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Guest Post: Your state and sales tax at Amazon

(Editor’s Note: The following post originally appeared at Bufo Calvin’s I Love My Kindle blog and is reprinted here with his permission in a generous effort to help maintain my peace of mind during what I hope will be a brief absence due to my hip replacement surgery. –S.W.)
By Bufo Calvin
I thought it might be worthwhile to break this down by state so you can have some idea what will happen before you hit that 1-click button. 
It’s worth noting that I’m going by what Amazon says on their Help pages, and that the rules could change due to legislation in your state, publishers establishing a physical presence in additional states (or leaving ones), and so on.
This change has come about due to the “agency model”, in which the publishers are actually selling you the books, and Amazon (and other former retailers) are just processing the sales for them as “sales agents”. 
It’s also possible that your state doesn’t charge sales tax on e-books.  Different states charge sales tax for different things.  The federal government regulates interstate commerce, but that’s kind of the whole thing here.  If the entity selling you something (the publisher selling you the book, in this instance) has a physical presence in your state, they can be compelled to collect the sales for something sold to your state (even if the transaction mechanism is in another state…Washington, for example).
The reason I’m listing these is that you can only buy Kindle books with 1-click.  That means you won’t see an indication of the sales tax until after you have made the purchase.  You could contact Kindle Customer Service and “return” the book within seven days of purchase for a refund, but by having this list, you might avoid that.  It’s not hard, but it does take some time and effort.
If you ever do need to contact Kindle Customer Service, you can do that starting
Last I checked, neither Barnes & Noble nor Sony allow returns for e-books.  I looked at Apples iBooks store information, but didn’t see an answer to that one.
One other thing: in a lot of states the tax varies, because “integral entities” (cities, counties) may have additional sales tax.  I would assume they will collect those as well, but I don’t know if the cities can compel the publishers to have Amazon collect it in the same way…Amazon lists states without sales tax as not collecting it, even though some integral entities do, so maybe not.
When you go to buy the book, it will indicate on Amazon’s product page that “This price was set by the publisher” and list the publisher right there (if it is being sold under the agency model).  If it doesn’t say that, then you should expect to have sales tax collected if I list Amazon for your state below.
NOTE: YOUR ACTUAL SALES TAX RATE MAY VARY DUE TO ADDITIONAL COUNTY AND/OR CITY TAXES OR OTHER LOCAL TAXES.
Alabama (4%)
Hachette, Simon & Schuster
Alaska (0%)
No state sales tax.  Amazon doesn’t indicate it will be collected for anybody.  Some integral entities do collect it, though.
Arizona (5.6%: technically a “transaction privilege tax”)
Hachette, Simon & Schuster, Macmillan
Arkansas (6%)
HarperCollins, Simon & Schuster
California (8.25%)
HarperCollins, Simon & Schuster
Colorado (2.9%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Connecticut (6%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Delaware (0%)
No sales tax.
DC (6%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Florida (6%)
HarperCollins, Simon & Schuster
Georgia (4%)
HarperCollins, Simon & Schuster
Hawaii (4%…technically an excise tax)
Hachette, Simon & Schuster, Macmillan
Idaho (6%)
Hachette, HarperCollins, Simon & Schuster
Illinois (6.25%: technically a Use Tax)
HarperCollins, Simon & Schuster
Indiana (7%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Iowa (6%)
HarperCollins, Simon & Schuster
Kansas (5.3%)
HarperCollins, Simon & Schuster
Kentucky (6%)
Amazon, Hachette, HarperCollins, Simon & Schuster, Macmillan
Louisiana (4%)
Hachette, HarperCollins, Simon & Schuster
Maine (5%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Maryland (6%)
HarperCollins, Simon & Schuster
Massachusetts (6.25%)
HarperCollins, Simon & Schuster
Michigan (6%)
HarperCollins, Simon & Schuster
Minnesota (6.875%)
HarperCollins, Simon & Schuster
Mississippi (7%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Missouri (4.225%)
HarperCollins, Simon & Schuster
Montana (0%)
No sales tax.
Nebraska (5.5%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Nevada (6.85%)
Simon & Schuster
New Hampshire (0%)
No sales tax.
New Jersey (7%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
New Mexico (5%: technically a gross receipts tax)
Hachette, HarperCollins, Simon & Schuster, Macmillan
New York (4%)
Amazon, HarperCollins, Simon & Schuster
North Carolina (5.75%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
North Dakota (5%)
Amazon, HarperCollins, Simon & Schuster
Ohio (5.5%)
HarperCollins, Simon & Schuster
Oklahoma (4.5%)
Simon & Schuster
Oregon (0%)
No sales tax.
Pennsylvania (6%)
HarperCollins, Simon & Schuster
Rhode Island (7%)
HarperCollins, Simon & Schuster
South Carolina (6%)
HarperCollins, Simon & Schuster
South Dakota (4%)
Hachette, Simon & Schuster, Macmillan
Tennessee (7%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Texas (6.25%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Utah (4.7%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Vermont (6%)
Hachette, Simon & Schuster, Macmillan
Virginia (5%)
HarperCollins, Simon & Schuster
Washington (6.5%)
Amazon, Hachette, HarperCollins, Simon & Schuster, Macmillan
West Virginia (6%)
HarperCollins, Simon & Schuster
Wisconsin (5%)
Hachette, HarperCollins, Simon & Schuster, Macmillan
Wyoming (4%)
Hachette, Simon & Schuster, Macmillan
Remember, this is only a guideline, and could change at a later time without being reflected in this post. 
One other thing: you can’t really blame the publishers for this.  They don’t have any choice but to collect sales tax for those states in which they have a physical presence.
Is this bad for the e-book business?  Maybe.  Before the agency plan, Amazon only collected sales tax in five states.   With the agency plan, Amazon has to collect sales in 45 states.  That same provision doesn’t apply to paperbooks, which are not sold under the agency plan.
That means that the amount charged to your credit card may be even higher on e-books compared to p-books (paperbooks).
Let’s say I was buying a $9.99 e-book in California.  I’m going to keep this simple and go with the base state tax rate of 8.25% (although it can be higher in some places.  I’m now going to be charged $10.81 for the book on my credit card.  The hardback is likely to be considerably more than that, but it brings it closer.
I think a segment with an even bigger problem is the $7.99 books that are the same in paper and e-books (there are other price points where that can be true as well).   That makes your credit card charge about sixty-five cents higher for the e-book…that’s noticeable.
I keep saying “credit card charge” because hypothetically, you’d be paying that money on your state taxes, often as a “use tax”.  That may not be true in all states, but I’m guessing most states have that declaration on your taxes.
It’s the perception of paying more that will matter.  One key example: books priced at $9.99 will appear to be “over ten dollars”…does that mean all the boycotters will stop buying those $9.99 books if they are in a state where that sales tax will be collected at the time of purchase from that publisher?
It’s also going to generate a lot of Customer Service expense for Amazon, as they have to deal with all those “returns”.  Amazon must hate this: they have to have the books look more expensive, they have to deal with Customer Service, and the cost of accounting must be higher.
I think Amazon may need to try to figure out a way to show the final price before the 1-click (or allow shopping without 1-click) to cut down on those expensive Customer Service interactions.
The publisher tax situation should be true at any e-book retailer, but the taxes for states in which that retailer has a physical presence would be different.
More and more interesting, hm?
This post by Bufo Calvin originally appeared on April 9, 2010 in the I Love My Kindle blog.

Guest Post: Flash! Amazon lists states and publishers for sales tax

(Editor’s Note: The following post originally appeared at Bufo Calvin’s I Love My Kindle blog and is reprinted here with his permission in a generous effort to help maintain my peace of mind during what I hope will be a brief absence due to my hip replacement surgery. –S.W.)

By Bufo Calvin

This is a great move by Amazon!  They have now updated their Help pages to tell you in which states publishers under the agency model are considered to have a physical presence:
This is an excerpt from the page:
  • Hachette Digital, Inc.: AL, AZ, CO, CT, DC, HI, ID, IN, KY, LA, ME, MS, NC, NE, NJ, NM, SD, TN, TX, UT, VT, WA, WI and WY
  • Harper Collins Publishers, LLC: All states other than AK, AL, AZ, DE, HI, MT, NH, NV, OK, OR, SD, VT and WY 
  • Simon & Schuster Digital Sales, Inc.: All states other than AK, DE, MT, NH, and OR 
  • Macmillan: AZ, CO, CT, DC, HI, IN, KY, ME, MS, NC, NE, NJ, NM, SD, TN, TX, UT, VT, WA, WI and WY
Again, basically what’s happening here is that under a new arrangement, you are not buying e-books published by these publishers from Amazon, you are buying them from the publisher and Amazon is just processing the sale.

On Amazon’s product page for the book, it will tell you which publisher set the price…if you live in a state in which that publisher has a presence, and if your state collects tax on e-books, you’ll pay the sales tax when you buy the book.

Those listed are four of the “Apple 5″.  Penguin is not listed there because they have not yet reached an agreement with Amazon.  It’s interesting to me that Workman and Perseus aren’t listed, although they have reportedly reached an agreement with Apple.  They may just not have reached one with Amazon yet.

For more information on the “agency model” that is precipitating this, see this previous post.

This post by Bufo Calvin originally appeared on April 7, 2010 in the I Love My Kindle blog.

Guest Post: Frequently Asked Kindle Questions: Special Agency Model Edition

(Editor’s Note: The following post originally appeared at Bufo Calvin’s I Love My Kindle blog and is reprinted here with his permission in a generous effort to help maintain my peace of mind during what I hope will be a brief absence due to my hip replacement surgery. –S.W.)

By Bufo Calvin

Q. What is the agency model?
A. It’s a new arrangement between publishers and booksellers.

Q. How does it work?
A. Rather than publishers selling copies of books to booksellers, and booksellers selling them to customers, publishers are selling the books directly to customers.

Q. So, I’m going to buy my books directly from Simon & Schuster and Macmillan?
A. Yes, but you’ll do it through stores like Amazon and Barnes & Noble.  The booksellers will process the sale, but you’ll really be buying it from the publisher.

Q. I can just shop through Amazon for my Kindle just like I did before, then?
A. Yes.

Q. If that’s the case, why does it matter to me?
A. Some publishers have publicly stated concerns about the $9.99 price point Amazon was using for many New York Times bestsellers and current releases.  Since the publishers are now setting the price you pay, prices have gone up in many cases.

Q. But Amazon can still discount them, right?
A. No.  Amazon is just processing the sales for the publisher.  Under that system, Amazon can not charge a different price.

Q. Won’t places like Apple and Barnes & Noble just undercut Amazon then?
A. No.  They are also under the agency model.  The price will be the same at all the bookstores under the agency model.

Q. Wait…so I can’t shop around for a better price?
A. No.  Books under the agency model will cost the same, regardless of your “sales channel”.  Whether you pay for them through Amazon or Apple, you are buying from the publisher.

Q. Isn’t that illegal price-fixing?
A. No.  Price-fixing is when “like entities” get together and decide on a price.  If all the gas stations in your town, regardless of brand, got together and decided to charge ten dollars a gallon, that would be illegal.  You wouldn’t have any choice what to pay.

Q. But I won’t have any choice what I pay in the agency model, right?
A. Not for a specific book from a particular publisher.  But you could buy a different book.  If one publisher charged $25 for all new e-books and another one charged $12.99, you could choose to buy the e-books from the second publisher.

Q. But if I wanted a specific book, like the latest book in a series I’m reading, I’d pay the same price wherever I got it?
A. Yes.

Q. What stops the publisher from charging me $100 for that book?
A. Competition with other publishers.  You might stop buying a particular author and switch to another one.

Q. What if all the publishers charge $100 for a book?
A. They can’t get together and decide to do that.  That would be illegal price-fixing.  They would also lose sales.

Q. Are all the publishers part of this agency model thing?
A. No.  Five of the six biggest publishers in the US are part of it.  Random House has not signed with Apple, and it is a very large publisher.  In addition, many smaller publishers and independent publishers are still under the old “wholesale model”.

Q. Will their prices go up as well?
A. That’s the same situation it was before.  The small publishers and Random House will suggest a price to Amazon and the other retailers, but Amazon can discount it if they want to do that.

Q. Does the agency model affect paperbooks as well?
A. No.

Q. Why not?  If the publishers want it for e-books, why not for paperbooks?
A. The process is different, which presumably makes it different legally.  With a paperbook, the retailer (Amazon, for example) buys the copies from the publisher, and owns them.  They can do whatever they want with them, including selling them to customers.  With e-books, you are dealing with licenses to read the book on a certain number of devices.

Q. Is that the same reason I can’t sell my e-books after I buy them from the Kindle store?
A. Yes.   When you buy a copy of a paperbook, you own that copy.  When you buy an e-book, you are actually buying a non-transferrable license.

Q. But I can loan books with my nook, right?
A. If the publisher allows it, and with several other restrictions.  Not all publishers allow it.

Q. So, paperbooks will still be cheaper at some places like Costco, and may still be discounted at Amazon?
A. Yes.

Q. I noticed I was charged sales tax when I bought a Kindle book.  That’s never happened before.  Is that part of the same thing?
A. Yes.  If your state collects sales tax on e-books, and the publisher has a physical presence in your state (a building or a sales force), Amazon (as a sales agent) can be compelled to collect sales tax for that state.

Q. Wait…how can the publishers tax me?
A. They aren’t taxing you, it’s a question of when the tax is collected.  States ask you to report internet purchases on your tax form and pay the taxes on them if you haven’t already.  They may call it a “use tax”.

Q. Who does that?
A. Apparently, not as many people who should.  That’s why the states want to make someone collect it at the time of sale and send it to them.  They could go after people who don’t report it, but that’s expensive.

Q. So, does this mean Amazon will start collecting sales taxes on my other purchases from them?
A. No.  The agency model means you are buying just e-books from the publishers, so if the publisher has a physical presence in your state, Amazon will have to collect the sales tax on just those purchases.

Q. Amazon is in Seattle, right?   So, have they been collecting sales taxes from customers in Washington before this?
A. Yes.  Also in Kansas, Kentucky, New York, and North Dakota.

Q. But I live in New York and bought something from Amazon and I didn’t pay sales tax…why is that?
A. You may have bought an item that isn’t taxed by New York state.  Not every item is taxed in every state.  Amazon is only compelled to collect the sales tax the state would have collected.

Q. How do I know if Amazon is going to collect sales tax when I’m buying the book?
A. Currently, I believe it is not indicated until after you click the 1-click button.

Q. That seems sneaky…what if I think that makes the book cost too much?
A. Amazon is not choosing whether or not you pay the sales tax: just whether or not they collect it, so it doesn’t technically make a difference in the price. You can always “return” a Kindle store book within seven days of purchase for a refund by contacting Customer Service.

Q. How did this whole agency thing get started?
A. Apparently, it came about when Apple offered the deal to the publishers in conjunction with the iBooks store, which is connected to their new iPad.

Q. Why would Apple do that?  Don’t they want to set the prices, like Amazon does?
A. There is a lot of speculation as to a reason, but Apple hasn’t publicly stated one.   Steve Jobs had stated that the prices would be the same at Amazon and Apple.

Q. I don’t like this whole agency thing.  What can I do about it?
A. You could write to the publisher or buy other books.  For more information, see this previous post.

Q. How can I tell if a book is in this agency agreement?
A. At Amazon, it will say, “This price was set by the publisher.”

This post by Bufo Calvin originally appeared on April 6, 2010 in the I Love My Kindle blog.