Tax Ban in Question

The U.S. House of Representatives could create a major cramp in the side of Internet commerce this Wednesday if taxation limitations that currently exist on the World Wide Web are revised.

In what could create a dramatic shift for many facets of online industry reliant on untaxed e-commerce transactions, The House of Representatives will decide whether to amend the Internet Tax Freedom Act (ITFA) of 1998, which currently enforces a ban on state and local taxes on Internet services and industry-specific Internet sales transactions.

The current moratorium on Internet taxation expires Nov. 1, 2003.

The ITFA was first authored by Representative Christopher Cox (R. Calif.) of Newport Beach and Senator Ron Wyden (D.-Ore.) to prohibit taxes on Internet access, taxation by multiple states on products purchased over the Internet, and taxes that treat Internet purchases differently from other types of sales.

Lawmakers interested in lifting the ban and turning the tables on Internet taxation have so far been stymied by a state-wide block on collecting tax levies as ruled nearly ten years ago by the U.S. Supreme Court. That ruling as it holds requires only businesses with a "physical presence" in the same state as the consumer to be able to legitimately collect taxes.

Many critics of the ITFA say that the extended moratorium significantly reduces state and local government revenue.

Currently 12 states are exempt from the ITFA. However, if The House of Representatives votes to extend the ITFA, those exemptions would be overturned and there could be state revenue losses in the hundreds of millions, depending on Internet growth projections, say ITFA critics.

The ITFA ban on Internet taxes first expired in October of 2001 and was again signed into law for a three-year extension on Nov. 1, 2001 as the Internet Non-Discrimination Act.

So far Congress is holding fast to the idea that Internet taxation would have an adverse effect on the economy and e-commerce as a whole.

"Given the continued softness in the tech economy, this is hardly the time for new taxes on the Internet," stated Rep. Cox. "Rather, providing long-term certainty about tax policy is one of the necessary ingredients for a tech rebound."

In January of this year Rep. Cox and Senator Wyden introduced additional legislation that would indefinitely extend the ban on "new and discriminatory" taxes on the Internet.

That same bill is being passed before the House of Representatives this week in hopes of securing the ban on taxation indefinitely, according to Rep. Cox's office.

"By ending this unfair practice once and for all, we can protect Internet users from unnecessary and burdensome taxes," Cox continued. "This will encourage spending, promote investment, expand business, and create new jobs."

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Xgen Debuts 'Bare by Baci' Wellness Collection

Xgen Products has introduced its Bare by Baci line of wellness products.

COTR Renews Flagship Brand Domains

COTR, Inc. has renewed its multi-year domain leases for its flagship sexual wellness brands; B-Vibe, Le Wand, and The Cowgirl.

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

Orion Expands Cottelli 'Lingerie,' 'Party' Lines

Orion Wholesale has introduced three new pieces from its Cottelli Party line and one from its Lingerie collection.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Blush Announces Executive Appointments

Blush has announced three new executive appointments across its organization.

Show More