So many states have implemented affiliate nexus tax laws. What does this mean to you as a publisher? What does this mean to you if you are an advertiser who does not have a store in the state? Come listen to our panel to hear how others are managing the challenge. The panel consisted of:
- Jennifer Lovette, Vice President, Client Development, CJ (Moderator)
- Rebecca Madigan, Executive Director, Performance Marketing Association
This was a very informative discussion, even for someone like me who tries to keep abreast of what’s going on in an effort to help however I can. I should note that since CJ (since this info is about a month stale) that the Governor of CA has signed the deal with Amazon and many merchants have welcomed CA affiliates back into their programs.
Personally, I only accepted a few that I really liked before and declined the pushed offers from the others as I already did my link removal on my sites, but I’m the lowest level of affiliate in terms of how much I personally make, so it’s the bigger affiliates who can really make a difference in leveraging their income figures in this fight!
Bullet Point Review!
- Do we want to fight this on a state by state level or on a national level.
- Publishers aren’t mad at the advertisers, they’re mad at the legislature.
- On average affiliates lose 25-45% of their revenue, the state loses income tax revenue, and never collect the sales tax.
- There are a lot of names, which are confusing, but we’ve chosen affiliate nexus law as a general catchall phrase.
- Quill Corp v. North Dakota: advertising does not constitute physical presence or nexus. It became a constitutional issue.
- Passed: California, New York, North Carolina, Rhode Island, Illinois, Connecticut, Arkansas.
- Big box retailers banded together this year to support this tax to try to get Amazon to pay tax. Rumor is they spent 11 million.
- The PMA surveyed California affiliates after the budget bill was signed here:
- 32% are moving out of state or plan to.
- 20% decided to shut down their affiliate marketing efforts altogether
- 35% of lost over half their income when the law passed.
- Amazon & CA have come to an agreement that will eliminate this tax for 1 year – we need to look at it more long term.
- They want to get a federal sales tax solution in place by July 2012. If they’re not successful, the law gets reinstated September 15, 2012.
- Streamline Sales Tax Project. 24 states have agreed to this. Main street fairness act needs to pass to allow SSTP. The chance of this happening isn’t very high.
- Amazon just cut a deal with the state that benefits their own business, so now all these other advertisers who haven’t been involved in the fight or the opposition will be forced to collect tax. Now is the time to fight for yourself & promote the federal solution.
- Board of directors of the PMA are new and still determining whether to fight nationally or state level.
- What can you do?
- Think before you act.
- Make Your Case
- Simplify actions
- Measure twice, cut once. Advertisers need to make sure you’re doing what’s best for your business before making a knee jerk decision to cut affiliates. Talk to a lawyer if you have to.
- There are ways to work together, identify your threshold of risk.
- Taxes will always exist, think long term when making decisions that are going to affect your business.
- No matter what side you’re on, WE can make a difference
- Things change quickly so don’t give up!
If you were an attendee of CJU and registered for their (awesome!) CJUniverse network, you can download a PDF of Jennifer’s slides here.
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