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Linda R. Monk, J.D.

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Use Online Sales Tax to Pay for Medicaid Expansion

Posted: 07/19/2012 2:20 pm

A good lawyer thinks of problems. A great lawyer thinks of solutions. Add Mississippi attorney and blogger Philip Thomas to the great category.

Thomas has the brilliant idea to use a predicted tax windfall from Internet sales to fund Medicaid expansion under Obamacare. According to the Wall Street Journal:

Republican governors, eager for new revenue to ease budget strains, are dropping their longtime opposition to imposing sales taxes on online purchases, a significant political shift that could soon bring an end to tax-free sales on the Internet.

Many states oppose the expansion of Medicaid under Obamacare -- which would cover millions of uninsured working Americans -- because they say they are too broke to afford even the 10 percent contribution required under Obamacare. Even though such an expansion of medical coverage would provide a huge stimulus to the states' economies (and therefore tax revenues).

Thomas notes that Mississippi's share of this revenue is predicted by the Journal to be $303 million annually -- an amount that would go very far to help citizens of the nation's poorest state. According to Thomas, about $160 million would cover the state's share for Medicaid expansion to an additional 250,000 to 400,000 people in Mississippi.

Many of these are the "working poor" who have jobs in Walmart or nursing homes, but no hope of ever affording health insurance on their own. What governor in his right mind would turn down healthcare for his state's most vulnerable and hardworking citizens? Imagine all the lost productivity, to businesses and families, that comes from untreated illness. And imagine all the good jobs that will be created to meet their healthcare needs.

It's a no brainer. And thankfully one lawyer has the smarts to call for common sense.

 
 
 

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10:46 AM on 08/09/2012
No internet sales taxes, PERIOD! The states have misused funds and have been compiling higher and higher budgets every year! It's time to cut the fat! Eliminate high pensions to city and state employees. If I can't shop without paying sales taxes, I WON'T BUY ANYTHING unless it is essential! How will that help your fat cat city/state governments???
03:33 AM on 07/23/2012
Its very nice to read you blog. And i like that good lawyer see the problems and great lawyer see for solutions. lawyer wollongong
11:47 PM on 07/22/2012
This tax is not necessary and will only hurt business, most items bought online already require shipping charges. Adding a new internet tax only hurt the economy worse by destroying online businesses. You have to understand that shipping costs are already like a tax to the consumer.
This tax is just more bad business coming out of Washington.
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Linda R. Monk, J.D.
Constitutional Scholar
08:40 AM on 07/23/2012
Shipping charges are payment for a service, not a tax. It's a charge for the convenience of not having to leave your home. Sales tax applies to all sales. The online market is long past its infancy where it got special treatment and tax subsidies.
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02:43 PM on 07/23/2012
Your main point is a good one for discussion -- how will sales taxes affect online commerce?
However "shipping charges" is simply a hidden add-on to the price.

Consider, where's the profit in books offered for a penny? The profit is in "shipping and handling".
Businesses say clearly in their fine print, that your "regular delivery" is charged at a flat rate -- the shipper will then choose the least expensive method--and quietly pocket the difference as profit. It might also be an accounting device to avoid corporate taxes. What is actually profit is tallied as an "expense". A prudent consumer should lump all costs together as "the price".

A sales tax is a pass-along, though a fair assumption is that it will affect some types of businesses far more than others.

Also, a sales tax is in effect "regressive", hurting middle to lower income people more than the wealthy. Online sales are so large that a tax would have to affect the economy. This should be of more interest to Keynesians who advocate "consumer sided" stimulus, as opposed to supply-side. Will it affect consumer spending, and therefore, commerce and therefore jobs? Would we be hurting the marginal poor more than we realize? In effect, are we cutting off the dog's tail to give him a nice piece of meat?

There should be clear answers available, were economics not so politicized.
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Linda R. Monk, J.D.
Constitutional Scholar
10:25 AM on 07/25/2012
Yes, a sales tax is regressive, which is why Republicans usually like it.
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01:59 PM on 07/22/2012
How would this be enforced?

This would be a national sales tax passed by Congress?
The tax would be "designated" to be used only for one purpose?
We would have to set up a federal agency, first for accounting, and second for enforcement to see that the money is entirely properly used?
Or would this be each state doing its own enforcing?
I understand that there have been "designated" taxes in the past, for example, designating all money used for a new toll road to be used exclusively for maintenance that is often never done -- the money instead is channeled for other things, despite the "designation".
Legally, what does "designation" mean?
More important, what are the built-in loopholes?

If enforcement is federal, we choose between Republicans who will ostentatiously regulate nothing, and Democrats who some believe, will do just a little regulation (I think even that much an open question.)

We have one party openly trashing the whole concept, and the other party and it's leader doing nothing to persuade the public of the value of it's own bill.

No question Republican and Democratic governors will grab for Federal money.
In this political climate, who on either side will enforce it's proper use?
Both legally and politically?
A very good idea for a sane culture which this is not.
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Linda R. Monk, J.D.
Constitutional Scholar
08:45 AM on 07/23/2012
Like all sales taxes, this one would be collected by the state. And businesses have to comply at the state level. The states (through legislatures) would then decide how to use this new revenue. My article suggests that expanding Medicaid as provided under Obamacare is a smart investment. Feds pay 90 percent of the cost; states pay 10 percent. Some states say they can't afford the 10 percent. New revenue from online sales tax offers a way to do that.
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01:12 PM on 07/20/2012
I had planned to reread your article a couple of times before venturing comment.

In deference to your predilection as host to keep a flexible and open forum, I am happy to answer your other question to me from another thread (with a bow to Lord Whimsey) -- my former avatar, Sydney was retired to avatar heaven where he is happily pigging out on Dog Yummies.

What looked great on my pinup board doesn't reproduce well. I'll have to rework the design to accommodate 75 pixels, but unquestionably with the same colors.

Those colors have a long political history
(You raised it as question, counselor. I claim the right to a complete answer.)

If you Google the works of Toulouse-Lautrec, the grandfather of modern graphic art, you will find a magnificent poster composed of those colors. See how arresting and primal are those colors for all of us.

Red, white and black (not orange) were the colors of the Prussian federation, continued by the National Socialists -- very military.

Red, orange and black, were the colors of a southern German confederation, now the modern German flag, perhaps the whole complex history of a great people embodied in two simple statements but with meaning for all of us regardless of background.

Red (socialism) and black (anarchism) diagonally bifurcated, was the banner of the 19th century Left. Perhaps their greatest shortcoming can be summarized as a lack of orange in their thinking, again, perhaps a lesson for us today.
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Linda R. Monk, J.D.
Constitutional Scholar
12:22 PM on 07/21/2012
I liked the Rothko version of your new avatar better than the current geometric one. And I thought the third color for the FRG is gold, not orange.
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07:04 PM on 07/21/2012
Right on both, though technically the FRG color is yellow-orange, there was no word for "orange" in medieval Euro-languages or in heraldry whence derived the modern flag.
Also, no doubt some angry Marxist is going to point out that the red and black was the flag of syndicalists, not all leftists.
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02:44 PM on 07/23/2012
If you have any say in the matter, I wish you would delete my avatar comment. A bit of whimsy buried at the bottom of a comments section is usually just harmless fun, but this one kind of sticks out and could discourage serious comment about a very good topic. Knowing that you read it and were amused is enough.
12:57 PM on 07/20/2012
Wow....there really is no problem that can't be solved through the miracle of government and an exciting new tax!!! Maybe we could jack the rate up to 50% and solve the housing problem as well. It amazing to me that anyone could be excited and even refer to the idea as "brilliant" when it comes to raising taxes. The writer even acts like the "windfall" just magically appears and no one even notices. What a scary world we are in.
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Linda R. Monk, J.D.
Constitutional Scholar
11:56 AM on 07/21/2012
What a scary world when people assume that a sales tax generally in force could be waived for "special" areas--like online sales. That "special" privileges should be given to sales outside brick and mortar shops. Which just means that they don't want to pay ANY taxes at all. Which is odd, because a regressive sales tax is usually the one tax they support.
08:06 AM on 07/23/2012
Thank you for writing me back...do you really think that the politicans don't already have this money spent 10 times over already?  
   Secondly, the person making that purchase online(or mail order) was ALREADY responsible for paying the sales tax directly. Its not that the state wasn't owed the money, it's the collection mechanism thats troubling.   If state XYZ can't get the people of its state to pay the sales tax then it's unlawful to ask a private company to do the bidding of the state that its not even located in. 
    Bottom line is that the world is so over taxed that any loophole is appreciated.  It shouldn't be about taxing everything that moves until it stops moving.
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Linda R. Monk, J.D.
Constitutional Scholar
12:24 PM on 07/21/2012
It's not raising taxes; it's collecting a sales tax that had been waived for too long. Sales are sales. Or don't online businesses receive real money?
09:46 AM on 07/20/2012
As long as states can determine how much they put in and how much they receive. If a state does not want to accept federal funds then they should not have to contribute. If my state would not wish to accept obamacare, or any other federal assistance, then my state should not contribute. Federal taxes should not be introduced either. It may have been a federal bill but should be controlled at the state level.

Any program introduced must have enough funding. The budget needs to be controlled (no more credits, not more increase in debt ceilings, etc). No one (persons or governments or industries) should live out of their means. By the time I need assistance, all the money will be gone if we stay on this track.

This is the start to a solution. Whether or we agree with the health care bill in the first place is not a concern. We now have to figure out how to make it work while it is in place. And if the solution introduces more problems, such as less spending by the people to a variety of industries due to an increase in taxes, then we have to go in and clean up that mess.
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Linda R. Monk, J.D.
Constitutional Scholar
12:04 PM on 07/21/2012
Thanks for your comments, Erin. You are right that we are mortgaging the future and that is immoral. The people who wanted the Iraq War needed to pay for it, and they didn't. The people who want national healthcare need to pay for it. The people who want tax "subsidies" (tax credits that don't benefit anyone but themselves) need to be taken off the dole. The thing is we are one nation (at least for now) that wants a variety of things and if we don't learn to cooperate better we will follow the pattern of every nation before us. We are, after all, just an experiment in self government.
09:37 AM on 07/20/2012
The politicans already have other plans on how the money will be squandered. I bet the corporations collecting the tax get incentives to lobby politicans. Seems suspicious a lot of the big corporations are not against the internet tax.
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Linda R. Monk, J.D.
Constitutional Scholar
12:26 PM on 07/21/2012
Nobody should be against the Internet sales tax; sales are sales. Why create special privileges?
02:17 AM on 07/20/2012
This is just a shell game. Internet sales tax, assuming you mean state taxes, are just money. There's nothing special about them that requires they be used for Medicaid.

In fact this is old news - Amazon and probably other large online retailers will be collecting sales taxes for most states very soon anyway. It's just general fund money, nothing special about it.
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Linda R. Monk, J.D.
Constitutional Scholar
07:04 AM on 07/20/2012
It doesn't have to be general fund money; that's the point. It can be designated however states choose, and it provides an instant solution to the problem of where states can get the money to cover Medicaid expansion. The news, as provided by the WSJ, is just how big a windfall this will be.
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MS Ind
My micro-bio was empty.
01:50 AM on 07/20/2012
If online sales taxes are levied, I hope they aren't earmarked for any specific project - including Medicaid. As crazy as it sounds, the internet is still in its infancy and the economic power of the internet has not even gotten close to its full potential. Tying a sales tax that has the potential to create exponentially increasing revenues a program like Medicaid could result in a gross overfunding - which could lead to abuse.

If you have to create a completely new tax, don't handicap yourself by tying it to something for an undetermined amount of time when you don't know what the revenues or costs will be in 10, 20, or 30 years.
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Linda R. Monk, J.D.
Constitutional Scholar
12:28 PM on 07/21/2012
It's not a completely new tax; it's a very old "sales tax" that applied to every other retail business than online businesses. This is one of the "tax subsidies" that we can afford to cut.
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MS Ind
My micro-bio was empty.
09:33 AM on 07/23/2012
If its not a new tax, why are you arguing to specifically tie an "existing" tax to a specific project. Let revenues be revenues - no earmarks.
10:02 PM on 07/19/2012
Here we go again; More taxes from the working people, who are now paying over 50% of their earnings in taxes. Federal and State withholding, property, car tags, SSI, $.34 on every gallon of gas we put in our vehicle and an additional $ .07 on very dollar we have left to spend. I live near casinos and know people who do not have insurance, but play slot machines and live poker, one is a poker dealer. It's the main reason for our slumping economy. If we put these 30 million on free care, we'll flood the already over loaded doctor offices. Less doctors will finish school if they are told how much they can earn. It has to stop somewhere and by the way Obamacare isn't treating patients over 70 who have cancer. So there, we're broke and borrowning 40 cents of every dollar we spend.
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alientotech
Twilight Zoning on "Bermuda Grass"
09:47 PM on 07/19/2012
a better idea would be to use an internet sales tax to pay off the national debt
06:09 PM on 07/19/2012
This is a bad idea. Why should I have to pay for some else's healthcare. I have a better idea. Make Medicaid a cost share program and let the beneficiaries fund it. Initiate co pays for things like doctor visits prescriptions ER visits etc. Just because you are poor and have fallen short in your life does not mean the more successful need to pay your way. For example a doctor visit could cost $20 prescriptions $10 and an ER visit $100. Most poor people have cable tv, cell phones, internet access and air conditioning so they can forgo some of those luxuries to pay part of their own healthcare.
08:00 PM on 07/19/2012
We already do, if not upfront, then in larger amounts on the back end. Unfortunately, until prices are regulated within the health care industry, this is just the equivalent of putting a flint stones band-aid on a bullet wound.
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Linda R. Monk, J.D.
Constitutional Scholar
09:30 PM on 07/19/2012
Prices are regulated under Medicaid; reimbursement rates are lower than Medicare and private insurance. And you might feel differently about that "band aid" if you needed emergency surgery or expensive drugs to live.
09:29 AM on 07/20/2012
Prices cannot be regulated if health care is a for-profit industry.
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Linda R. Monk, J.D.
Constitutional Scholar
09:33 PM on 07/19/2012
"Just because you are poor and have fallen short in your life does not mean the more successful need to pay your way." The myth of the undeserving poor. Fortunately, God smiled on you. I'm all for co-pays, but co-pays alone won't fund the entire system. Or didn't you study economics?
11:00 PM on 07/19/2012
Co Pays would not fund the entire system but it would make poor people show some responsibility and partially pay for the medical services they use. They can disconnect the cable tv the cell phone and turn off the air conditioning to pay for their healthcare