S.Amdt. 747
What it does: Adds SEC. 7. DEDUCTION FOR COSTS OF COMPLIANCE at the end of the bill
Sen. Jeff Merkley (D-OR)What it changes
1 change to S. 743 · shown in the bill's text
Adds SEC. 7. DEDUCTION FOR COSTS OF COMPLIANCE at the end of the bill
Adds a sectionIn S. 743 · Placed on Calendar Senate
Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law.
Inserted: SEC. 7. DEDUCTION FOR COSTS OF COMPLIANCE.
Inserted: (a) In General.--Part VI of subchapter B of chapter 1 is amended by adding at the end the following new section:
Inserted: "SEC. 199A. DEDUCTION FOR COSTS OF COMPLIANCE UNDER THE MARKETPLACE FAIRNESS ACT.
Inserted: "(a) In General.--If a non-sales tax state remote seller (as defined in subsection (b)) elects the application of this section, such seller shall be allowed a deduction for the taxable year equal to 1 percent of annual gross receipts.
Inserted: "(b) Definition.--The term 'non-sales tax state remote seller' means a remote seller (as defined in section 4(6) of the Marketplace Fairness Act of 2013) that is headquartered in and has a majority of its full-time employees located in a State that does not maintain a statewide sales tax or equivalent use tax.
Inserted: "(c) Denial of Double Benefit.--In the case of a non-sales tax state remote seller that elects application of this section, no deduction shall be allowed for any expense related to the collection and remittance of sales and use taxes pursuant to the requirements of the Marketplace Fairness Act of 2013 for which a deduction is allowed to the seller under any other provision of this chapter.".
Inserted: (b) Clerical Amendments.--The table of sections for part VI of subchapter B of chapter 1 is amended by adding at the end the following new item:
Inserted: "Sec. 199A. Deduction of costs of compliance.".
Inserted: (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
Original wording
At the end, add the following:
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As printed
SA 747. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 743, to restore States' sovereign rights to enforce State and local sales and use tax laws, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. 7. DEDUCTION FOR COSTS OF COMPLIANCE.
(a) In General.--Part VI of subchapter B of chapter 1 is amended by adding at the end the following new section:
“SEC. 199A. DEDUCTION FOR COSTS OF COMPLIANCE UNDER THE MARKETPLACE FAIRNESS ACT.
“(a) In General.--If a non-sales tax state remote seller (as defined in subsection (b)) elects the application of this section, such seller shall be allowed a deduction for the taxable year equal to 1 percent of annual gross receipts.
“(b) Definition.--The term ‘non-sales tax state remote seller' means a remote seller (as defined in section 4(6) of the Marketplace Fairness Act of 2013) that is headquartered in and has a majority of its full-time employees located in a State that does not maintain a statewide sales tax or equivalent use tax.
“(c) Denial of Double Benefit.--In the case of a non-sales tax state remote seller that elects application of this section, no deduction shall be allowed for any expense related to the collection and remittance of sales and use taxes pursuant to the requirements of the Marketplace Fairness Act of 2013 for which a deduction is allowed to the seller under any other provision of this chapter.”.
(b) Clerical Amendments.--The table of sections for part VI of subchapter B of chapter 1 is amended by adding at the end the following new item:
“Sec. 199A. Deduction of costs of compliance.”.
(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
Legislative Activity
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Senate amendment submitted
April 24, 2013