification, <br />which would trigger Congressional authorization of pa d duty to collect <br />use taxes on remote sales. _ n <br />Herbert A. Hincks, Chairman <br />Adopted May 1, 2000. <br />