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Economy

Republican Senator Bemoans Influence Of Grover Norquist On Tax Policy

Sen. Chuck Grassley (R-IA)

AFTON, Iowa — Though some have questioned the influence that Grover Norquist’s anti-tax pledge holds over the GOP, a leading Republican senator left no doubts of its influence at a recent town hall.

An Iowa constituent asked Sen. Chuck Grassley (R-IA) on Tuesday about closing a loophole that allows online companies like Amazon to skirt paying sales taxes. Though Grassley declined to take a firm position on the issue, he explained to the man how Norquist’s influence blocks Congress from closing that loophole. “It may not be a tax increase because the states already have the taxes, but there are people in Washington who define what a tax increase is and they seem to have a lot of political power,” Grassley said, implicitly referring to Norquist. “They’ve gotten people not willing to go out and want to be labeled as a tax-increaser even if they aren’t increasing taxes.” Watch it:

Despite Norquist’s influence, some Republicans are joining Democrats and trying to close the Amazon loophole. Currently, Sen. Mike Enzi (R-WY) and a bipartisan group of 56 members of Congress are sponsoring the Marketplace Fairness Act of 2013, which would allow states to collect sales taxes on online purchases.

Economy

Why The Bipartisan Push For An Online Sales Tax Is The Right Move

The online retail giant Amazon benefits from a large loophole in the federal tax code. Because companies only have to collect sales tax in states where they have a physical presence, Amazon is able to avoid collecting the tax in many states, giving it a way to undermine traditional retailers. But a bipartisan group of 57 members of Congress is trying to change the law to close Amazon’s loophole:

Twenty senators and 37 members of the House from both parties signed on to the Marketplace Fairness Act of 2013 (MFA)—legislation that would allow states to collect taxes on what consumers buy over the Internet.

The measure would finally resolve a decades-old dispute over whether states can collect sales taxes on mail-order and online purchases. Currently, states are barred from requiring out-of-state sellers to collect sales taxes, unless the retailers have a physical presence (or nexus) in their jurisdiction. The MFA would allow states to require sellers to collect these levies no matter where the firms are located.

This loophole gives Amazon (and other online shops) a leg up on its competitors for no real reason. As Michael Mazerov wrote for the Center on Budget and Policy Priorities, there is “no excuse for exempting large companies like Amazon and Overstock that are perfectly capable of collecting tax everywhere — just as their brick and mortar competitors do.”

Applying an online sales tax fairly would also make the tax code slightly more progressive, as “many low-income families would love to shop online to avoid sales tax but can’t because they don’t own a computer or can’t afford high-speed Internet access.” Sales taxes are inherently regressive, and exempting online purchases makes them even more so, as those with the right technology get to skip the tax entirely.

States governed by both Democrats and Republicans have moved to address this issue, but it won’t be truly fixed until Congress takes action.

Alyssa

Jeffrey Tambor, The Onion, And The Grilling Cable News Deserves

I wrote about this a bit yesterday in my review of House of Cards, but, while I respect the work of folks at MSNBC, I kind of think that the best way to take on cable news is not to go high-minded and triumphal a la The Newsroom, but savage and ridiculous. Fortunately, it sounds like Amazon, as part of their plans to expand into original programming* is planning to oblige me:

Amazon Studios has landed another big-name actor for one of its first six comedy pilots. I’ve learned that Jeffrey Tambor is set to star in The Onion Presents: The News. The project, from The Onion’s Will Graham & Dan Mirk (The Onion News Network, The Onion Sportsdome), is described as a fast-paced scripted comedy set behind the scenes of The Onion News Network that shows just how far journalists will go to stay at the top of their game. Tambor will play David Everett, ONN’s oldest and most respected news anchor. He is intellectual, highly ambitious, cutthroat and insecure as he believes his job is being threatened by the younger Cameron, whom David detests.

Tambor was actually quite good in Next Caller, a show NBC put into production about the employees of a satellite radio station that starred Dane Cook. The pilot itself was a little bit heavy on the wacky, and Cook’s appeal will always be limited to me. But Tambor, as the head of the station, embraced the ludicrousness of his position, which required him to program to niche audiences that ranged from the bros who tuned in to Cook’s show to people who really just wanted to listen to saucy Catholic nuns. And while it’s not as if the projects come from the same creators, or if Tambor is acting out his own ideas about media, his strong suit as an actor has always been characters who maintain a level of wounded dignity entirely inappropriate to their circumstances. That’s a nice set of skills to take to cable news as a subject, and goodness knows The Onion has a genius for finding examples of gaps and disjuncts between the reality of scenarios and the ways people comport themselves during them.

*Which includes an original series by Garry Trudeau about Congressmen sharing a rowhouse in Washington, for which I cannot wait.

Alyssa

‘Arrested Development’ And ‘House Of Cards’ Are Cool, But Does Netflix’s Strategy Make Sense?

Over at Variety, Andrew Wallenstein has a very smart piece about how a central piece of Netflix’s business strategy may actually work against the company. One of the things Netflix facilitates is binge viewing, which in my case means watching an entire season of 30 Rock in a single day, but for most people means watching a couple of episodes of television at a time, instead of once a week the way they’d be released in their timeslots on television networks.

But when it comes to the shows it’s creating, rather than the ones it’s licensing multiple seasons of at once, that’s a problem. Netflix is releasing every episode of its seasons of Arrested Development and House of Cards at once. And at 14 episodes for Arrested Development and 13 episodes for House of Cards, that’s few enough episodes for people who are interested in just those shows, but untempted by the rest of Netflix’s offerings, to sign up for a free trial of the service, watch everything they want, and then quit before they have to start paying. Wallenstein explains:

A relationship with a program that might otherwise drag out over months on a linear channel is telescoped into hours. And therein lies the paradox inherent in Netflix’s business model: Allowing consumers to consume at their own speed contradicts the company’s financial imperative to keep them on the service paying the seductively cheap flat monthly fee of $8 for as many months as possible. Sure, it’s possible Netflix has assembled a library so vast — over 40,000 episodes of TV and counting — that a subscriber can fill countless months hopping from one binge experience to the next.

But let’s not forget that the whole point of Netflix embarking on an original programming strategy is to bring in new subs by offering a different value proposition. These are consumers who didn’t feel compelled to sign on to binge on library programming, but they’re interested in seeing a buzzed-about new show like “Cards,” and other originals still to come….It’s not like another original series will be waiting for them as soon as they’re done with “Cards.” The next series on Netflix’s slate of originals, Eli Roth’s “Hemlock Grove,” isn’t due until April and the revival of Fox’s “Arrested Development” doesn’t begin until May. Thus, getting new subs to pay for a second consecutive month of services becomes at least a little less likely.

This strategy gets even scarier given Deadline’s reporting that Netflix isn’t financing its original content development from original revenue streams, but at least partially from debt:

About $225M of the proceeds from the $500M offering it announced today — senior notes due in 2021 paying interest at 5.375% a year — will be used to retire the company’s $200M in 8.50% senior notes that are due in 2017. But with Netflix’s first original series, House Of Cards, making its debut on February 1, some investors wonder whether the company needs the remainder to help it handle its steep content payment commitments. Some $2.3B of Netflix’s $5.6B in streaming content obligations will come due in the current fiscal year, Wedbush Securities’ Michael Pachter says. The new debt, he believes, “is necessary to solve near-term cash flow problems, and indicates the low likelihood of positive cash flow for the year.” Netflix’s debt, along with its investments to expand overseas, make it “a risky investment.” Moody’s Investors Service also considers Netflix’s new debt to be risky, giving it a Ba3 rating. The debt assessment firm believes that some of the cash will be used to pay for “investments in original programming, which require more up-front cash payments” than library titles.

It may make sense for Netflix to bring in different tranches of customers with original and licensed programming. But to do it, I’d bet that long-term, the company’s going to have to raise its prices. And to keep up with escalating costs of licensing—particularly as Amazon continues to expand its efforts in this space, Netflix will have to pay just to keep a basic content library, rather than for exclusives—and of content production, those prices will have to keep rising. Netflix, like Hulu Plus, has largely been able to keep its prices stable, rather than subjecting customers to annual price hikes or hikes at the end of contracts a la most cable providers. Negotiating that shift may cost the company customers, too. But Netflix isn’t Amazon: it can’t subsidize its purchases and creation of content with a ton of other merchandise, or with a board that accepts essentially no profits. It’s going to have to come up with the money somehow.

Economy

How Online Giant Amazon Prevents Workers From Receiving Unemployment Insurance

If Congress doesn’t act, two million workers will see their unemployment benefits disappear at the end of the year due to the expiration of emergency measures put in place during the Great Recession. The expiration will be the first time Congress has ended federal benefits with unemployment so high.

But Congress is not the only entity standing between workers and the social safety net. According to a report by the Morning Call, online retail giant Amazon — via the contractors it employs to hire short-term workers — is preventing unemployed workers from accessing their benefits in an effort to drive down costs:

The pressure to keep costs down means many who take temporary jobs at an Amazon warehouse hoping it will result in long-term stability and independence instead find themselves jobless and fighting for a public benefit that represents their last financial resort.

The Morning Call attended 23 unemployment compensation hearings this year involving temporary Amazon warehouse workers hired by Integrity Staffing Solutions, including hearings for several employees who lost their jobs following illness or injury. Most workers were fighting for benefits of between $100 and $200 a week.

Advocates for the working poor say the company’s aggressive stance on unemployment compensation exploits low-wage earners who need the benefit for food, housing and other necessities while they search for other jobs. The workers are often outmatched in the unemployment process.

Unemployment insurance kept 2.3 million Americans out of poverty last year, and has the potential to create 300,000 jobs next year by pumping money into a weak economy. Unemployment benefits also discourage the long-term unemployed from dropping out of the labor force.

Economy

How Amazon Used Foreign Tax Havens To Avoid $700 Million In American Taxes

Online retailer Amazon has been a recent target of lawmakers who want to force it and other retailers to stop taking advantage of a tax loophole that exempts them from the collection of state sales taxes in states where they do not have headquarters or distribution facilities. While Amazon has fought those efforts, the online sales tax loophole isn’t the only one it has taken advantage of to lessen its tax burden.

Amazon has paid a high tax rate — an average of 44 percent over the last five years — on its American earnings, but by setting up subsidiaries in Luxembourg, it has taken advantage of a loophole in American tax law and saved more than $700 million in taxes on overseas profits, Reuters reports:

Amazon’s Luxembourg arrangements have helped it pay an average tax rate of 5.3 percent on overseas income over the past five years, less than a quarter of the average rate across its major foreign markets.

Company accounts show that since 2005, Amazon Europe Holding Technologies started to make payments to Amazon Technologies Inc in Nevada of up to 230 million euros ($300 million) each year. At the same time it received up to 583 million euros each year from its European affiliates. [...]

Had Amazon remitted all that to the United States and then paid the headline U.S. corporate income tax rate on it, the firm would have incurred taxes of more than $700 million. But it has not and the deal has allowed Amazon’s Luxembourg unit to accrue tax-free cash worth more than $2 billion.

Until 1997, Amazon would have still owed that $700 million in taxes to the United States. But that year, a new tax provision known as “check-the-box” allowed certain overseas profits to be exempt from dividend taxes, allowing companies like Amazon to utilize low-tax havens to avoid paying millions — and sometimes billions — of dollars in taxes.

Apple, for instance, used foreign tax havens that have become popular among tech companies to avoid paying $2.4 billion in taxes last year, according to a New York Times analysis. Microsoft used subsidiaries in Puerto Rico, Ireland, Singapore, and Bermuda to avoid more than $6.5 billion in taxes, according to a report from Sen. Carl Levin (D-MI), who has advocated for closing corporate loopholes and reforming the tax code in a way that eliminates such avoidance.

Economy

Why Closing The Amazon Tax Loophole Would Make Taxes (Slightly) More Progressive

Last month, Tea Party Sen. Jim DeMint (R-SC) warned that a congressional effort close the “Amazon loophole” — which allows online retailers to undercut their competition by not collecting sales tax — would lead to government control of the internet. DeMint also penned an entire op-ed in the Wall Street Journal to rant against the effort, calling an online sales tax “taxation without representation.”

Many prominent Republicans, including Govs. Chris Christie (R-NJ) and Mitch Daniels (R-IN) support the measure, which would level the playing field for all retailers, rather than giving online retailers a competitive advantage for no reason. (Current law says that retailers only need to collect sales tax in states in which they have a physical presence.)

Furthermore, since wealthy Americans are more likely to have convenient and reliable internet access, the Amazon loophole makes sales taxes even more regressive:

Even apart from the Internet sales tax issue, poorer families pay a larger share of their income in sales taxes than better-off families do because they have to spend almost everything they earn. Tax-free Internet shopping compounds the problem: many low-income families would love to shop online to avoid sales tax but can’t because they don’t own a computer or can’t afford high-speed Internet access.

Closing the Amazon loophole, which Amazon now actually supports for its own reasons, would allow states to collect billions of dollars in sales taxes that currently go uncollected, while allowing traditional retailers to compete on equal terms. According to a survey conducted this year, many shoppers say that intentionally shop online in order to avoid sales taxes.

NEWS FLASH

Today Is Apparently Starbucks Appreciation Day | Today is apparently “National Marriage Equality Day,” an opportunity to thank companies like Starbucks and Amazon for their support of marriage equality in the same way conservatives proudly embraced Chick-fil-A’s anti-gay condemnations last week. Organized by same-sex wedding magazine Equally Wed, the event has seemingly relied entirely on a Facebook event page. Without widespread promotion, public endorsements, support from national LGBT organizations, or any kind of media strategy, the day is in no way a representative response. Still, there’s never a bad time to support companies whose policies and spending support all families. Get all the details on Facebook.

Update

Karen Ocamb takes the magazine to task for this poorly-marketed “marketing ploy”:

My concern is that this probably well-intentioned effort could be misused and misrepresented by the Religious Right and right-wing media to make us look feckless. Hopefully, next time someone decides to rename a day and act as if they represent the entire LGBT community, they might do some preparation first before alerting the media. These days, the whole world really is watching – including every move we make.

Economy

GOP Governors Push To End Amazon’s Tax Evasion Loophole

Republican governors across the country are pushing the federal government to give them more leeway to raise revenue through online sales taxes. In a letter last week, Iowa Gov. Terry Branstad (R) joined a growing number of governors calling for federal legislation that would close the so-called “Amazon Loophole,” which allows online retailers like Amazon to avoid collecting sales tax from their customers, giving them an unfair advantage over brick-and-mortar shops.

Currently, states cannot require online retailers to collect sales taxes unless the companies have a physical presence in the state. Nearly a dozen Republican governors have asked their state congressional delegations to support legislation addressing this inequity, The Hill reports:

Branstad’s letter of support, obtained exclusively by The Hill, comes not long after another prominent Republican governor, Chris Christie of New Jersey, also urged Congress to get moving on sales tax legislation. [...]

Christie and Branstad are among about a dozen GOP governors to back the push for online sales tax legislation. Other state leaders who are on board include Mitch Daniels of Indiana, Paul LePage of Maine and Rick Snyder of Michigan.

Virginia Gov. Bob McDonnell, another Republican, approved legislation in his state earlier this year forcing Amazon to collect sales tax. California’s legislature closed its own loophole in 2011. But states without a physical Amazon presence can’t do the same thing. Amazon has threatened states that it would file lawsuits and even move its offices and warehouses if they took similar actions.

Federal legislation to address the loophole isn’t likely to see much action in Congress, though. The House Judiciary Committee will hold a hearing on it next month, but it is not included among the House GOP majority’s legislative priorities for the year. It is unclear if the legislation would pass even if it did receive a vote, given that many congressional Republicans oppose closing the loophole.

Alyssa

Finding the Price Points for a New Generation of Television Technology

I think James Poniewozik is largely correct that while the networks may be upset about new technologies that let viewers skip ads, they might be better off trying to find fee structures that are responsive to new technologies:

But they want—and a good business would provide—many more ways of paying, if not with their eyeball attention to ads, then with money. (There’s the possibility, for instance, that networks could raise fees to networks like Dish that offer ad-zappers, which fees could be passed along to those who ad-zap, to replace lost ad revenue.) People want to be able to buy episodes, subscribe to shows, watch on their own schedule, and bypass ads they don’t want. In the process, the relationship of people to TV networks will change: right now, networks’ true “customers” are the advertisers, because they’re the ones who pay money.

The TV business is changing from one with a single main revenue source to one with a lot of them; the transition is bound to be painful for the networks. But quashing an option your consumers want is the wrong way to forestall that pain. You can’t pull the plug on technology forever, and if that’s your best response to change, it’s your own fault when consumers start tuning you out.

I also think this is easier in theory than in practice, and is going to take years to sort out. One important experiment will be to see how consumers respond to a Netflix or Hulu Plus pricing scheme that’s more reflective of the actual cost of supporting that content and the production of higher-quality original content. A second step will be to see how consumers behave if they’re faced with regular but reasonable hikes in the prices of those services, which are responsive to both renegotiated content contracts and rising wages and costs. I would like for it to be true that people are willing to pay for content at a cost that will support a fairly diverse array of high-quality programming, but as I’ve written before, we don’t actually have proof of a viable financial model yet, and it’s not wrong for the networks to be cautious about blowing up an existing business model in favor of optimistic projections.

We have a sense of what we’ll pay for three distinct products in this market. First, there’s what people will pay for bundled cable, both in terms of what prices will get them in the door and what prices won’t lead them to quit at the end of a first-year contract. We also have a sense of what we’ll pay for a single episode of television, because iTunes and Amazon have established that price for consumers much in the way cable companies did. And we know we’ll pay $8-$30 a month for streaming video and DVD exchange services. As consumers, I think we have little sense of the ad revenue we’d have to make up if we were to replace advertisers as networks’ customers. I’d be excited to see a good experiment in how to price out new models, but it would take serious negotiation between distributors and the networks to set one up, and it would need to include both coastal and rural consumers to account for differences in broadband penetration and avoid preference bias. If folks have ideas on how to make such an experiment work, leave them in comments. It’s time to start thinking beyond the simple idea that evolution is good and important, and start talking in greater detail about how we get there.

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