Comments on: If You Sell in Colorado

By: Does Terminating Colorado Affiliates Resolve the Issue? « Affiliate Marketing Blog

Mon, 08 Mar 2010 19:40:56 +0000

[...] but not through Colorado-bases affiliates. Upon reading Brian Strahle’s post on the matter, Melanie Seery’s post, and this article at TheDenverChannel.com, I was under an impression that this law affects all [...]

By: Melanie

Melanie — Thu, 04 Mar 2010 17:30:38 +0000

Thanks Jen. The article I referenced was one of the first I’ve read that really seemed to tell the whole story. I hope every merchant and affiliate heads over and reads it. Also reiterates the need for everyone to retain professional counsel.

Might be a good idea to email those merchants who dropped you a link to Brian’s article so they can read it firsthand.

By: JGoode

JGoode — Thu, 04 Mar 2010 14:40:22 +0000

Thanks for posting this great info for everyone Mellie! One thing I would really like to stress and see more people truly grasp is that this bill applies to ALL MERCHANTS – regardless of affiliates. Merchants without an affiliate program are hit by this bill. Anyone shipping/selling to Colorado residents online… this bill is applicable to them.

I have already been dropped by two merchants because of this bill. The scary part is, if they don’t really understand the bill and just see that it passed and they react – they are not protecting themselves an in the meantime they are potentially hurting others in the process.

The bill does not require a nexus – and in theory – it also is not a sales tax at all.. the burden is on the merchant merely to report sales while the purchaser is required to pay a Use tax. The speculation of this is that legislation is hoping the burden on the merchant is too much of a bother, so they’ll simply pay sales tax rather than deal with all the reporting that will be required. This affects ALL MERCHANTS REGARDLESS of their affiliate program involvement with Colorado residence.

Thanks again for all the fabulous info sharing!

By: Melanie

Melanie — Wed, 03 Mar 2010 22:31:57 +0000

Thank you for the additional information. It is so important that I added a note to the beginning of my post telling everyone to make sure they read your comment and also visit your site for additional information.

This is clearly a result of the rush to pass and implement.

Thanks for stopping by Brian.

By: Brian Strahle

Brian Strahle — Wed, 03 Mar 2010 21:16:01 +0000

Melanie,

Thanks for the mention and the link to my blog. I wanted to clarify the alleged $100,000 gross receipts threshold.

Colorado’s emergency regulations and the original statute do not agree. Therefore, it is currently unclear if the $100,000 gross receipts exemption exists.

I udpated my blog post to address this issue.

If you have any questions, please contact me.

Thanks again.

Brian