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New Tax Plan Could Jeopardize Small Business Owners' Privacy

The Bush administration is proposing a new tax collection program that would force credit card companies to report merchants' income to the Internal Revenue Service. The plan has come under fire from privacy groups, who say it will create another private sector database tied to Social Security numbers at a time when ID theft experts are urging companies to wean themselves from the use and collection of such information.

The proposal is spelled out in the White House's FY09 federal budget request for the U.S. Treasury, which the administration says includes some 16 changes to existing tax law designed to collect more than $36 billion in new revenues over 10 years.

According to an analysis by the Center for Democracy & Technology, the proposal would require credit card companies to report the aggregate transactions of all businesses that have merchant accounts with the card issuers. The reports to the IRS would be tied to each merchant's taxpayer identification number. The problem is, in many cases, small businesses use their owners' Social Security numbers as their taxpayer ID.

CDT called the proposal "disturbing" because it said it "would require credit card companies to turn over to the government large amounts of data about their merchants without any reason to believe that they have broken any laws."

"The Treasury Department has done little to justify why Congress should impose this substantial new burden on sole proprietors and other small businesses," CDT concluded.

The administration proposed a similar plan in last year's budget that would have required Internet "brokers" like Amazon and eBay to collect and report similar data, but the idea met opposition on Capitol Hill and was never included in any implementing legislation.

This latest measure, however, appears to have legs: CDT Vice President Ari Schwartz said he has seen drafts of legislation in both the House and Senate that would implement these specific items from the president's budget. Drafts are currently circulating through the Senate Finance Committee and the House Ways & Means Committee.

Businesses shouldn't be too frightened of this proposal just yet: It is garnering some fairly strong opposition from the National Federation of Independent Business, a powerful lobbying group in Washington.

"We have a lot of concerns with the proposal," said Bill Rys, tax counsel for the NFIB. Rys cited additional costs for businesses as the main source of the group's displeasure over the proposal.

Under an April 5 draft of legislation to implement the measure, viewable here, credit card companies would have to withhold 28 percent of receipts for businesses that do not provide a taxpayer ID number.

But Rys said privacy and security concerns also play a role.

"Privacy and security concerns are a major concern for our members, and we'd definitely want to make sure those got addressed in any consideration of this."

By Brian Krebs |  May 22, 2008; 4:40 PM ET From the Bunker , Misc. , U.S. Government
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Comments

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"credit card companies would have to withhold 28 percent of receipts for businesses that do not provide a taxpayer ID number."

Wow is this an incredibly stupid idea. This would crush so many small businesses who drop ship over the internet, mine being one of them. Just the concept that a little under 50 percent of my revenue is pre-tax profit as it is, any time my cash flow got thin and I had to process returns, this would shut me down permanently and the big corporations who I am currently able to compete with would be the benefactors.

Once again, republicans showing their true colors. Stomp on the little guys and give it to the big guys and the big guys move it offshore to avoid taxes.

They might as well call this bill the "Internet Small Business Termination Act".

Posted by: Benjamin | May 23, 2008 3:44 PM

Let's look at the unintended consequences of this act. Small business will just refuse to accept credit cards. "Sorry, can't accept cards!" This is a good way to put a major dent in credit card companies, which in turn cascades into other consequences. I will simply refuse to deal with credit cards. If the government wants more income, it should encourage economic growth, not poison it.

Posted by: Charles | May 23, 2008 3:56 PM

Let's look at the unintended consequences of this act... I will simply refuse to deal with credit cards - Charles

...and an end to credit cards usage, a return to living by one's means, is bad how?

Posted by: Steven Hipkiss | May 23, 2008 4:07 PM

Good thing I insist on getting paid in cash, not that Federal Reserve Notes are worth much these days.

Posted by: Hagbard Celine | May 23, 2008 4:18 PM

If this catches on at the state level, it could enforce those consumer use taxes (you know, when you don't pay sales tax on something shipped to you from out of state because that merchant doesn't have a nexus in your state?).

Some people believe "you don't have to pay sales tax on something shipped to you from out of state......"

Yes you do, but it was unenforceable, I mean theoretically enforceable by matching SSN to credit card number, but legally unenforceable, because who knew what you bought from whom from a mail order catalog, the Internet, and so on?

Unenforceable, perhaps, but what if?

I do remit my five percent of Virginia non-food sales tax because my purchases easily exceed $100 a year. When I was a Maryland resident I did the same, plus less tax on food which was not taxed. When I was a West Virginia resident I did the same on non-food at the 6% rate.

Mom was certain our neighbors were shopping over the line in Maryland and not telling anyone..... they needed to, the mom was on Food Stamps.

Perhaps the best thing states can do is agree on a uniform rate for nonfood so merchants can charge that for Internet transactions only. It is better than getting nothing.

Posted by: Worse- it could enforce consumer use taxes | May 23, 2008 4:19 PM

In Socio-nazi Amerika, the credit machine processes you!

Posted by: Dusty | May 23, 2008 4:29 PM

When is the Bush regime going to realize that they are the lamest ducks ever to quack at 1600 Pennsylvania Avenue. We want nothing to do with their current policies; yet they continue to dig their hole of epic failure that much deeper and away from public interest. Fly away lame ducks!

Posted by: Adam | May 23, 2008 5:05 PM

Perhaps they should apply for an EIN online? It is free, and takes about five minutes.

http://www.irs.gov/businesses/small/article/0,,id=102767,00.html

Posted by: David Phillips | May 23, 2008 6:14 PM

You all realize that credit card companies take 3 to 5 percent of gross charges right off the top (that includes sales tax included in the charge). But I bet anything that this proposed rule doesn't take that into account. Small businesses would be hurt for sure, especially if their credit card processors withhold 28% for invalid TINs. This is an extremely wrong-headed proposal.

Posted by: smallbird | May 23, 2008 10:39 PM

How many businesses get licensed to operate by using the SS # of the owner. Most get the tax ID from the state and that is what they are asking for. If you are using your SS # then I think you are probably not operating as a licensed business at all.

Posted by: dick | May 24, 2008 1:00 AM

Has anyone seen the Aaron Russo film "Freedom to Fascism"? If not, I suggest you do. The IRS has no right to tax you for your labor. There is no law on the books that requires you to pay an income tax. There have even been large rewards for anyone who could find the supposed law...so far those rewards remain uncollected.

Posted by: jason | May 24, 2008 1:31 AM

In this day and age what kind of idiot does it take to use their SSN as their business tax ID#?

Are there still people out there using their SSN on their driver's license too?

I think they deserve what their ignorance brings them; Darwin at work!

Posted by: LALA | May 24, 2008 6:14 AM

Working for the IRS needs to made so dangerous that no one will report for work!

Posted by: Hassan Bin Sober | May 24, 2008 7:24 AM

Lovely, just what we need. More nosey Government sticking its nose where it doesnt belong.

JT
www.an0n.mirrorz.com

Posted by: John Thomas | May 24, 2008 9:59 AM

The government continues to demonstrate it owns you and it views you as nothing more than a revenue source it can drain energy from. Pay and obey.

Posted by: ReaderX | May 24, 2008 1:17 PM

I am saddened that our country has become fixated on taxation so they can have carte blanche for whatever; does anyone remember the principles our country was founded upon? Our leadership continues to show it's arrogance by ignoring this countries people and their needs. Instead their only focus is blatantly how to get more money thru taxation. Is our country (our people) not worth spending the time to work on what we need so badly - Jobs, better pay, health care, etc. These things should not be impossible tasks and it doesn't take a rocket scientist to figure out that when our people prosper, the necessary revenue for our country will follow. Our country had better wake up when they go to the polls and choose someone that has a clue and cares enough to work for our country, not owned by big business and self interest. Is it too much to ask for a genuine leader?

Posted by: Shirley | May 30, 2008 11:46 AM

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