New York’s argument, based on a reading of the 1992 Quill vs. North Dakota U.S. Supreme Court ruling, is that because Amazon makes sales through affiliates who live in the state, it can be considered to have a physical presence there—which means the new law wouldn’t apply to retailers who don’t use affiliate programs.
Oddly, until now New York residents have been asked to voluntarily provide their total sum of online purchases on their state tax forms in order to estimate a tax payment, but InternetNews wrly notes it “evidently has fallen short” of the expected revenue goals set by the state.
In other words, because some people sell stuff over Amazon even though they do not work for Amazon and Amazon does not own their stuff, New York State thinks that it has the right to tax them.