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HomeMy WebLinkAboutItem 02 - Sales Tax Internet PurchasesITEM R Z�MM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER �X MEETING DATE: JANUARY 4, 2000 SUBJECT: RESOLUTION SUPPORTING A REASONABLE APPLICATION OF SALES TAX ON INTERNET PURCHASES RECOMMENDATION: The City Manager recommends that the City Council approve the resolution encouraging the United States Congress to develop a reasonable application of sales tax on Internet purchases. BACKGROUND: The U.S. Congress passed and President Clinton subsequently signed the Internet Tax Freedom Act into law in October 1998. The placed a three-year moratorium on the application of sales tax to Internet purchases. During the three-year moratorium a national advisory commission is charged with studying the issue and making a recommendation to Congress. Senator John McCain has stated that he will introduce a bill in January of 2000 making the Internet Tax Freedom Act permanent. During the National League of Cities conference in December 1999 the Internet Tax Freedom Act was a focus of much discussion. The NLC is asking all local governments to contact their representatives and make them aware of the impact a permanent sales tax exemption could have on local governments and local businesses. In Grapevine's case, if the projected 20% decrease were to occur, Grapevine would stand to lose $2.8 million, which is roughly 7¢ of property tax revenue. Because of our dependence on sales tax and the regional nature of the mall, the impact would probably be much more that the 20% projected by NLC. If approved by Council, the attached resolution and draft letters would be sent to all of Grapevine's elected representatives at the Federal and State level. December 27, 1999 (2:14PM) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, SUPPORTING THE REASONABLE APPLICATION OF SALES TAX ON APPLICABLE PRODUCTS AND SERVICES PURCHASED THROUGH ELECTRONIC COMMERCE, TO ENSURE EQUITABLE TREATMENT OF RETAILERS PHYSICALLY LOCATED IN GRAPEVINE AND PRESERVATION OF THE LOCAL TAX BASE NEEDED TO DELIVER BASIC AND EXPECTED GOVERNMENT SERVICES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, state and local governments rely on sales tax revenues to pay for public services related to public safety, education, infrastructure maintenance, social programs and other quality of life services; and WHEREAS, nationwide, sales tax comprises nearly half of the tax revenues collected by states and distributed to local governments; and WHEREAS, state and local governments have experienced difficulty in collecting sales tax on purchases made from out-of-state businesses, known as remote sellers; and WHEREAS, the growth of the Internet has increased the ease with which consumers can engage in remote sales; and WHEREAS, between 1997 and 1998 retailers selling on the Internet tripled from 12% to 39%; and WHEREAS, 93.5% of e-commerce transactions are expected to come from traditional business and retail sources by 2002; and WHEREAS, the U. S. Congress enacted the Internet Tax Freedom Act of 1998 which pre-empts state and local authority by establishing a three year moratorium on the imposition of e-commerce related taxation, and created an Advisory Commission on Electronic Commerce charged with making recommendations for future Congressional action; and WHEREAS, the Internet Tax Freedom Act discriminates against citizens without Internet access because these individuals will continue to be obligated to pay sales tax on purchases from local stores, while consumers with the means to afford the necessary technology for making Internet purchases will not be required to pay sales tax; and WHEREAS, retailers engaging in e-commerce will experience an unfair competitive advantage over local, "Main Street", or "bricks and mortar" businesses if the Internet Tax Freedom Act is made permanent; and WHEREAS, the National Governor's Association estimates that state and local government revenues from sales tax could decrease by as much as 20% by 2003 if the Internet Tax Freedom Act is made permanent; and WHEREAS, the City of Grapevine is a member of the National League of Cities (NLC), and the National League of Cities is launching a multi-year education and advocacy effort to increase understanding of the electronic marketplace and develop public policy recommendations that will help shape the debate at the end of the three- year moratorium on taxing online transactions; and WHEREAS, there are three key messages guiding this campaign: (a) The opportunities offered by electronic commerce. At the same time, we must protect local retailers from unfair competition and preserve tax bases needed to deliver basic and expected government services. (b) Charging sales tax for online purchases of traditional goods does not represent NEW taxes. A book purchased off a shelf at Barnes & Noble and a book purchased online through Amazon.com are and should be subject to the same taxes. If a consumer buys two books at Amazon.com and no books at the local Barnes & Noble, the government has lost expected revenue from the sales tax. (c) Convenience, not tax avoidance, is what lures consumers to online purchasing. In fact, many don't know whether they pay any sales tax when they buy online or under what circumstances they would pay local/state sales tax. Therefore, it is safe to assume that charging sales tax for traditional purchases will not stymie the growth of this new marketplace. Moreover, it is absolutely clear that state and local taxes have in no way restricted the phenomenal growth of the nation's leading e-commerce companies like Microsoft, Intel and others. Federal legislation should not create a protected class of taxpayers at the expense of Main Street and other taxpayers; and WHEREAS, it is important that cities make their concerns known to our United States senators and congressmen, state legislators, governor and lieutenant governor; and WHEREAS, local elected officials have a unique opportunity and duty to educate citizens, business leaders and key stakeholders about the risk that the dramatic growth of tax-free online shopping poses to local revenue bases; and RES. NO. 2 WHEREAS, the Advisory Commission on Electronic Commerce will consider proposals to address e-commerce related taxation issues, including one jointly submitted by the National Governors' Association, Council of State Governments, National Conference of State Legislators, National Association of Counties, U.S. Conference of Mayors, National League of Cities, and International City/County Manager's Association entitled "Streamlined Sales Tax System for the 21st Century". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all premises stated in the preamble to this resolution are incorporated herein as if copied in their entirety. Section 2. That the City of Grapevine does hereby support the reasonable application of sales tax on applicable products and services purchased through electronic commerce to ensure equitable treatment of retailers physically located in Grapevine and preservation of the local tax base needed to deliver basic and expected government services. Section 3. That the City of Grapevine hereby opposes attempts by the United States Congress to enact further legislation that might preempt the authority of state and local governments. Section 4. That the City of Grapevine will participate in educational and advocacy efforts as outlined by the National League of Cities and will communicate with national, state and local officials regarding this important issue. Section 5. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of January, 2000. • 3 FTAI a a 0000 ATTEST: January 5, 2000 Honorable Jane Nelson State Senator 3700 Forum Drive Flower Mound, Texas 78711 Dear Senator Nelson: D R il-It F T In 1997 the Mills Corporation opened the Grapevine Mills Mall. This $150,000,000 investment by the Mills Corporation has brought roughly 5,000 jobs to Grapevine and generates in excess of $5,000,000 a year in sales tax revenues for the City of Grapevine and $30,000,000 in sales tax revenues for the State of Texas. Since the announcement of the mall's opening the City has been able to reduce its property tax rate by 4.5¢ because of the increased sales tax revenues. Sales tax revenues have also allowed the City to pass a $40,000,000 bond issue with roads, a senior center and a library in it without a tax increase. It has allowed the City to increase its efforts in the areas of parks and recreation, library services, police and fire protection and historic preservation without a tax increase. In a time of tough competition for employees the City has been able to pay its employees a competitive wage that has allowed us to maintain our service levels to the citizens of Grapevine while cutting property taxes every year. However, the City's accomplishments and the improved quality of life for the citizens of Grapevine are imperiled because of the possibility of the Internet Tax Freedom Act of 1998 becoming a permanent fixture in the country's tax code. The National League of Cities estimates that the Internet Tax Freedom Act of 1998 could result in a 20% decrease in sales tax revenues by the year 2003. To Grapevine, that impact is $2,800,000 of lost revenues for the City. In order to balance our budget with this type of loss the City will either have to cut services or raise the property tax rate by 7¢. For the State of Texas the loss from Grapevine sales taxes alone represents $16,800,000 in reduced sales tax receipts. Either way, the citizens and businesses in Grapevine will have to pay for an Internet sales tax exemption that unfairly favors e -businesses over the bricks and mortar businesses found on Main Streets across the country. The sales tax loss is only one component of the loss to communities. The bricks and mortar businesses donate money and services and merchandise to local charities every year. They provide a city with the ability to be a community. In the last year amazon. com hasn't put a single dollar into making Grapevine a hometown for its customers, but the merchants along Main Street have participated in two festivals, three parades, a Christmas tree lighting ceremony and donated thousands of dollars in merchandise and services to worthy causes. Their community spirit helps make Grapevine a great place to live. Please join with Grapevine in encouraging Congress to develop a reasonable Internet plan that preserves the integrity of sales tax receipts for cities and states. Sincerely, William D. Tate Mayor City of Grapevine ? Y y1 City Manager's Office • P.O. Box 95104 • Grapevine, Texas 76099 s 817-410-3104 • Fax 817-410-3002 • http://www.ci.grapevine.tx.us January 5, 2000 Honorable Phil Gramm United States Senate 370 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Gramm: In 1997 the Mills Corporation opened the Grapevine Mills Mall. This $150,000,000 investment by the Mills Corporation has brought roughly 5,000 jobs to Grapevine and generates in excess of $5,000,000 a year in sales tax revenues for the City of Grapevine and $30,000,000 in sales tax revenues for the State of Texas. Since the announcement of the mall's opening the City has been able to reduce its property tax rate by 4.5¢ because of the increased sales tax revenues. Sales tax revenues have also allowed the City to pass a $40,000,000 bond issue with roads, a senior center and a library in it without a tax increase. It has allowed the City to increase its efforts in the areas of parks and recreation, library services, police and fire protection and historic preservation without a tax increase. In a time of tough competition for employees the City has been able to pay its employees a competitive wage that has allowed us to maintain our service levels to the citizens of Grapevine while cutting property every year. However, the City's accomplishments and the improved quality of life for the citizens of Grapevine are imperiled because of the possibility of the Internet Tax Freedom Act of 1998 becoming a permanent fixture in the country's tax code. The National League of Cities estimates that the Internet Tax Freedom Act of 1998 could result in a 20% decrease in sales tax revenues by the year 2003. To Grapevine, that impact is $2,800,000 of lost revenues. In order to balance our budget with this type of loss the City will either have to cut services or raise the property tax rate by 7¢. Either way, the citizens and businesses in Grapevine will have to pay for an Internet sales tax exemption that unfairly favors e -businesses over the bricks and mortar businesses found on Main Streets across the country. The sales tax loss is only one component of the loss to communities. The bricks and mortar businesses donate money and services and merchandise to local charities every year. They provide a city with the ability to be a community. In the last year amazon. com hasn't put a single dollar into making Grapevine a hometown for its customers, but the merchants along Main Street have participated in two festivals, three parades, a Christmas tree lighting ceremony and donated thousands of dollars in merchandise and services to worthy causes. Their community spirit helps make Grapevine a great place to live. Please join with Grapevine and the 18,000 other cities represented by the National League of Cities in developing a reasonable sales tax collection framework for the Internet that preserves the integrity of city and state sales taxes. Sincerely, William D. Tate Mayor City of Grapevine City Manager's Office • P.O. Box 95104 • Grapevine, Texas 76099 • 817-410-3104 • Fax 817410-3002 • http://www.ci.grapevine.tx.us