S 2775 IS
106th CONGRESS
2d Session
S. 2775
To foster innovation and technological advancement in the development
of the Internet and electronic commerce, and to assist the States in simplifying
their sales and use taxes.
IN THE SENATE OF THE UNITED STATES
June 22, 2000
Mr. DORGAN (for himself, Mr. ENZI, Mr. VOINOVICH, Mr. BREAUX, Mr. GRAHAM, Mr.
HUTCHINSON, Mrs. LINCOLN, Mr. BENNETT, Mr. BRYAN, Mr. CLELAND, and Mr. THOMAS)
introduced the following bill; which was read twice and referred to the
Committee on Finance
A BILL
To foster innovation and technological advancement in the development
of the Internet and electronic commerce, and to assist the States in simplifying
their sales and use taxes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Internet Tax Moratorium and Equity Act'.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The moratorium of the Internet Tax Freedom Act on new taxes on
Internet access and on multiple and discriminatory taxes on electronic
commerce should be extended.
(2) States should be encouraged to simplify their sales and use tax
systems.
(3) As a matter of economic policy and basic fairness, similar sales
transactions should be treated equally, without regard to the manner in
which sales are transacted, whether in person, through the mails, over the
telephone, on the Internet, or by other means.
(4) Congress may facilitate such equal taxation consistent with the
United States Supreme Court's decision in Quill Corp. v. North Dakota.
(5) States that adequately simplify their tax systems should be
authorized to correct the present inequities in taxation through requiring
sellers to collect taxes on sales of goods or services delivered in-state,
without regard to the location of the seller.
(6) The States have experience, expertise, and a vital interest in the
collection of sales and use taxes, and thus should take the lead in
developing and implementing sales and use tax collection systems that are
fair, efficient, and non-discriminatory in their application and that will
simplify the process for both sellers and buyers.
(7) Online consumer privacy is of paramount importance to the growth of
electronic commerce and must be protected.
SEC. 3. EXTENSION OF INTERNET TAX FREEDOM ACT MORATORIUM THROUGH 2005.
Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is
amended by striking `3 years after the date of the enactment of this Act--'
and inserting `on December 31, 2005:'.
SEC. 4. STREAMLINED SALES AND USE TAX SYSTEM.
(a) DEVELOPMENT OF STREAMLINED SYSTEM- It is the sense of the Congress
that States and localities should work together, with the advice of the
National Conference of Commissioners on Uniform State Laws, to develop a
streamlined sales and use tax system that addresses the following in the
context of remote sales:
(1) A centralized, one-stop, multi-state registration system for
sellers.
(2) Uniform definitions for goods or services, whose sale may, by State
action, be included in the tax base.
(3) Uniform rules for attributing transactions to particular taxing
jurisdictions.
(4) Uniform procedures for--
(A) the designation and identification of purchasers exempt from sales
and use taxes; and
(B) immunization from liability for sellers that rely on such State
procedures.
(5) Uniform procedures for the certification of software that sellers
rely on to determine sales and use tax rates and taxability.
(6) Uniform bad debt rules.
(7) A uniform format for tax returns and remittance forms.
(8) Consistent electronic filing and remittance methods.
(9) State administration of all State and local sales and use
taxes.
(10) Uniform audit procedures, including a provision giving a seller the
option to be subject to no more than a single audit per year using those
procedures; provided that if the seller does not comply with the procedures
to elect a single audit, any States can conduct an audit using those
procedures.
(11) Reasonable compensation for tax collection by sellers.
(12) Exemption from use tax collection requirements for remote sellers
falling below a de minimis threshold of $5,000,000 in gross annual
sales.
(13) Appropriate protections for consumer privacy.
(14) Such other features that the States deem warranted to promote
simplicity, uniformity, neutrality, efficiency, and fairness.
(b) NO UNDUE BURDEN- The Congress finds that, if adopted, the system
described in subsection (a) will not place an undue burden on interstate
commerce or burden the growth of electronic commerce and related technologies
in any material way.
SEC. 5. INTERSTATE SALES AND USE TAX COMPACT.
(a) AUTHORIZATION AND CONSENT- In general, the States are authorized to
enter into an Interstate Sales and Use Tax Compact. Subject to subsection (c),
the Congress consents to their entry into that Compact. The Compact shall
describe a uniform, streamlined sales and use tax system consistent with
section 4(a), and shall provide that States joining the Compact must adopt
that system.
(b) EXPIRATION- The authorization and consent in subsection (a) shall
expire if the Compact has not been formed before January 1, 2006.
(c) Congressional Consent Withdrawn if Compact Disapproved-
(1) ADOPTING STATES TO TRANSMIT- Upon the 20th State becoming a
signatory to the Compact, the adopting States shall transmit a copy of the
Compact to Congress.
(2) CONGRESSIONAL ACTION- The consent of the Congress to the Compact is
withdrawn if the Congress, by law, disapproves the Compact within 120 days
(computed in accordance with section 154 of the Trade Act of 1974 (19 U.S.C.
2194)) after the adopting States transmit it to the Congress.
SEC. 6. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH
AVERAGING.
(a) IN GENERAL- A State that levies a use tax shall impose a single,
uniform State-wide use-tax rate on all remote sales on which it assesses a use
tax for any calendar year for which the State meets the requirements of
subsection (b).
(b) AVERAGING REQUIREMENT- A State meets the requirements of this
subsection for any calendar year in which the single, uniform State-wide
use-tax rate is in effect if such rate is no greater than the weighted average
of the sales tax rates actually imposed by a State and its local jurisdictions
during the second calendar year prior to such calendar year.
(c) COMPUTATION OF RATE NO GREATER THAN WEIGHTED AVERAGE- For purposes of
subsection (b), a State-wide use tax rate is no greater than the weighted
average of the sales tax rates imposed in a prior calendar year only if, had
such rate been assessed during such prior calendar year on all sales on which
a sales tax was actually assessed by such State and its local jurisdictions,
such rate would not have yielded a greater total assessment of taxes than the
total taxes actually assessed on such sales during such year.
(d) ANNUAL OPTION TO COLLECT ACTUAL TAX- Notwithstanding subsection (a), a
remote seller has the annual option of collecting applicable State and local
use taxes throughout a State.
SEC. 7. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.
(1) STATES THAT ADOPT THE SYSTEM MAY REQUIRE COLLECTION- Any State that
has adopted the system described in the Compact is authorized,
notwithstanding any other provision of law, to require all sellers not
qualifying for the de minimis exception to collect and remit sales and use
taxes on remote sales to purchasers located in such State after the
expiration of the 120 day period described by section 5(c)(2) unless the
Compact is disapproved under section 5(c).
(2) STATES THAT DO NOT ADOPT THE SYSTEM MAY NOT REQUIRE COLLECTION-
Paragraph (1) does not extend to any State that does not adopt the system
described in the Compact.
(b) NO EFFECT ON NEXUS, ETC- No obligation imposed by virtue of authority
granted by subsection (a)(1) or denied by subsection (a)(2) shall be
considered in determining whether a seller has a nexus with any State for any
other tax purpose. Except as provided in subsection (a), nothing in this Act
permits or prohibits a State--
(1) to license or regulate any person;
(2) to require any person to qualify to transact intrastate business;
or
(3) to subject any person to State taxes not related to the sale of
goods or services.
SEC. 8. LIMITATION.
In general, nothing in this Act shall be construed as subjecting sellers
to franchise taxes, income taxes, or licensing requirements of a State or
political subdivision thereof, nor shall anything in this Act be construed as
affecting the application of such taxes or requirements or enlarging or
reducing the authority of any State or political subdivision to impose such
taxes or requirements.
SEC. 9. DEFINITIONS.
(1) STATE- The term `State' means any State of the United States of
America and includes the District of Columbia.
(2) GOODS OR SERVICES- The term `goods or services' includes tangible
and intangible personal property and services.
(3) REMOTE SALE- The term `remote sale' means a sale in interstate
commerce of goods or services attributed, under the rules established
pursuant to section 4(a)(3) of this Act, to a particular taxing jurisdiction
that could not, except for the authority granted by this Act, require that
the seller of such goods or services collect and remit sales or use taxes on
such sale.
(4) LOCUS OF REMOTE SALE- The term `particular taxing jurisdiction',
when used with respect to the location of a remote sale means a remote sale
of goods or services attributed, under the rules established pursuant to
section 4(a)(3) of this Act, to a particular taxing jurisdiction.
END