Actually, all you eBayers beware. ABC News is relaying an AP story on a North Dakota attempt to require North Dakotans that use eBay to sell third-party goods to obtain am auctioneer’s license.
To get a North Dakota auctioneer’s license, applicants must pay a $35 fee, obtain a $5,000 surety bond and undergo training at one of eight approved auction schools, where the curriculum includes talking really fast….
The (Public Service Commission) already licenses auctioneers and is asking North Dakota’s attorney general for a legal opinion about whether the definition of an auctioneer covers eBay sellers.
Commissioner Kevin Cramer said he does not believe the law applies to people who sell their own goods over eBay, but it could cover those who sell property consigned by others for a fee.
“Our laws probably didn’t contemplate this type of commerce,” Cramer said. “It’s probably time to take a look at them.”
Somehow, I doubt that this is about the $35 license or even the $5,000 bond. Rather, it’s all about the sales taxes. It’s a lot easier to force a state-licensed business to collect them. Indeed, if I were more cynical than I already am, I’d say they’ll use the physical presence of these eBay-using licensed auctioneers to claim that eBay itself has a physical presence in North Dakota and thus compel them to collect sales taxes on everything sold to North Dakota residents via eBay.
If they’re successful on either front, look for this to spread nationwide, “moratorium” on Internet taxes be damned.
Not just the sales tax, but they’re trying to track down lost income tax as well.
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