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Old 22nd May 2008, 11:02 PM   #1
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Join Date: Mar 2006
Location: Rochester, NY
Posts: 151

Default New York State And Affiliates

Hey folks. Haven't posted here in a long while, but I was surprised to not see a thread on the below issue here yet.

New York State is looking to force the collection of taxes by out of state merchants on sales to New York residents IF:

1.) They have pay for performance relationships with NY based companies that generate in excess of $10,000 in annual sales TO NEW YORK residents (includes affiliates, and all other sales agents who are paid commission only).

2.) They don't already collect NYS sales tax on purchases made by New York residents.

It's a complicated ruling by NY, and will more than likely be adopted by other States if successful. Amazon has already filed suit, declaring it unconstitutional.

You can read more about this VERY important legislation either at my sig below, or through any number of sources, such as the DMA, Internet Retailer, etc.

I have also studied this extensively (since I live in NY), and will be happy to answer any questions as best I can. Bear in mind, I'm not an attorney, and you should DEFINITELY consult your attorney if you have any pay for performance relationships with New York residents (either as sole proprietors or corporations).

Mods: I thought the affiliate marketing forum was the most appropriate place for this, but feel free to move it.

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Last edited by KevinW; 22nd May 2008 at 11:09 PM.
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