S.Amdt. 794
What it does: Adds SEC. __. REVENUE-NEUTRALITY LIMITATION at the end of the bill
Sen. Daniel Coats (R-IN)What it changes
1 change to S. 743 · shown in the bill's text
Adds SEC. __. REVENUE-NEUTRALITY LIMITATION 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. __. REVENUE-NEUTRALITY LIMITATION.
Inserted: (a) In General.--No State shall be authorized to require sellers to collect and remit sales and use taxes with respect to remote sales sourced to that State under subsection (a) or (b) of section 2 unless such State has enacted into law a reduction in taxes by an amount not less than the net revenue collected and remitted to such State by reason of the authority granted under such subsections, as determined on an annual, biennial, or permanent basis.
Inserted: (b) Compliance.--
Inserted: (1) In general.--The Governor of each State which exercises the authority granted under this Act shall certify in writing compliance with subsection (a) no later than 18 months after the State exercises the authority granted by this Act.
Inserted: (2) No judicial review.--The compliance of a State with subsection (a) shall not be subject to judicial review.
Inserted: (c) Net Revenue.--For purposes of subsection (a), the term "net revenue" means gross revenues reduced by the amount of any costs incurred in the collection of taxes on remote sales and related administrative costs.
Original wording
At the end, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 794. Mr. COATS (for himself, Mr. Portman, and Ms. Ayotte) 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. __. REVENUE-NEUTRALITY LIMITATION.
(a) In General.--No State shall be authorized to require sellers to collect and remit sales and use taxes with respect to remote sales sourced to that State under subsection (a) or (b) of section 2 unless such State has enacted into law a reduction in taxes by an amount not less than the net revenue collected and remitted to such State by reason of the authority granted under such subsections, as determined on an annual, biennial, or permanent basis.
(b) Compliance.--
(1) In general.--The Governor of each State which exercises the authority granted under this Act shall certify in writing compliance with subsection (a) no later than 18 months after the State exercises the authority granted by this Act.
(2) No judicial review.--The compliance of a State with subsection (a) shall not be subject to judicial review.
(c) Net Revenue.--For purposes of subsection (a), the term “net revenue” means gross revenues reduced by the amount of any costs incurred in the collection of taxes on remote sales and related administrative costs.
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Senate amendment submitted
April 25, 2013