[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1567 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1567

 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

                            October 18, 2001

   Mr. Enzi (for himself, Mr. Dorgan, Mrs. Hutchison, Mr. Kerry, Mr. 
 Thomas, Mr. Graham, Mr. Voinovich, and Mr. Hutchinson) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.

    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.

    Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 
note) is amended to read as follows:
    ``(a) Moratorium.--No State or political subdivision thereof shall 
impose--
            ``(1) any taxes on Internet access during the period 
        beginning after September 30, 1998, unless such a tax was 
        generally imposed and actually enforced prior to October 1, 
        1998; and
            ``(2) multiple or discriminatory taxes on electronic 
        commerce during the period beginning on October 1, 1998, and 
        ending on December 31, 2005.''.

SEC. 4. INTERNET TAX FREEDOM ACT DEFINITIONS.

    (a) Internet Access Services.--Section 1104 of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by adding at the end the 
following new paragraph:
            ``(11) Internet access services.--The term `Internet access 
        services' means services that combine computer processing, 
        information storage, protocol conversion, and routing with 
        transmission to enable users to access Internet content and 
        services. Such term does not include receipt of such content or 
        services.''.
    (b) Internet Access.--Section 1104(5) of the Internet Tax Freedom 
Act (47 U.S.C. 151 note) is amended by striking ``telecommunications 
services.' and inserting ``telecommunications services generally, but 
does include wireless web access services used to enable users to 
access content, information, electronic mail, or other services offered 
over the Internet, including any comparable package of services offered 
to users.''.
    (c) Telecommunications Services.--Section 1104(9) of the Internet 
Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``and 
includes communications services (as defined in section 4251 of the 
Internal Revenue Code of 1986)''.
    (d) Wireless Web Access Services.--Section 1104 of the Internet Tax 
Freedom Act (47 U.S.C. 151 note), as amended by subsection (a), is 
amended by adding at the end the following new paragraph:
            ``(12) Wireless web access services.--The term `wireless 
        web access services' means commercial mobile services (as 
        defined in section 332(d)(1) of Communications Act of 1934 (47 
        U.S.C. 332(d)(1)), multi-channel, multi-point 
distribution services, or any wireless telecommunications services used 
to access the Internet.''.

SEC. 5. STREAMLINED SALES AND USE TAX SYSTEM.

    (a) Development of Streamlined System.--It is the sense of Congress 
that States and localities should work together 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 reporting, 
        submission, and payment system for sellers.
            (2) Uniform definitions for goods or services, the sale of 
        which 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 treatment of purchasers exempt from sales 
                and use taxes; and
                    (B) relief 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) A uniform format for tax returns and remittance forms.
            (7) Consistent electronic filing and remittance methods.
            (8) State administration of all State and local sales and 
        use taxes.
            (9) 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; except that if the 
        seller does not comply with the procedures to elect a single 
        audit, any State can conduct an audit using those procedures.
            (10) Reasonable compensation for tax collection by sellers.
            (11) Exemption from use tax collection requirements for 
        remote sellers falling below a de minimis threshold of 
        $5,000,000 in gross annual sales.
            (12) Appropriate protections for consumer privacy.
            (13) Such other features that the States deem warranted to 
        promote simplicity, uniformity, neutrality, efficiency, and 
        fairness.
    (b) Study.--It is the sense of Congress that a joint, comprehensive 
study should be commissioned by State and local governments and the 
business community to determine the cost to all sellers of collecting 
and remitting State and local sales and use taxes on sales made by 
sellers under the law as in effect on the date of enactment of this Act 
and under the system described in subsection (a) to assist in 
determining what constitutes reasonable compensation.

SEC. 6. INTERSTATE SALES AND USE TAX COMPACT.

    (a) Authorization.--In general, the States are authorized to enter 
into an Interstate Sales and Use Tax Compact. The Compact shall 
describe a uniform, streamlined sales and use tax system consistent 
with section 5(a), and shall provide that States joining the Compact 
must adopt that system.
    (b) Expiration.--The authorization in subsection (a) shall expire 
if the Compact has not been formed before January 1, 2005.
    (c) Congressional Approval of Compact.--
            (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.--
                    (A) In general.--If a joint resolution described in 
                subparagraph (B) is enacted into law within 120 
                calendar days, excluding congressional recess period 
                days, of Congress receiving the Compact under paragraph 
                (1), then sections 7 and 8 shall apply to the adopting 
                States, and any other State that subsequently adopts 
                the Compact.
                    (B) Joint resolution.--A joint resolution described 
                in this subparagraph is a joint resolution of the two 
                Houses of Congress, the matter after the resolving 
                clause of which is as follows: ``That Congress--
            ``(1) agrees that the uniform, streamlined sales and use 
        tax system described in the Compact transmitted to Congress by 
        the States pursuant to section 6(c)(1) of the Internet Tax 
        Moratorium and Equity Act does not create an undue burden on 
        interstate commerce; and
            ``(2) authorizes any State that adopts such Compact to 
        require remote sellers to collect and remit sales and use taxes 
        in accordance with such system .''
                    (C) Expedited procedure for approval.--
                            (i) Rules of house and senate.--This 
                        paragraph is enacted--
                                    (I) as an exercise of the 
                                rulemaking power of the House of 
                                Representatives and the Senate, 
                                respectively, and as such is deemed a 
                                part of the rules of each House, 
respectively, but applicable only with respect to the procedure to be 
followed in that House in the case of the joint resolution described in 
subparagraph (B), and they supersede other rules only to the extent 
that they are inconsistent therewith, and
                                    (II) with full recognition of the 
                                constitutional right of either House to 
                                change the rules (so far as they relate 
                                to the procedure of that House) at any 
                                time, in the same manner and to the 
                                same extent as in the case of any other 
                                rule of that House.
                            (ii) Applicable procedural provisions.--
                        Except as otherwise provided in this paragraph, 
                        the procedures set forth in section 152 (other 
                        than subsection (a) thereof) of the Trade Act 
                        of 1974 (19 U.S.C. 2192) shall apply to the 
                        joint resolution described in subparagraph (B) 
                        by substituting the ``Committee on the 
                        Judiciary'' for the ``Committee on Ways and 
                        Means'' and the ``Committee on Commerce, 
                        Science, and Transportation'' for the 
                        ``Committee on Finance'' in subsection (b) 
                        thereof.
                            (iii) Introduction of joint resolution 
                        after compact received.--Until Congress 
                        receives the Compact described in paragraph 
                        (1), it shall not be in order in either House 
                        to introduce the joint resolution described in 
                        subparagraph (B).
                            (iv) Consideration of joint resolution.--No 
                        amendment to the joint resolution described in 
                        subparagraph (B) shall be in order in either 
                        the House of Representatives or the Senate, and 
                        no motion to suspend the application of this 
                        clause shall be in order in either House. 
                        Within 120 calendar days, excluding 
                        congressional recess period days, after the 
                        date on which a joint resolution described in 
                        subparagraph (B) is introduced in either House, 
                        that House shall proceed to a final vote on the 
                        joint resolution without intervening action. If 
                        either House approves the resolution, it shall 
                        be placed on the calendar in the other House, 
                        which shall proceed immediately to a final vote 
                        on the joint resolution without intervening 
                        action.

SEC. 7. AUTHORIZATION TO SIMPLIFY STATE USE-TAX RATES THROUGH 
              AVERAGING.

    (a) In General.--Subject to the exception in subsection (c), a 
State that adopts the Compact authorized and approved under section 6 
and 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 the State 
and its local jurisdictions during the 12-month period ending on June 
30 prior to such calendar year.
    (c) Annual Option To Collect Actual Tax.--Notwithstanding 
subsection (a), a remote seller may elect annually to collect the 
actual applicable State and local use taxes on each sale made in the 
State.
    (d) Alternative System.--A State that adopts the uniform, 
streamlined sales and use tax system described in the Compact 
authorized and approved under section 6 so that remote sellers can use 
information provided by the State to identify the single applicable 
rate for each sale, may require a remote seller to collect the actual 
applicable State and local sales or use tax due on each sale made in 
the State if the State provides such seller relief from liability to 
the State for relying on such information provided by the State.

SEC. 8. AUTHORIZATION TO REQUIRE COLLECTION OF USE TAXES.

    (a) Grant of Authority.--
            (1) States that adopt the system may require collection.--
        Any State that has adopted the system described in the Compact 
        authorized and approved under section 6 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.
            (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. 9. NEXUS FOR STATE BUSINESS ACTIVITY TAXES.

    It is the sense of Congress that before the conclusion of the 107th 
Congress, legislation should be enacted to determine the appropriate 
factors to be considered in establishing whether nexus exists for State 
business activity tax purposes.

SEC. 10. 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. 11. DEFINITIONS.

    In this Act:
            (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 5(a)(3), 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 
        5(a)(3), to a particular taxing jurisdiction.
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