AEI's Newt Gingrich Addresses Internet Taxes

(March 19, 1999) Former House Speaker Newt Gingrich spoke about Internet taxes at an American Enterprise Institute event on Friday, March 19.

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Newt Gingrich
Senior Fellow
AEI

Newt Gingrich is a former Republican Speaker of the U.S. House of Representatives, and now a Senior Fellow at the American Enterprise Institute. He spoke about the Internet Tax Freedom Act, and the Commission which it created to study taxation, at a panel discussion hosted by the AEI in Washington DC.

Gingrich was not a scheduled speaker at the event. Rather, he attended as a member of the audience, and then spoke out during the question and answer session. The event featured the presentation of a lengthy paper by Prof. Austan Goolsbee, of the University of Chicago Graduate School of Business.

Congress passed the Internet Tax Freedom Act (ITFA) last October. It provides for a three year moratorium on new discriminatory state and local taxes on the Internet. It also created a Commission to study taxation of the Internet and other remote sales.

Related Story: Study Shows that People in Areas with High Sales Taxes Buy More on the Internet, March 19, 1999.
See also, PDF copy of "In a World Without Borders: The Impact of Taxes on Internet Commerce", by Austan Goolsbee.

Prof. Goolsbee presented his statistical finding that in localities with higher sales tax rates consumers with Internet access tend to make more purchases online. He estimated that applying existing sales taxes to Internet commerce would reduce the number of online buyers by 25% and spending by more than 30%.

Prof. Goolsbee also stated that other studies have shown the same pattern for mail order sales.

This is what Gingrich had to say.

"I'm Newt Gingrich, with AEI. You have looked at the mail order. And you have looked at the Internet. Have you looked also at the TV channels like QVC? And what is the impact there? Is that also part of the same phenomenon?"

After a response by Austan Goolsbee that he had not studied other non-geographic distribution channels, Gingrich continued:

"Would you then know if you have any tax policy changes? Would you capture them as well as the mail order? Because you have now created a much larger group of   resisters than you had ... [audience laughter]. If you only pick on retail Internet, then you only have a very small group to go mug. But if you start adding in the mail order catalogues and the TV channels, particularly if the TV channels start explaining what the legislators are trying to do [more laughter] you create a very different, you just create a very different dynamic. And I am curious if those three become --you know, for example, if the Internet commission ought to be looking at all three of them, and basically be looking at non-geographic sales as a totality rather than the particular delivery mechanism of non-geographic sales?"

"I must say, you have raised an excellent political point there. I don't think that there is any choice. I think that they have to look at those things," responded Prof. Goolsbee. "And I think -- as you suggest -- once they do that, there is going to be a lot of opposition."

Justin Lilley, the telecommunications counsel to the House Commerce Committee, also commented on the Commission created by the ITFA. "Congress, as only Congress can do, has set up a Commission that is now being sued. It hasn't even met. [laughter] It is like arguing over the size and the shape of the table. That is where we are now."

Lilley also said that Chairman Tom Bliley (R-VA) and others on the House Commerce Committee wanted "to find ways to extend the moratorium on in perpetuity, as well as to export it abroad."

Internet Tax Freedom Act
TITLE XI--MORATORIUM ON CERTAIN TAXES
SEC. 1101. MORATORIUM.

(a) Moratorium.--No State or political subdivision thereof shall impose any of the following taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act--
     (1) taxes on Internet access, unless such tax was generally imposed and actually enforced prior to October 1, 1998; and
     (2) multiple or discriminatory taxes on electronic commerce.

During the debate in the Senate on the Internet Tax Freedom Act last year, supporters of the bill sought to limit the scope of the study. Sen. John McCain (R-AZ), who was the Republican floor manager, Sen. Ron Wyden (D-OR), who was the Democratic floor manager, Sen. Judd Gregg (R-NH), who represents a state with a flourishing mail order catalogue business, and Sen. Joseph Lieberman (D-CT), all argued for  limiting the scope of the study to Internet taxation.

On the other side, Sen. Bob Graham (D-FL), Sen. Tim Hutchinson (R-AR), and others, supported expanding the scope of the study to cover all sales and use taxes on remote sales. Sen. Hutchinson offered an amendment to expand the scope of the study. Sen. McCain made a motion to table it, which failed on a roll call vote of 30 to 68. The Senate adopted the expanded scope of the study.

Internet Tax Freedom Act
SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.
(g) Duties of the Commission.

(1) In general.--The Commission shall conduct a thorough study of Federal, State and local, and international taxation and tariff treatment of transactions using the Internet and Internet access and other comparable intrastate, interstate or international sales activities.

(2) Issues to be studied.--The Commission may include in the study under subsection (a)--

(A) an examination of--

(i) barriers imposed in foreign markets on United States providers of property, goods, services, or information engaged in electronic commerce and on United States providers of telecommunications services; and (ii) how the imposition of such barriers will affect United States consumers, the competitiveness of United States citizens providing property, goods, services, or information in foreign markets, and the growth and maturing of the Internet;

(B) an examination of the collection and administration of consumption taxes on electronic commerce in other countries and the United States, and the impact of such collection on the global economy, including an examination of the relationship between the collection and administration of such taxes when the transaction uses the Internet and when it does not;

(C) an examination of the impact of the Internet and Internet access (particularly voice transmission) on the revenue base for taxes imposed under section 4251 of the Internal Revenue Code of 1986;

(D) an examination of model State legislation that--

(i) would provide uniform definitions of categories of property, goods, service, or information subject to or exempt from sales and use taxes; and

(ii) would ensure that Internet access services, online services, and communications and transactions using the Internet, Internet access service, or online services would be treated in a tax and technologically neutral manner relative to other forms of remote sales;

(E) an examination of the effects of taxation, including the absence of taxation, on all interstate sales transactions, including transactions using the Internet, on retail businesses and on State and local governments, which examination may include a review of the efforts of State and local governments to collect sales and use taxes owed on in-State purchases from out-of-State sellers; and

(F) the examination of ways to simplify Federal and State and local taxes imposed on the provision of telecommunications services.

(3) Effect on the Communications Act of 1934.--Nothing in this section shall include an examination of any fees or charges imposed by the Federal Communications Commission or States related to--

(A) obligations under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or

(B) the implementation of the Telecommunications Act of 1996 (or of amendments made by that Act).