Software Capabilities Overstated by 972 Days and Counting: Marketplace Fairness Act

On March 28, 2012, David Campbell, FedTax CEO & Co-Founder wrote and signed a letter to Governor Paul LePage of Maine that showed, in part:

“In fact, using our TaxCloud service doesn’t require any resources at all, because it is completely free.” “Any retailer that uses an online “shopping cart” or order management system can register with our service and be ready to collect sales tax in 20 minutes (or less), no matter how small they are.“

  • Please Note: The “20 minute (or less)” letter was signed in 2012. This is 14 months before the U.S. Senate voted and passed their version of the Marketplace Fairness Act (MFA).

During May 2013, prior to the Senate’s vote, I contacted my U.S. Senator’s office and told them that my shopping cart (aspdotnetstorefront.com)  and order management system (Quick Books) was not compatible with FedTax software.

I contacted FedTax and informed them of this issue.

It has been 972 days since CAMPBELL wrote the letter to the Governor of Maine claiming “Any retailer that uses an online “shopping cart” or order management system can register with our service and be ready to collect sales tax in 20 minutes (or less), no matter how small they are.“

It has been 568 days today since the Senate voted on the Marketplace Fairness Act.

Here is a screen shot showing the status of my eCommerce software TODAY as shown on the FedTax website:

“We are in the final stages of testing. Integration sources files will be available on GitHub soon.”

Marketplace Fairness Act

Think of the Obama-care software provider claims when you think of the Marketplace Fairness Act.  I think the claims are similar.

Debate: Thomas Carlson vs David Campbell TaxCloud re Marketplace Fairness Act

Apparently TaxCloud owner David Campbell would like to debate me about the Marketplace Fairness Act.  I copied and pasted the debate so far from a closed LinkedIn group.  David feel free to debate me in the open here.  I will post all of your comments at the bottom of this page.  Also, anyone else can post comments too.  This blog has always been open to all comments pro or con.

UPDATE: David appears to have removed (deleted) his comments to me from the LinkedIn group.  It is a good thing I took a photo of his comments and copied them below here in this discussion. David, why challenge someone to a debate, delete the comments and run away? 

David Campbell FedTax TaxClourThomas Carlson (My response to Campbell BEFORE he deleted his statement shown above):

  • Vice President at Assisted Living Store, Inc.

    A great video showing the cost of free software.

  • Thomas Carlson

    Vice President at Assisted Living Store, Inc.

    First Debate Question:

    Was this statement true or false on March 28, 2012?

    On March 28, 2012, you wrote, “In fact, using our TaxCloud service doesn’t require any resources at all, because it is completely free.” “Any retailer that uses an online “shopping cart” or order management system can register with our service and be ready to collect sales tax in 20 minutes (or less), no matter how small they are.“

    David What is Your Answer? True or False

  • Thomas Carlson

    Vice President at Assisted Living Store, Inc.

    Second Set of Debate Questions:

    * Have you read the November 2013 SBA study that shows? “A more realistic estimate of 1,817 online retailers that could be subject to the requirements of the Marketplace Fairness Act” Link to study https://www.sba.gov/advocacy/analysis-internet-sales-taxation-and-small-seller-exemption

    * As someone in the industry did you (TaxCloud) have anything to do with this study? Telephone calls, emails, letters, etc….?

    * A TaxCloud video from 2011 (that you have been fighting to have removed from the Internet through DMCA take downs) shows 350,000 – 3,500,000 retailers is your market if the Marketplace Fairness Act passes. Here is link here to the video and removal requests:

    http://marketplacefairnesscoalition.org/taxcloud-video-up-to-3-5-million-retailers-will-be-impacted-by-mfamitfa/

    * Why are you fighting so hard to have this removed from the Internet?

    * Did you ever contact the SBA and tell them that the industry (you) thought that their study was wrong? Why not?

    5) Did you ever contact Dick Durbin and/or Lamar Alexander (who mentioned the SBA study in a speech last week on the Senate floor)? Did you tell them the SBA study was incorrect with your conclusions?

    David, we can debate below in the comments area:

The EPIC Fail by @eFairness All U.S. Senators and Congressman Must Read This Now

Epic #eFairness Fail

“I think this is an EPIC FAIL by @eFairness advocate TaxCloud a Certified Software Provider (CSP).  This company keeps on writing letters to law makers on how wonderful tax collection could be if people just used their magical software.  The sales pitch is akin to selling snake oil of the past that cures all ailments.  Buy my magic elixir TaxCloud says… 

One blogger wrote an EPIC response to TaxCloud’s letter to U.S. House Speaker John Boehner.  It outlines the misinformation and deception that is being thrown at members of the U.S. Senate and Congress about this legislation.”

Tom Carlson

READ THIS NOW:

Click Here “Taxcloud Letter to Speaker Boehner (11/18/14) – A Rebuttal

Wow, what a steaming pile of Pivot.

In case you haven’t heard the term, “pivoting” is what you do when your idea isn’t working.  It’s mostly associated with start-ups who realize their ideas/business model isn’t working, so they “pivot” to another.  It’s mostly a euphemism and frequently used as a mocking put down when the pivot clearly is something that is such a 180 degree turn from their previous direction.  Sometimes pivots work, many times they don’t.  More often than not, it’s a sign of desperation.

Click Here READ THE REST OF THE STORY BY CLICKING HERE

Simple Questions Shows How the Marketplace Fairness Act IS a NEW TAX

Internet Sales Tax New Tax

Will the Voter (your constituents – Senators & Congressman) believe this is a NEW TAX? YES – Therefore it is a new tax.

Minnesota Department of Revenue – Items for Use Outside Minnesota

According to the State of Minnesota publication, Items for Use Outside of Minnesota, it shows “Minnesota SALES TAX DOES NOT APPLY to items the seller delivers to customers outside of Minnesota, whether delivered in the seller’s vehicle, by common carrier, U.S. mail or parcel post. This includes items purchased for business and personal use and for items used as gifts.”

TODAY (with NO Marketplace Fairness Act)

  1. Question: If I buy a Christmas gift in Minnesota for my mother from a SMALL BUSINESS (only located in Minnesota) and have them ship it directly to my mother in Florida do I owe any Minnesota sales tax? Answer: NO
  2. Question: Can the State of Florida force me (a person living in Minnesota) to send a sales or use tax payment to the state of Florida? Answer: NO
  3. Result: You paid NO tax on the Gift.

TOMORROW (WITH the Marketplace Fairness Act)

  1. Question: If I buy a Christmas gift in Minnesota for my mother from a SMALL BUSINESS (only located in Minnesota) and have them ship it directly to my mother in Florida do I owe any Minnesota sales tax? Answer: NO
  2. Question: Do I have to pay Florida sales tax?  Answer: YES
  3. Result: You PAID a NEW TAX to Florida.

The Marketplace Fairness Act IS A NEW TAX if it passes for people buying their mother a GIFT. It is simply a Grinch tax.

This is also true in New JerseyNew York, Texas, Nebraska, Utah, Wisconsin (these are the only states I have researched so far).

  • Will the Voter (your constituents – Senators & Congressman) believe this is a NEW TAX? YES – Therefore it is a new tax.

National Retail Federation Lies, Smears and Misstatements: Marketplace Fairness Act

Thomas Carlson:

The National Retailer Federation only represents big business interests.

Originally posted on Marketplace Fairness Act:

I allege the Marketplace Fairness Act (MFA) aka “The Grinch Tax” SUPPORTERS including the National Retail Federation (NRF) useall sorts of lies, smears, misstatements and distortions in order to create the false impression about MFA or maybe they do not understand the law.  Imagine that…our lawmakers and industry leaders who are pushing for new laws apparently do not know the laws in the states that they represent.

Internet Sales Tax

On March 3, 2013 David French, SVP, Government Relations, for NRF wrote an article on their blog titled, “Conservative Opposition to the Marketplace Fairness Act Misguided.”  NRF makes the following statements in their article:  

  1. NRF wrote, “Unfortunately, the bill’s opponents useall sorts of lies, smears, misstatements and distortions in order to create the false impression that lawmakers who support the bill are for “taxing the Internet” or violating pledges to support lower taxes or smaller government. These folks simply are not telling the truth…

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Marketplace Fairness Act: aka “The Grinch Tax”

Thomas Carlson:

Christmas is coming. Contact your U.S. Senator and Congressman and ask them to not be a “Grinch.” Some lawmakers want to pass internet sales tax legislation during the lame duck session. Merry Christmas.

Originally posted on Marketplace Fairness Act:

The Grinch Tax: Internet Sales Tax

In Minnesota, New JerseyNew York, Texas, Nebraska, Utah, Wisconsin (these are the only states I have researched so far) you can stop in at a brick and mortar store and buy an item SALES TAX FREE (maybe a gift for your mom who lives in another state).  The brick and mortar store does not have to charge you the sales tax if they ship the gift out-of-state for you.  This is also true if you order a gift online.

Here is an example of Minnesota’s law:

  • According to the State of Minnesota publication, Items for Use Outside of Minnesota, it shows “Minnesota SALES TAX DOES NOT APPLY to items the seller delivers to customers outside of Minnesota, whether delivered in the seller’s vehicle, by common carrier, U.S. mail or parcel post. This includes items purchased for business and personal use and for items used as gifts

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Best Buy’s Joly Actually Tells Congress Why NOT to Pass the Marketplace Fairness Act

Thomas Carlson:

Best Buy really does not have any understanding of the Marketplace Fairness Act. All they want to do is use lawmakers to crush small competitors.

Originally posted on Marketplace Fairness Act:

UPDATE: Best Buy Officially Responded to my article.  I posted it near the end of this article.  I also posted my response to their official response as a rebuttal.

On April 15, 2014, the Minneapolis Star Tribune wrote an article titled, “Best Buy’s Joly calls for Congress to pass Marketplace Fairness Act.”  He stated that Best Buy’s top concern is e-fairness.  They want the Marketplace Fairness Act aka Internet Sales Tax legislation passed.

This map shows the locations of Best Buy Stores.

After reading the article one point stood out to me.  Hubert Joly said, “the electronics retailer’s stores are profitable, and 70 percent of Americans are within 15 minutes of a store.”  This means that Best Buy has physical presence (brick & mortar facilities) close to 70% of the American population.  They currently collect sales taxes in all of the states (that have sales taxes) where they have a…

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Marketplace Fairness Act (Internet Sales Tax): Deceptive & Unfair

Thomas Carlson:

The playing field will never be leveled.

Originally posted on Marketplace Fairness Act:

The lawmakers that pushed the Marketplace Fairness Act (MFA) through the U.S. Senate in May 2013 are involved in deceptive advertising.  They are trying to sell their product (the Marketplace Fairness Act) to the public.

All businesses in this country are held to advertising standards as explained by the Federal Trade Commission (FTC) guidelines.  The FTC has rules that dictate how businesses conduct themselves to ensure consumer protection.  This made me think of deceptive advertising techniques used by our politicians.  Why are lawmakers allowed to use deceptive naming techniques to sell their products?  Think about the current legislation for a few moments, the “Affordable Care Act” and the “Marketplace Fairness Act.”  Everyone likes “affordable” and “fairness,” right?

Is the title of the Marketplace FAIRNESS Act deceptive?

According to the FTC,  advertising must be (1) truthful and non-deceptive; (2) must have evidence to back their claims; (3) and must be FAIR.  It is interesting that the…

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Internet Sales Tax “Software solves everything” – Or Does It? #DebunkDurbin

Dick Durbin caught telling stories about magical software that will solve all of your problems.  Illinois needs to vote this guy out of office.  What other “stories” is he telling that are make believe?