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The constitutionality of online taxes

July 4, 2008

Earlier on this July 4th, the issue of taxation and representation was broached in connection with levies on fireworks purchases.

It also came up after the change on July 1 of Washington state’s tax system from origin-based to destination-based for shipped goods. That means that taxes now will be collected based on the location of the buyer, not the location of the seller.

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The change was made, say Washington officials, because Evergreen State brick-and-mortar retailers that collect the state’s sales tax are losing business to out-of-state retailers that don’t charge buyers the tax.

As you might suspect, many Washington residents aren’t happy, specifically those who have previously avoided paying sales tax by ordering items online.

Sales taxes and the U.S. Constitution: Following the change, Seattle Post-Intelligencer reporter Andrea James, who wrote about the tax-law change, got a lot of reader questions. One of them is frequently asked by shoppers — and taxpayers — nationwide:

Isn’t it illegal under the U.S. Constitution to tax interstate commerce?

"This is something that a lot of people believe — I’d heard this before in casual conversation and accepted it to be true," writes James in her blog about online business, Andrea on Amazon.com. "It turns out, it’s a myth."

James goes on to explain that while the Constitution gives Congress the right "to regulate commerce with foreign nations, and among the several states, and with the Indian Tribes," it also says that, "no tax or duty shall be laid on articles exported from any state."

That clause, James notes, does not mean that states can’t tax the goods that you buy from another state. It just means that Congress can not.

Read the rest of her very thorough explanation here.

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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