Federal Public Law 86-272 Will Be 50 Years Old Next Year: What will it look like?

From the AICPA cpa2biz web site I found an article written by Annette Nellen, CPA/Esq. on the the 50th Anniversary of Federal Public Law 86-272.  The 1959 legislation was intended to be temporary.  Federal Public Law 86-272, addressing circumstances under which a multistate business may owe state income taxes, was enacted as a stopgap measure on September 14, 1959.  For the past several years, efforts to reform this law have raised issues similar to those of 1959.  When the 50th anniversary milestone is reached, will PL 86-272 be in its historic form or a new form (and what might that be)?

Ways of doing business have changed dramatically since 1959. Businesses can operate with fewer physical locations, borders are not always important and many products and services are digitized.  Congress, state governments and businesses must evaluate what nexus standards are appropriate today that also provide certainty and fairness to taxpayers and state governments.  Federal PL 86–272 focused on nexus rather than also apportionment.  Reform efforts should consider how much guidance Congress should provide under its commerce clause authority to regulate interstate commerce.  Congress must find the balance between the exercise of its authority and states' authority to define their tax systems.  As evidenced by a temporary law approaching its 50th anniversary, reform efforts will not be easy, but are clearly needed. The discussions are likely to continue right through PL 86–272's 50th anniversary.

Please visit The 50th Anniversary of Public Law 86-272  for the complete article.

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