[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 379 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 379
To limit the authority of a State to require remote sellers to collect
taxes and fees owed by purchasers then located in such State incident
to their purchases of goods and services from such sellers, and for
other purposes.
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IN THE HOUSE OF REPRESENTATIVES
January 9, 2019
Mr. Gibbs (for himself and Mr. Gianforte) introduced the following
bill; which was referred to the Committee on the Judiciary
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A BILL
To limit the authority of a State to require remote sellers to collect
taxes and fees owed by purchasers then located in such State incident
to their purchases of goods and services from such sellers, and for
other purposes.
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 ``Protecting Businesses from
Burdensome Compliance Cost Act of 2019''.
SEC. 2. LIMITATION ON AUTHORITY OF STATES TO REQUIRE REMOTE SELLERS TO
COLLECT TAXES AND FEES OWED BY PURCHASERS OF GOODS AND
SERVICES.
(a) Limitation.--Except as provided in subsection (b), a State may
not require a remote seller--
(1) to collect a tax or fee owed by a purchaser then
located in such State incident to the purchase of a good or
service from such seller, or
(2) to collect information incident to the purchase of a
such good or service from such seller by such purchaser,
if such seller does not have a physical presence in such State at the
time of such purchase.
(b) Exception.--Subsection (a) shall not apply with respect to the
purchase of a good or service if--
(1) such purchase occurs after the effective date of this
Act,
(2) the tax or fee described in such subsection--
(A) is imposed only on a purchaser pursuant to a
statute then in effect in the State in which the
purchaser is located at the time of such purchase, and
(B) is also payable incident to purchases
throughout such State of such good or service, and
payable at a uniform rate that does not exceed the
combined rate of the State and local taxes and fees
payable by purchasers in such State of such good or
service from sellers physically present in such State
at the time of such purchases, and
(3) such statute does not require a remote seller--
(A) to remit to more than a single location in such
State, taxes and fees owed by purchasers then located
in such State and collected by such seller, or
(B) to provide to such State any information about
such purchasers, other than--
(i) the zip code areas in which such
purchasers were located in such State at the
time of the purchases, and
(ii) the aggregate amount of such taxes or
fees collected by such seller owed by such
purchasers in a particular zip code area.
SEC. 3. PROHIBITION OF AUTHORITY OF SUBDIVISIONS OF STATES.
A subdivision of a State may not require a remote seller--
(1) to collect a tax or fee owed by a purchaser then
located in such State (or in such subdivision) incident to the
purchase of a good or service from such seller, or
(2) to collect information incident to such purchase.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Remote seller.--The term ``remote seller'' means a
person that sells a good or service and that does not have a
physical presence in the State in which purchaser is located at
the time the purchase of such good or service occurs.
(2) State.--The term ``State'' means any of the several
States, the District of Columbia, or a commonwealth, territory,
or possession of the United States.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on January 1, 2020, and shall apply with
respect to purchases that occur on and after such date.
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