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HomeMy WebLinkAbout11152019 City Council Special Mtg Laydown - Homer Resolution ll � Is%iq SPecr, I C o n A 1 iv1 f9 Lays G Lv� 1 CITY OF HOMER 2 HOMER,ALASKA 3 City Manager 4 RESOLUTION 19-077 5 6 A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, 7 AUTHORIZING THE CITY OF HOMER TO JOIN THE ALASKA REMOTE 8 SELLER SALES TAX COMMISSION FOR THE PURPOSE OF 9 DEVELOPING, IMPLEMENTING, AND ENFORCING A REMOTE 10 SELLER SALES TAX CODE AND DESIGNATING THE COMMISSION 11 REPRESENTATIVE 12 13 WHEREAS, The inability to effectively collect sales tax on sales of personal property, 14 products or services transferred or delivered into Alaska by a remote seller in response to 15 orders placed electronically by local consumers is eroding the sales tax base of Alaska 16 communities and resulting in revenue losses that is causing imminent harm to residents 17 through the loss of critical funding for local education; and 18 19 WHEREAS, The harm from the loss of revenue is especially problematic in Alaska 20 because the state has no broad-based tax, and sales tax revenues are essential in funding the 21 provision of services by local governments; and 22 23 WHEREAS,The failure to collect tax on remote sales creates artificial market distortions 24 and competitive advantages for remote sellers by perpetuating tax shelters for businesses that 25 limit their physical presence in the state or its municipalities but still sell goods and services to 26 local consumers,something that becomes easier and more prevalent as technology continues 27 to advance; and 28 29 WHEREAS,The structural advantages for remote sellers,including the absence of point- 30 of-sale tax collection, combined with the general growth of online retail, means that the 31 erosion of the sales tax base is a growing problem that will only worsen in the near future if the 32 borough is not able to legally collect remote seller sales tax within the framework of current 33 United States Supreme Court case law; and 34 35 WHEREAS, The recent decision by the United States Supreme Court in South Dakota v. 36 Wayfair allows for the amendment of the sales tax code to account for remote sellers who do 37 not have a physical presence in either the State of Alaska or within the Kenai Peninsula 38 Borough, but do have a taxable connection with those jurisdictions; and 39 40 WHEREAS, The decision in South Dakota v. Wayfair provided guidance that included the 41 defensibility of a single-level statewide administration of remote sales tax collection and 42 remittance; and 43 Page 2 of 3 RESOLUTION 19-077 CITY OF HOMER 44 WHEREAS, Remote sellers who make a substantial number of deliveries into or have 45 large gross revenues from Alaska benefit extensively from the Alaska market, affecting the 46 economy generally, as well as local infrastructure; and 47 48 WHEREAS, Modern computing and software options ensure that it is neither unusually 49 difficult nor a substantial burden for remote sellers to collect and remit sales taxes associated 50 with sales into Alaska taxing jurisdictions; and 51 52 WHEREAS, In order to implement a single-level statewide sales tax administration, it is 53 the intent of numerous local taxing jurisdictions within Alaska to establish an 54 intergovernmental entity known as the Alaska Remote Seller Sales Tax Commission (the 55 "Commission"); and 56 57 WHEREAS, The function and powers of the Commission will be set forth in the Alaska 58 Intergovernmental Remote Seller Sales Tax Agreement (the "Agreement"), a cooperative 59 agreement between Commission members;and 60 61 WHEREAS,Under the terms of the Agreement, in order to maintain membership in the 62 Commission, the borough will be required to adopt certain uniform code provisions for the 63 collection and remittance of municipal sales tax applicable to sales made by remote sellers; 64 and 65 66 WHEREAS, The uniform remote sales tax code will be presented to the assembly for 67 consideration once adopted by the Commission to comply with guidance found in the Wayfair 68 decision; and 69 70 WHEREAS, If adopted,the administration of remote sales tax collection and remittance 71 will be delegated to the Commission; and 72 73 WHEREAS,The intent of the Agreement is to enable Alaska's taxing jurisdictions to levy 74 their municipal sales tax to the maximum limit of federal and state constitutional doctrines; 75 and 76 77 WHEREAS,Article X, Section 13 of the Alaska Constitution authorizes local government 78 to enter into agreements for the cooperative or joint administration of any function or power, 79 unless otherwise prohibited by law or charter; 80 81 WHEREAS, In addition AS 29.35.010(13) provides authority for the borough to enter into 82 intergovernmental cooperative agreements for the joint administration of a borough function 83 or power; 84 85 WHEREAS,The purpose of being an early member of the Commission is to have a voice 86 during the formation process while not committing to any future obligation or action; and Page 3 of 3 RESOLUTION 19-077 CITY OF HOMER 87 88 WHEREAS, A member will be able to withdraw from the Commission if the adopted 89 bylaws, uniform code,or fees are not acceptable to the member municipality. 90 91 NOW,THEREFORE,BE IT RESOLVED that the City Council of Homer,Alaska,that the City 92 Manager or their designee is authorized to negotiate, execute, and submit all necessary 93 documents to obtain and maintain membership in the Alaska Remote Seller Sales Tax 94 Commission, including the Alaska Intergovernmental Remote Seller Sales Tax Agreement 95 included as Attachment A. 96 97 BE IT FURTHER RESOLVED the City Manager or designee is designated as the city's 98 representative on the Commission. 99 100 PASSED AND ADOPTED by the Homer City Council this 28th day of October, 2019. 101 102 CITY OF HOMER 103 104 105 106 KEN CASTNER, MAYOR 107 ATTEST: 108 109 110 111 MELISSA JAC EN, MMC, CITY CLERK 112 `® 113 Fiscal Note: N/A o014.9 t""°4>4%