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To: Thomas Barnes who wrote (336)1/19/1999 7:42:00 AM
From: Dr. Harvey  Read Replies (1) | Respond to of 2513
 
No need. A similar measure was floated late last year but failed to materialize. With Gore expected to be in power the remaining two years of this administration I think we are safe for now.

Besides, pissing off computer people will surely backfire on those that vote in favor of such a fool hardy tax. I don't even want to think about how severely a congressman could be punished by a motivated hacker for messing with freedoms on the net.



To: Thomas Barnes who wrote (336)1/19/1999 7:55:00 AM
From: Dr. Harvey  Read Replies (1) | Respond to of 2513
 
The Internet Tax Freedom Bill, H.R. 4328
signed into law October 21, 1998

TITLE XI—MORATORIUM ON CERTAIN TAXES

SEC. 1100. SHORT TITLE.
This title may be cited as the ‘‘Internet Tax Freedom Act''.

SEC. 1101. MORATORIUM.

(a) MORATORIUM.—No State or political subdivision thereof shall
impose any of the following taxes during the period beginning on
October 1, 1998, and ending 3 years after the date of the enactment
of this Act—

(1) taxes on Internet access, unless such tax was gen-erally imposed
and actually enforced prior to October 1, 1998; and

(2) multiple or discriminatory taxes on electronic commerce.

(b) PRESERVATION OF STATE AND LOCAL TAXING
AUTHORITY.—Except as provided in this section, nothing in this title
shall be construed to modify, impair, or super-sede, or authorize the
modification, impairment, or super-seding of, any State or local law
pertaining to taxation that is otherwise permissible by or under the
Constitution of the United States or other Federal law and in effect on
the date of enactment of this Act.

(c) LIABILITIES AND PENDING CASES.—Nothing in this title affects
liability for taxes accrued and enforced be-fore the date of enactment
of this Act, nor does this title affect ongoing litigation relating to such
taxes.

(d) DEFINITION OF GENERALLY IMPOSED AND ACTU-ALLY
ENFORCED.—For purposes of this section, a tax has been generally
imposed and actually enforced prior to Oc-tober 1, 1998, if, before
that date, the tax was authorized by statute and either—

(1) a provider of Internet access services had a rea-sonable
opportunity to know by virtue of a rule or other public proclamation
made by the appropriate administra-tive agency of the State or
political subdivision thereof, that such agency has interpreted and
applied such tax to Internet access services; or

(2) a State or political subdivision thereof generally collected such tax
on charges for Internet access.

The aim of the Internet Tax Freedom Act is neutral tax treatment of
economic activity, electronic or otherwise. Toward this end, the bill
precludes state and local taxes that discriminate against or single out
the Internet. Highlights of the Internet Tax Freedom Act:

Tax-Free Internet Access. Prohibits state and local governments from
imposing taxes on Internet access charges--the $19.95 or so that
millions of Americans pay to our nation's 4,000 Internet service
providers (including both "pipeline" services like Erol's and value-added
online services like America Online or Compuserve).

No discriminatory treatment of the Internet. Protects against the
imposition of new tax liability for consumers and vendors involved in
commercial transactions over the Internet. This includes the
application of discriminatory tax collection requirements imposed on
out-of-state businesses through strained interpretations of 'nexus.'

Study and Report to Congress. Directs the Administration, in
consultation with Congress, to study U.S. and international taxation of
Internet commerce and to make recommendations to Congress on
whether the Internet ought to be taxed and how taxes can be applied
without subjecting Internet and electronic commerce to special,
discriminatory, or multiple taxation.

Promotes Global Free Trade on the Internet. Calls on the
Administration to demand that foreign governments keep the Internet
free of taxes and tariffs.

The Internet Tax Freedom Act's goal is to provide much more
certainty in questions relating to tax liability. This is in everyone's best
interest. It's in the best interest of the rural family that wants to start a
business on the Internet so that they can have access to a global
marketplace. It's in the best interest of Internet users, who want to
know that any products or services that they purchase using the
Internet aren't subject to multiple or special taxation. And it's in the
best interest of tax collectors, who want clear rules about what kinds
of transactions can be taxed and who will collect the tax.

Should the Internet remain tax free?
Yes:
97%
No:
3%

Votes: 26029