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Comment on Show Me – Determining Value in Yaks by Mike Swartz

Mike Swartz — Sat, 31 Jul 2010 22:56:59 +0000

Amen brother, show me the proof!
Mike Swartz

Comment on Estes Park Survey by Tweets that mention Estes Park Survey | Yak Tails -- Topsy.com

Tweets that mention Estes Park Survey | Yak Tails -- Topsy.com — Thu, 10 Jun 2010 02:37:53 +0000

[...] This post was mentioned on Twitter by Grunniens Yak Ranch, Grunniens Yak Ranch. Grunniens Yak Ranch said: Tell us which yaks you want to see in Estes Park! http://yaktails.com/2010/06/09/estes-park-survey/ [...]

Comment on HB 10-1193 by Richard

Richard — Thu, 11 Mar 2010 17:47:25 +0000

A follow-up to my previous response. First a caveat: I Am Not A Lawyer; this is a layman's opinion from re-reading the statute, "Emergency Regulation 39- 26-102.3," which provides additional information, and the sources those documents reference.

As far as I can tell, the statute does *not* target affiliate programs. It requires out-of-state sellers to report sales into the state of Colorado. It also identifies under what conditions an out-of-state seller might have to collect sales tax. Neither of these requirements appears to target affiliate programs.

That said, I still think the state is grasping at straws. But, while it may turn out that Amazon has a point about the constitutionality of the statute, it seems like their argument would be the same with or without affiliates.

So why did Amazon "fire" their Colorado affiliates? I think it is to spur exactly the response that we have seen. My guess is that they figured the anti-government reaction would be stronger than the anti-Amazon reaction. As for me, I'm equally mad at both:).

Comment on HB 10-1193 by Richard

Richard — Tue, 09 Mar 2010 03:00:00 +0000

Also got the same message, but I disagree more with the state than with Amazon.

Amazon is acting to avoid collecting and paying sales tax for affiliate-related out-of-state sales into Colorado. Looking at the bill (which even though it's only 7 pages is dense and hard to understand), the reporting requirements seem to say that Amazon would either need to collect sales tax for Colorado purchases that involve a referral from a Colorado based affiliate, or they would have to satisfy the state that each individual affiliate "did not engage in constitutionally sufficient solicitation" on behalf of Amazon. BTW, there's no indication as to what "constitutionally sufficient solicitation" means.

I think that if I were in Amazon's shoes, I'd do what they did. Not only do they avoid imposing sales tax on affiliate-referred sales, they also create 4200 very unhappy people, many (they no doubt hope most) of whom will vent their unhappiness towards the state.

From Colorado's point of view, it's a lose/lose. They won't get any significant new sales tax revenue, they will lose income tax revenue, and they will make a bunch of people who participate in affiliate programs (and Amazon's is not the only one being canceled) poorer and unhappier.

I hope Dena finds another affiliate program that works, but I suspect affiliate programs are going to disappear in Colorado unless/until this bill is repealed.

Comment on HB 10-1193 by Rob

Rob — Tue, 09 Mar 2010 00:39:15 +0000

Did you know?……….
1) That this bill only passed by one vote in the state House and that there were only 4 dissenting Democrats.
2) That this affects not only associates connected to Amazon, but also associates connected to any other company (like Overstock.com) that decide to take the same action in response to the new law that Amazon did?

Comment on HB 10-1193 by Carole

Carole — Tue, 09 Mar 2010 00:19:31 +0000

You believe any affiliate relationship will work with Colorado affiliates? Hate to tell you this, however if Amazon fired us, they'll all fire us because we're too much of a hassle to deal with.

Comment on HB 10-1193 by Jonathan

Jonathan — Mon, 08 Mar 2010 23:59:45 +0000

To Whom It May Concern,

I'm not a big business… I'm a former teacher (Greeley), turned massage therapist (Aurora), turned business owner (Denver and Parker).

I'm a regular 30 year old married guy with a small online presence.

Since my voice hasn't been heard in the past, I'm emailing everyone who's email address I can find.

The passage of HB 10-1193, and the Governor's signing of the bill, has resulted in my termination from the Amazon Associates program.

Other affiliate programs and businesses are sure to follow suit with their contractors in Colorado.

In case you're not aware, Amazon's Associate program is a program in which people can get paid referral fees for selling products on Amazon.com.

I WAS earning referral fees from marketing those products to people all over the world.

Those referral fees were then taken and spent in Colorado, at COLORADO businesses, hiring contractors (writers, email support, bookkeeping services, etc.) IN COLORADO, and helping to build the economy of our state.

I have SEVERAL friends who have also found their accounts terminated today, everyone I know (myself included) paid taxes on this income last year, and everyone I know who is part of this program in Colorado spends this money in Colorado.

I won't be able to earn income anymore through Amazon.com, at least not in Colorado, thanks to the passage of this poorly enacted piece of legislation.

Why is it a poor piece of legislation?

It was created to influence retailers into paying Colorado sales tax.

Amazon.com has no business presence in Colorado.

But they have me as an affiliate, a contractor, a person who has no say or control over what direction Amazon will take their business
Neither do 99.999% of all affiliates through Amazon.

However, because you designated, through this law, that affiliates constitute a business presence for Amazon.com in our state, Amazon terminated ALL affiliates in Colorado, even those earning less than $10,000 annually (which is most of us).

Again, affiliates are not employees. Affiliates have no real say in the direction of Amazon's business.

Just so you're aware, here's what will happen with the passage of this law.

The big players who can afford to will simply move their businesses out of Colorado, so you will no longer benefit from their spending or through being able to tax their businesses.

You will not be able to collect taxes from Amazon.com, and other companies will simply choose not to associate themselves with affiliate marketers based out of Colorado.

Current companies with larger operations in Colorado as contractors will either relocate their contractors or simply terminate their relationship.

In the online world, all this law has done is penalize smaller affiliates. In the "real" world, what taxes are you going to be able to collect? And how will this law be enforced?

HB 10-1193 is quite possibly the worst way to deal with legislation surrounding collecting Colorado sales tax.

I agree that sales tax in our state is a good thing.

- But what about the income collected in the form of income tax from 1099 contractors?
- What about those who choose Colorado as a place to operate their businesses and spend money hiring employees, (people who buy groceries and gas at local stores), buying foreclosed property and fixing it up, in our state?

I'm pretty sure this bill was passed with good intentions, but I'm completely lost as to the thinking behind how passage of this law would increase revenues or spending or the overall wellbeing in our state. This law has been passed with no positive result I can see now, or in the future.

You were hoping this law would help to alleviate the state's budget deficit. Instead, it takes money, employment, and investment opportunities out of Colorado.

Since Amazon has terminated it's affiliates, other online retailers will follow suit.

As for me, I don't know what I will be doing, but will be figuring it out this afternoon.

I don't know if my small voice really makes any real difference, especially since this legislation was passed anyway.

However, I thought it important for you to know how this legislation has affected my ability to spend money in our state, and the state's ability to collect taxes on my income.

In case it's not clear from this email, a vote in favor of this bill has affected my life and my ability to help our state in a very negative way.

Regrettably,

Jonathan Kraft

Comment on HB 10-1193 by Jonathan

Jonathan — Mon, 08 Mar 2010 23:59:23 +0000

All of the email addresses posted below are publicly available online, so I don't think it hurts for me to post them here. This is a list of the Colorado General Assembly's email addresses, and the email I just sent them.

Comment on HB 10-1193 by Jim Carino

Jim Carino — Mon, 08 Mar 2010 21:56:55 +0000

Amazon is doing the right thing. Colorado lawmakers are being idiots. Rumors are Overstock.com is next to pull out. How many dollars pouring into the state boundaries will be lost? How many dollars pouring into the state government will be lost? I absolutely don't get their can't-see-past-the-end-of-their-nose logic. Pure stupidity and lack of insight and foresight.

Comment on HB 10-1193 by TheYakRanch

TheYakRanch — Mon, 08 Mar 2010 20:00:34 +0000

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