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New York state's recently adopted budget for fiscal year 2009 calls on remote sales retailers to collect sales and use taxes on all goods shipped to New York residents, and remit the sales tax to the state. Specifically, the law states that any company with at least $10,000 in annual sales, either by itself or through in-state affiliates, must collect taxes on all sales. The budget provision is expected to yield the state approximately $50 million over the fiscal year.
Amazon.com has filed a complaint against the state, questioning the legality of the law. While Amazon.com does not question whether taxes should be paid on goods from remote sellers, it argues that ...