[DougNY]

I saw this forum - NYAffiliates - and though, oh great some other NYers to get to know.

Low and behold there are no posts in this area. Well, let me be the first.

Hello from NY - Is there anyone out there?

[MichaelColey]

Since it's a sub-forum of the Legal Lounge, it looks like this is a new forum to discuss the NY Sales Tax issue.

[DougNY]

Oh, that makes sense. I can be dense at times.

I saw a discussion about the new law, haven't read it yet - I guess I should!

Thank You

[Herb ԿԬ]

Welcome to ABW!

and yes, this will be an interesting subject, I'm afraid.

[Julian]

I wonder if any New Yorkers will leave the state as a result of what is going on.
If there are people earning a lot from those affiliate programs that they are removed from, would it make financial sense to leave the state?

Moving to the next state instantly makes a difference. What a stupid law.

[blakekri]

What about incorporating Delaware? Just my first thought.

[Kevin]

Again, I think it's not so much the place of the affiliates incorporation, but where they live/do business.

[blakekri]

Hmm, seems like if I'm incorporated in DE I do business there, but I need to read the new law obviously.

[Kevin]

It's complicated, and ambiguous. I.e.: It's a law.

[Trust]

What about incorporating Delaware? Just my first thought.

What if Amazon wins? Or if the state you incorporate in decides down the line to want to do the same as NY? I still need to read more on this.

[Kevin]

Trust: There are 5 states that have no sales tax, of most interest to NY affiliates most likely are New Hampshire and Delaware.

For them to pass similar legislation, they'd need first incorporate sales tax, which would potentially be a lengthy process in and of itself.

As far as Amazon goes, I'm not sure they will win or lose, based on the way the law is written at present. I think they sued based on the language in the law, and thereafter, NY issued the memo, which, IMHO, dis-includes Amazon affiliates in the first place.

[Trust]

Ah ok, thanks.

[DougNY]

Trust: There are 5 states that have no sales tax, of most interest to NY affiliates most likely are New Hampshire and Delaware.

For them to pass similar legislation, they'd need first incorporate sales tax, which would potentially be a lengthy process in and of itself.

As far as Amazon goes, I'm not sure they will win or lose, based on the way the law is written at present. I think they sued based on the language in the law, and thereafter, NY issued the memo, which, IMHO, dis-includes Amazon affiliates in the first place.

"dis-includes Amazon affiliates" How can that be fair - not to include Amazon affiliates?

[Kevin]

Meant most affiliates, in the sense we use the term. Just said Amazon because it's their lawsuit.