The Constitutionality (and Futility) of Colorado's Amazon Law

58 Pages Posted: 5 Apr 2010 Last revised: 1 Jun 2014

See all articles by Edward A. Zelinsky

Edward A. Zelinsky

Yeshiva University - Benjamin N. Cardozo School of Law

Abstract

Colorado’s law Amazon is constitutional, but will not raise significant revenue for Colorado’s treasury. Most prominently, Colorado’s Amazon law does not reach Amazon or Amazon’s sales to its Colorado customers. Only Congress can effectively address the problem at which the various Amazon laws are aimed by authorizing the states to impose sales and use tax enforcement duties on internet (and mail order) sellers lacking physical presence in the taxing states. In light of the demonstrated ability of “big box” retailers to collect states taxes on their internet sales, Congress should now enact legislation to equalize the sales tax treatment of all online sales.

Keywords: Colorado, Amazon law, dormant Commerce Clause, nexus, internet sales, sales and use tax, big box retailers, Quill, physical presence, mail order

Suggested Citation

Zelinsky, Edward A., The Constitutionality (and Futility) of Colorado's Amazon Law. State Tax Notes, 2010, Cardozo Legal Studies Research Paper No. 294, Available at SSRN: https://ssrn.com/abstract=1583520

Edward A. Zelinsky (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

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