House Resolution 164

PAG LIN

  1  1                HOUSE RESOLUTION NO.    
  1  2                  BY  J. K. VAN FOSSEN
  1  3 A Resolution requesting the United States Congress to
  1  4    expand the physical presence standard for the
  1  5    imposition of state and local business activity
  1  6    taxes.
  1  7    WHEREAS, the United States Supreme Court, in Quill
  1  8 Corp. v. North Dakota, 504 U. S. 298 (1992), held that
  1  9 remote sellers lacking a physical presence may not be
  1 10 required to act as tax collection agents of the state;
  1 11 and
  1 12    WHEREAS, direct state and local taxes on
  1 13 businesses, also known as "business activity taxes",
  1 14 such as income, franchise, net worth, business
  1 15 license, business and occupation, single business,
  1 16 capital stock, and like taxes, impose an even greater
  1 17 burden on businesses engaged in interstate commerce
  1 18 than an obligation to collect a tax from consumers;
  1 19 and
  1 20    WHEREAS, the physical presence standard promotes
  1 21 fairness by ensuring that businesses that receive
  1 22 benefits and protections provided by state and local
  1 23 governments pay their fair share for these services;
  1 24 and
  1 25    WHEREAS, the ability of state and local
  1 26 jurisdictions to tax out=of=state businesses should be
  1 27 limited to those situations in which the business has
  1 28 employees or property in the taxing jurisdiction and
  1 29 accordingly receives meaningful governmental benefits
  1 30 or protections from the jurisdiction; and
  2  1    WHEREAS, the physical presence standard results in
  2  2 the proper attribution of business profits to taxing
  2  3 jurisdictions where a business is located and thus
  2  4 does not result in tax avoidance; and
  2  5    WHEREAS, a business activity tax filing requirement
  2  6 based on a standard other than physical presence
  2  7 results in increased filing requirements and thus
  2  8 increased compliance costs; and
  2  9    WHEREAS, businesses currently rely on a physical
  2 10 presence standard for complying with state and local
  2 11 business activity tax obligations, and this standard
  2 12 is applied currently by most state courts; and
  2 13    WHEREAS, any congressional authorization for states
  2 14 to impose a sales and use tax collection obligation
  2 15 would further put businesses at risk of the unfair
  2 16 application of business activity taxes by
  2 17 jurisdictions in which the businesses lack a physical
  2 18 presence; and
  2 19    WHEREAS, the imposition of a standard other than
  2 20 physical presence for business activity taxes would
  2 21 expose United States companies lacking a physical
  2 22 presence overseas to similarly expansive and unfair
  2 23 taxation by foreign countries and their provinces; and
  2 24    WHEREAS, businesses operating in interstate
  2 25 commerce should not be compelled to pay taxes in state
  2 26 and local jurisdictions solely as a result of the
  2 27 business having customers located in the taxing
  2 28 jurisdiction; and
  2 29    WHEREAS, the United States economy has become more
  2 30 global since Congress first enacted Pub. L. No. 86=272
  3  1 and has shifted toward the provision of more
  3  2 interstate services and intangibles, and providers of
  3  3 services and intangibles are competitively
  3  4 disadvantaged relative to businesses that only sell
  3  5 tangible personal property; and
  3  6    WHEREAS, the enactment of new business activity
  3  7 taxes other than income taxes threatens to circumvent
  3  8 the intent of Congress in enacting Pub. L. No. 86=272;
  3  9 NOW THEREFORE,
  3 10    BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
  3 11 That the State of Iowa urges Congress to enact
  3 12 legislation recognizing a physical presence standard
  3 13 for the imposition of state and local business
  3 14 activity taxes, defining de minimis standards for
  3 15 measuring physical presence and setting reasonable
  3 16 limits on the attribution of nexus, and updating Pub.
  3 17 L. No. 86=272 to extend the current protections
  3 18 available for the solicitation for sales of goods to
  3 19 the solicitation for sales of services and intangibles
  3 20 and to apply these protections to all business
  3 21 activity taxes; and
  3 22    BE IT FURTHER RESOLVED, That the State of Iowa
  3 23 recognizes that any congressional approval of "sales
  3 24 tax streamlining" without the simultaneous enactment
  3 25 of these business activity tax measures would have a
  3 26 harmful effect on American businesses and the economy;
  3 27 and
  3 28    BE IT FURTHER RESOLVED, That the Chief Clerk of the
  3 29 House of Representatives shall forward a copy of this
  3 30 Resolution to the Congress of the United States.
  4  1 LSB 7081HH 80
  4  2 mg/cf/24