New York Changes Tax Law Affecting Online Affiliates
May 21, 2008
(Long Island, N.Y.) The State of New York recently enacted new legislation that addresses tax registration, collection, and other time-sensitive obligations related to affiliate advertising of tangible products. As with all laws, this law may or may not apply to a business depending on several circumstances. However, web based affiliates of online stores and web sites can, for the first time, be treated as extensions of the store itself and creates new obligations similar to if the retailer had a physical presence within New York.
Amazon.com is currently suing the State of New York over the new tax laws while other online retailers like Overstock.com announced last week that it has notified its more than 3,400 New York-based affiliate advertisers that as of June 1st they can no longer provide advertising for Overstock items until New York changes its controversial new internet consumer tax law or the courts say the law is unenforceable. Rather than just collect these taxes, Overstock has decided to cut New York affiliates entirely, removing their “physical presence” from the state.
“Unfortunately, due to the State of New York’s new legislation, we now believe it’s prudent to discontinue, temporarily, our current relationships with our New York affiliates while the battle over the constitutionality of the New York legislation is contested in the courts,” reads a letter (PDF) sent to one New York affiliate, BusinessKnowHow.
“We love New York,” said Patrick Byrne, Overstock.com’s chairman and CEO in an article on the Dow Jones Newswire, “but New York’s new tax law required us to choose between New York customers and New York ad businesses. In the end, we chose our customers.”
In the past, retailers were treated as a business of the state only if they had an actual brick and mortar location, but these new changes apply specifically to affiliates acting as agents for a retailer. Under the new law, beginning June 1st - any retailer with New York-based affiliate marketers is required to collect sales tax on all goods shipped to a New York address.
Affiliate marketing is a web-based marketing practice in which a business rewards one or more affiliates for each visitor or customer brought about by the affiliate’s marketing efforts. Affiliate marketing has grown quickly since its inception. A Marketing Sherpa Inc research team estimated that, in 2006, affiliates worldwide earned $6.5 billion in commissions from a variety of online advertising and lead generation. Currently the most active sectors for affiliate marketing are the adult, gambling and retail sectors.
New York businesses engaged in affiliate based e-commerce should perform the appropriate due diligence as it relates to their business. Provided is a link to a memo from the New York State Department of Taxation and Finance, Office of Tax Policy Analysis, Taxpayer Guidance Division that addresses the new legislation:
http://www.tax.state.ny.us/pdf/memos/sales/m08_3s.pdf
Senate Measure Strengthens Child Sex Abuse Crimes Legislation
May 21, 2008
(Albany, N.Y.) The second of a three bill package to combat child sex abuse sponsored by State Senate Democratic Leader Malcolm A. Smith (D – St. Albans) has passed the Senate unanimously.
The latest measure (S. 1862) creates a new section of the law against using children in a sexual performance involving alcohol or drugs, making it a class B felony, punishable by up to 25 years in state prison.
“The safety and protection of our children is a paramount concern among all New Yorkers,” said Senator Smith. “With the Internet and other high-tech communications devices infiltrating all aspects of our life, both good and bad, more needs to be done to protect the most vulnerable among us.”
Another bill sponsored by Senator Smith (S. 4390) that was unanimously passed by the Senate last week allows for the use of hearsay evidence from sexually abused minors aimed at allowing the out-of-court testimony from a child less than 12 years of age to be admissible during a sex abuse trial.
“We must protect those who cannot protect themselves and this measure is geared towards that result,” Senator Smith said. “Children are the most precious parts of our family. We must protect children from being abused and neglected while providing a stable home environment. But when the system fails we must provide these children with a safe and secure setting that is essential to their healing, success and recovery.”
Senator Smith has been a longtime proponent of protecting children. Another measure he is sponsoring (S. 2438) is aimed at increasing penalties for crimes against children. The measure increases the penalties for the rape or sexual assault of a child under age five.
Regarding S. 2438, Smith said: “Something must be done in order to protect our youth from predators who wish them harm. Increasing the punishment offenders receive for raping children will help to deter future rapes and allow our children to grow up with a feeling of peace and safety.”
The bills must now be voted on by the Assembly.
Photo: State Senate Democratic Leader Malcolm A. Smith
The Leslie Munzer Neurological Institute of Long Island Presents its Spring Neurological Summit
May 20, 2008
(Rockville Centre) The Leslie Munzer Neurological Institute of Long Island (LMNI) will present its Spring Neurological Summit on Saturday, June 7, 2008 from 8:00 a.m. to 12:00 Noon at the Melville Marriott Hotel- Grand Ballroom.
The summit, featuring a distinguished panel of neurosurgeons, neuro-oncologists, neurologists and pain management specialists, offers informative sessions on a variety of topics relating to diseases of the brain and spine including Brain Aneurysms, AVMs, Brain Tumors, Cancers, Strokes, Spine Care, Pain Management, Trigeminal Neuralgia and Face Pain.
“The seminar is intended for individuals already diagnosed and in treatment for neurological disorders and diseases, those who feel they may be exhibiting symptoms or know someone they feel is exhibiting symptoms, as well as individuals wishing to know more about diseases related to the nervous system,” said LMNI board member, neurosurgeon and speaker Dr. Michael H. Brisman. Physicians, patients, family members and friends, caregivers and health care professionals are invited to attend.
LMNI is presenting the Neurological Summit free to all attendees as a service to the community, however, seating is limited. Reservations are suggested.
The Melville Marriott is located on Long Island at 1350 Old Walt Whitman Road in Melville. Registration and breakfast begins promptly at 8:00 a.m. For more information, visit LMNI’s website at www.lmni.org. To make a reservation, please contact Lynda Distler at 516-442-3527.
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The Leslie Munzer Neurological Institute of Long Island, LMNI, a 501 (c) 3 foundation founded in 2006, was created by Long Islanders to address the needs of Long Islanders who suffer from diseases related to the nervous system, their caregivers and family members; improve the quality of life of those affected by the diseases; advance the understanding and knowledge of the nervous system and related neurological disorders; provide education and outreach to patients, physicians and community at large; fund research in the neurosciences, and work with Long Island hospitals to help purchase the equipment necessary to ensure that quality health care, advanced diagnostic techniques and treatment are available on Long Island. To that end, LMNI supports the talented physicians practicing here on Long Island, many of whom are renowned in their fields and provide Long islanders with health care rivaling that which is available anywhere today.
GEICO Skytypers to be Featured Performers at 2008 Jones Beach Air Show
May 19, 2008
(Long Island, N.Y.) The GEICO Skytypers, the only existing World War II civilian squadron flying today, will be featured performers at the 2008 Bethpage Federal Credit Union New York Air Show at Jones Beach. The GEICO Skytypers will perform an aerial show for spectators “sky-typing” computerized dot matrix messages 10,000 feet up in the air. The Skytypers will also fly a low level, precision flying demonstration that has thrilled spectators all over the United States.
Skytyping utilizes five airplanes that fly abreast, 250-feet apart and “type” up to 25-30 character messages in a dot-matrix-like pattern. Skytyping is 17 times faster than skywriting, laying out a letter every 4 seconds. During skytyping aerial exhibitions, the pilots fly their aircraft in a line-abreast formation while a computer in the lead plane sends radio signals to the smoke systems in each plane in the formation, thus creating a customized message in a dot-matrix pattern of environmentally safe puffs of smoke.
About the GEICO Skytypers:
The GEICO Skytypers, based out of Farmingdale, NY are the world’s only precision formation fleet squadron of rare WWII SNJ-2’s and the only sky fleet of its kind to type dot matrix messages that are visible over a 30-mile radius. www.geicoskytypers.com
About GEICO - Government Employees Insurance Company
GEICO has taken a special interest in serving the U.S. Military since the company’s founding in 1936. GEICO provides discount programs and service options that can best serve U.S. troops at home and overseas during wartime as well as peacetime. www.geico.com/about/
About the Bethpage Federal Credit Union New York Air Show:
The Bethpage Federal Credit Union New York Air Show is sponsored by BFCU, the New York State Office of Parks, Recreation and Historic Preservation, and presented by Newsday. This year’s lineup will feature the US Navy Blue Angels Jet team as well as some of the best civilian and military aerobatic performers performing today. This years Air show will be on May 24 & 25, 2008 and commences at 10:00 a.m. and concludes at 3:00 p.m. www.jonesbeachairshow.com
Tips for the show:
Arrive early Dress in beach attire Bring some warm clothes in case of a temperature change, Glasses, Sunscreen, Beach towels and chairs. Check the website regularly for last minute news items and updates: www.jonesbeachairshow.com
SPECIAL EDITORIAL NOTE: The GEICO Skytypers will skytype messages over NY metro area on Saturday and Sunday.
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Queens Kids Work to Save Historic Home of Jazz Legend
May 16, 2008
(Long Island, N.Y.) On Friday, May 23rd the second graders at the Holliswood School in Jamaica Estates will be honoring a jazz legend. The second graders in Ms. Passarella’s class have been learning about different genres of music for the past two years, but have been most impressed with the work of saxophonist John Coltrane. There will be many activities that children will be organizing to raise the profile of the legend.
All of this stands on a foundation of teaching children the joy of philanthropy. The program is a kick off fundraiser to help in the effort to save the home of John Coltrane. The home is a landmark in Dix Hills, Long Island waiting to be transformed into a historic home, but funds are sorely needed to continue this effort! “Our task is to restore the home to the way it was when the Coltrane family lived there and open it to the public as a historic home to educate children and all people about John and Alice Coltrane and their life’s mission to be a force for good through their music,” said Steve Fulgoni the Director of the nonprofit The Friends of the Coltrane Home. For further information on saving the home of John Coltrane go to www.dixhills.com.
The press is welcome on May 23rd at 1:00pm in the Holliswood School auditorium, located at 189-10 Radnor Road, Jamaica Estates, Queens. The children will be singing original lyrics that they wrote to the sounds of jazz musician Louis Vignapiano, who will be present playing guitar. The children have been working with his music since first grade in a multiple intelligences learning environment. The class has been together for two years in a looped classroom and now will apply all of their learning in this wonderful project.
They also choreographed dances for the event. First working with ballroom dance teacher Michael Pagan, the students then interpreted what they learned to create their own dances in honor of John Coltrane. You can see Dancing with the Second Graders come to life! After the show there will be a reception called “The Cotton Candy Club.” The children will be transforming their classroom into the magical world of the original Cotton Club in New York City. It will be a time to celebrate education and creativity.
During the months of May and June there will be raffles, bake sales and a book fair to raise money for this effort. Some of the top prizes will be Eastwood’s Joey Leone Signature Guitar and an autographed book by Bill Clinton. Clinton’s office called Ms. Passarella to grant the children’s request for an item from President Clinton because he is a big Coltrane fan. The son of John Coltrane, saxophonist Ravi Coltrane has autographed CD’s which will also be raffled off. Jazz at Lincoln Center is also on board because they are so impressed with the children.
If you would like more information about this topic, or to schedule an interview with Christine Passarella, please call Christine Passarella at 516-319-4211 or email illuminata4@aol.com
State Senate Democratic Conference Supports Subprime Mortgage Moratorium
May 14, 2008
(Albany, N.Y.) State Senate Democratic Conference Members today called for the passage of bipartisan legislation to impose a one-year delay on foreclosure proceedings to allow New York families victimized by predatory lending to avoid the loss of their homes.
“In the first quarter of 2008 the rate of foreclosures throughout the state has increased by forty percent,” said Senate Democratic Leader Malcolm A. Smith (D-St. Albans). “As legislators, we have an obligation to our constituents and must act now to pass legislation which immediately provides relief to homeowners faced with losing their homes.”
Senate Democrats urged their Republican colleagues to support the bipartisan legislation, which could prevent up to 125,000 foreclosures in the next year. Senate Democrats recommended comprehensive reforms to protect homeowners and strengthen communities. Without the reforms, property values are expected to decline by an average of $18,000 as a result of subprime foreclosures, leading to a $65 billion decline in the statewide tax base.
“The subprime foreclosure crisis is at full tilt, with dire projections for ever-increasing foreclosures over the next year,” said Senator Martin Connor, a Manhattan Democrat and ranking member of the Senate Banks Committee.
“The Governor and the Legislature have appropriated funds to help homeowners negotiate mortgage terms,” Senator Connor said. “The one-year moratorium is essential to stave off disaster and buy time for the other measures to save family homes.”
Senate Democratic Conference members have first-hand experience in preventing foreclosures and saving family homes. The Conference, joined by the State Banking Department and other state officials, last year created the Operation Protect Your Home initiative which has helped over 1,600 working families avoid foreclosure. The initiative included bipartisan workshops from New York City to Buffalo where homeowners meet with lenders from around the country to discuss, and when possible, modify their mortgage terms.
Still, thousands more New York families now face foreclosure, and need immediate help.
Senate Deputy Democratic Leader Jeff Klein (D-Bronx) said: “The time to act is now. Lenders must open their mortgage portfolios and restructure loans to keep families in their homes wherever possible. Bank purchasers and trustees of troubled mortgages must declare a moratorium on foreclosures to allow homeowners time to modify their loans and protect the equity in their homes.”
ACORN President Bertha Lewis said: “This legislation will finally create a real incentive for lenders to get serious about adjusting subprime loans for thousands of New Yorkers in crisis. The depth of this crisis and the costs to the state demand that New York slam on the brakes on home foreclosure so that we can buy both borrowers and lenders the time to work out individual loans. If the Senate Majority is serious they will join Senator Smith and his colleagues and pass this legislation today. We cannot wait.”
Last week, the State Assembly passed moratorium legislation with a vote of 126 to 11, signaling strong bipartisan support. Senate Democrats and their allies called today for swift passage of the same-as Senate bill (S. 6724-B, Padavan).
Senate Democrats also called for passage of their comprehensive reform package, which would provide real relief to homeowners and communities during the moratorium period. The package includes:
- Quick distribution of $25 million included in this year’s state budget for counseling and legal representation for families facing foreclosure;
- Passage of legislation to require upkeep and maintenance of foreclosed properties;
- Passage of legislation imposing a fiduciary duty on mortgage brokers;
- Required education and financial literacy assistance for subprime homebuyers.
Senator Smith concluded: “If this package is approved, victims of predatory lending will not have to worry about being evicted from their homes in a matter of days or months. We want to “press pause” on foreclosures, and give them a fair opportunity to save their homes.”
H2M Encouraging Students to Become Engineers and Architects
May 14, 2008
(Melville, N.Y.) – H2M, a multi-disciplined Engineering, Architectural and Laboratory Analysis firm, has been helping teach students about the fields of Engineering and Architecture. By education students at an early age, about the various opportunities available in the fields H2M hopes to create future Engineers and Architects. Paul J. Granger, P.E. and Jen Curtin, Project Architect from H2M had the opportunity to address students in a seminar setting at Division Avenue High School in Levittown, NY.
They showcased engineering careers and illustrated to students that an education in engineering is both desirable and within their reach. Engineers and Architects are in high demand as our infrastructure (roads, bridges, buildings and utilities) age. Graduates can expect a good salary and a rewarding career that helps to improve and enhance everyday life. Introducing students to people in those fields helps to develop potential career interest in the fields of Engineering and Architecture.
The classes attended the seminar were; Mr. Rob Flauto’s Architectural Drawing class, Mr. Roy Scarlett’s Principles of Engineering and Electrical Circuitry & Robotics class, Ms. Alison Offerman-Celentano’s AP Environmental Science class and Dr. Troy Joseph’s Science Research class.
Mr. Granger has over 19 years experience of water supply/resources management, design and operations and is a resident of Levittown, NY. Ms. Curtin, a resident of Hauppauge, NY has been with H2M since 2004 and has a B.S., Architecture from the University of Buffalo. If you would like more information about H2M or the Architectural or Engineering Fields please call 631-756-8000 or visit our website at www.h2m.com.
Founded in 1933, H2M has grown to be one of the most respected professional consulting firms in the Northeast, providing full-service engineering, architecture, environmental services, and laboratory analysis. H2M consists of Holzmacher, McLendon & Murrell, P.C., H2M Labs, Inc., H2M Associates, Inc., H2M Architects & Engineers, Inc.; and has offices in Melville, New York and Parsippany, New Jersey.
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H2M Celebrating our 75th Anniversary
575 Broad Hollow Road
Melville, NY 11747
P: 631.756.8000
http://www.h2m.com
Senate Measure Allows Use Of Hearsay Evidence from Sexually Abused Minors
May 14, 2008
(Albany, N.Y.) Senate Democratic Leader Malcolm A. Smith (D – St. Albans) sponsored a bill (S. 4390) that was unanimously passed by the Senate aimed at allowing the out-of-court testimony from a child less than 12 years of age to be admissible during a sex abuse trial.
“We must protect those who cannot protect themselves and this measure is geared towards that result,” Senator Smith said. “Children are the most precious parts of our family. We must protect children from being abused and neglected while providing a stable home environment. But when the system fails we must provide these children with a safe and secure setting that is essential to their healing, success and recovery.”
Under the measure, the testimony would only be admissible if the sexually abused child:
1) is unable to testify in court or an official court proceeding; 2) has been determined to suffer possible severe trauma by testifying; 3) when the testimony of an individual is relevant to the case in question.
Senator Smith has been a longtime proponent of protecting children. Two other measures he is sponsoring are aimed at increasing penalties for crimes against children.
- S. 2438 increases the penalties for the rape or sexual assault of a child under age five.
- S. 1862 makes crimes against children involving alcohol or drugs a class D felony. This measure passed the Senate earlier this year.
“More still needs to be done to protect our children, the most valuable and vulnerable among us,” Senator Smith said. “Recognizing the significant safety concerns for our children, this measure (S. 1862) seeks to punish those who utilize controlled substances or alcohol in facilitating sexual performances by a child. By enacting the criminal offense of facilitating a sexual performance with a child with controlled substance or alcohol, the safety of our children will be further protected.”
Regarding S. 2438, Smith said: “Laws against sexual predators who commit crimes against children less than five years of age must be strengthened. Something must be done in order to protect our youth from predators who wish them harm. Increasing the punishment offenders receive for raping children will help to deter future rapes and allow our children to grow up with a feeling of peace and safety.”
The bills must also be passed in the state Assembly before they become law.
Fair Media Council Against Cablevision Acquisition of Newsday Media Group
May 13, 2008
(Long Island, N.Y.) Cablevision Systems Corp has announced that it will buy Long Island based Newsday from the Tribune Co. in a deal worth $650 million. It’s expected that Tribune will retain a 3 percent interest of Newsday - valued at $20 million to avoid a capital gains tax from the sale. This leaves Cablevision owning 97% of Newsday companies which consist of Long Island’s only daily newspaper, online versions of Newsday.com and other local information sites such as ExploreLI.com, the commuter daily amNewYork newspaper and Star Community Publishing Group (a host of weekly shoppers) and Island Publications’ portfolio of lifestyle magazines. The deal will be financed with $650 million in Cablevision bonds underwritten by Bank of America.
Citing grave concern for the Long Island public, both as news consumers and as advertisers, the Fair Media Council today denounced Cablevision’s acquisition of Newsday and its holdings.
“Such an acquisition simply places too much power in the hands of too few,” said Jaci Clement, executive director of the Fair Media Council. “Cablevision’s dominance as the only 24-hour news channel on Long Island, combined with Newsday being the sole daily local newspaper, spells serious trouble for the 2.7 million people on Long Island who need - and deserve — a diversity of information and viewpoints in their news. Such a media monopoly also poses a threat for the 87,000 small businesses that comprise the backbone of the Long Island economy and need affordable avenues for advertising.”
“If you take Newsday and its other products, plus News 12, you’re looking at the ability for one media outlet to come into every home on Long Island,” said Clement. “You’re also looking at the ability for one media outlet to ignore news it doesn’t want the public to know.”
The Fair Media Council, an advocate for quality local news coverage and a 501c3 organization, is comprised of about 200 regional businesses and nonprofit organizations. More information may be obtained at www.fairmediacouncil.org.
H2M Breaks Ground for the New Sayville Library on Long Island
May 13, 2008
(Melville, N.Y.) – H2M, a multi-disciplined Engineering, Architectural and Laboratory Analysis firm, helped kick off construction at the groundbreaking of the new Sayville Library which incorporates many green and sustainable features. H2M was commissioned by the Sayville Library to provide professional architecture and engineering services for the development of a new 38,000 square foot library. For this project, H2M partnered with local LPA Architects to develop the design and gain the approval of the community through a successful bond referendum.
Further, the Sayville Library Board recognized this project as an opportunity to demonstrate environmental responsibility to the community and set an example to the children of Sayville and West Sayville by implementing many sustainable design features. Some of the systems and sustainable features being implemented include: Geothermal Heating/Cooling System; Photovoltaic Electric System; Use of Regional/Local Materials; Developed daylight and views; Reduced water usage; Indoor Air Quality, VOC free paints, Green Label carpets, Formaldehyde-free wood, and Adequate building ventilation. Construction is expected to be completed in the summer of 2009.
For further information about H2M please call 631-756-8000 or visit the website at www.h2m.com.
Founded in 1933, H2M has grown to be one of the most respected professional consulting firms in the Northeast, providing full-service engineering, architecture, environmental services, and laboratory analysis. H2M consists of Holzmacher, McLendon & Murrell, P.C., H2M Labs, Inc., H2M Associates, Inc., H2M Architects & Engineers, Inc.; and has offices in Melville, New York and Parsippany, New Jersey.
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H2M Celebrating our 75th Anniversary
575 Broad Hollow Road
Melville, NY 11747
P: 631.756.8000
http://www.h2m.com
