Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Study Says Internet Tax Losses Overstated

By Samuel Fineman, Esq.
October 02, 2003

U.S. states lost $2.8 billion last year in uncollected Internet sales taxes, much lower than previous estimates, according to a study released by the Direct Marketing Association (DMA).

Other studies have confused different types of online transactions and relied on fuzzy numbers to arrive at their figures, according to the DMA.

As a result, the amount of potential revenue that cash-strapped states are missing out on has been grossly overstated, report author Peter Johnson said.

'The Internet is not creating a massive leak in state coffers,' Johnson, a DMA economist, writes in the report.

Many states worry that their revenues will shrink as residents turn increasingly to the Internet to make purchases.

A 1992 Supreme Court decision prohibits states from collecting taxes on out-of-state retailers unless they have a physical presence in the state. Quill Corp. v. North Dakota, 504 U.S. 298; 112 S.Ct. 1904; 110 L. Ed. 2d 91(1992). That meant $13.3 billion in lost revenues in 2001, according to a University of Tennessee study.

Actual losses are probably closer to $2.5 billion for that year, the DMA said.

The DMA report estimates that states will miss out on $4.5 billion in tax revenue in 2011, while the University of Tennessee report estimates that states will lose $54 billion.

While the University of Tennessee study used sales estimates compiled by Forrester Research at the height of the dot-com bubble, the DMA used actual sales figures compiled by the Commerce Department and relied on a more conservative growth estimate, the report says.

The DMA also factored out business-to-business sales made over the Electronic Data Interchange network, or EDI, a decades-old proprietary system used by large businesses to manage orders from suppliers. Users of this system, which still handles most wholesale e-commerce transactions, almost always report and pay taxes on these purchases, the DMA said.

State governments have sought to simplify their sales-tax codes with the hopes that Congress will allow them to tax online sales, and some large retailers, including Target and Wal-Mart, have begun voluntarily collecting taxes on their own.


Samuel Fineman, Esq. is the Editor-in-Chief of this publication. Information from Reuters contributed to this article.

U.S. states lost $2.8 billion last year in uncollected Internet sales taxes, much lower than previous estimates, according to a study released by the Direct Marketing Association (DMA).

Other studies have confused different types of online transactions and relied on fuzzy numbers to arrive at their figures, according to the DMA.

As a result, the amount of potential revenue that cash-strapped states are missing out on has been grossly overstated, report author Peter Johnson said.

'The Internet is not creating a massive leak in state coffers,' Johnson, a DMA economist, writes in the report.

Many states worry that their revenues will shrink as residents turn increasingly to the Internet to make purchases.

A 1992 Supreme Court decision prohibits states from collecting taxes on out-of-state retailers unless they have a physical presence in the state. Quill Corp. v. North Dakota, 504 U.S. 298; 112 S.Ct. 1904; 110 L. Ed. 2d 91(1992). That meant $13.3 billion in lost revenues in 2001, according to a University of Tennessee study.

Actual losses are probably closer to $2.5 billion for that year, the DMA said.

The DMA report estimates that states will miss out on $4.5 billion in tax revenue in 2011, while the University of Tennessee report estimates that states will lose $54 billion.

While the University of Tennessee study used sales estimates compiled by Forrester Research at the height of the dot-com bubble, the DMA used actual sales figures compiled by the Commerce Department and relied on a more conservative growth estimate, the report says.

The DMA also factored out business-to-business sales made over the Electronic Data Interchange network, or EDI, a decades-old proprietary system used by large businesses to manage orders from suppliers. Users of this system, which still handles most wholesale e-commerce transactions, almost always report and pay taxes on these purchases, the DMA said.

State governments have sought to simplify their sales-tax codes with the hopes that Congress will allow them to tax online sales, and some large retailers, including Target and Wal-Mart, have begun voluntarily collecting taxes on their own.


Samuel Fineman, Esq. is the Editor-in-Chief of this publication. Information from Reuters contributed to this article.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace Image

Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.

Is Google Search Dead? How AI Is Reshaping Search and SEO Image

This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.

While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum Image

For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.

Revolutionizing Workplace Design: A Perspective from Gray Reed Image

In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.

From DeepSeek to Distillation: Protecting IP In An AI World Image

Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding intellectual property. This article examines the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.