S. 336Senate113th Congress (2013-2015)In Committee

Marketplace Fairness Act of 2013

Introduced February 14, 2013

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Finance.

February 14, 2013

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SenateIntro Referral

Introduced in Senate

February 14, 2013

SenateIntro Referral

Read twice and referred to the Committee on Finance.

February 14, 2013

Floor Debate

24 members

What members said about S. 336 on the floor

11 Republicans12 Democrats1 Independent
Jeff Sessions
Sen. Jeff SessionsR-AL · Mar 21, 2013

I thank the Chair and express my appreciation to Senator Murray for her leadership, her courtesy, and her skill in managing the bill through the committee and on the floor. She is an experienced…

Amy Klobuchar
Sen. Amy KlobucharD-MN · Mar 21, 2013

I wish to thank Senator Murray for her leadership on this budget. This is not an easy thing. We all know this. She actually has been working on this many years. I am very proud of this budget and the…

Patty Murray
Sen. Patty MurrayD-WA · Mar 21, 2013

Mr. President, I want to thank my ranking member, Senator Sessions. We had a good debate, and I think everyone had a chance to see the differences about the values and priorities that drive us, how…

Mark R. Warner
Sen. Mark R. WarnerD-VA · Mar 21, 2013

Mr. President, let me, first of all, thank the chairman of the committee for her great work in putting together what is this first step toward getting this issue that has plagued this body and…

Daniel Coats
Sen. Daniel CoatsR-IN · Mar 21, 2013

Mr. President, I rise today as the senior Senate Republican of the Joint Economic Committee to discuss one of the most fundamental issues this body confronts on a year-to-year basis, or at least…

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Marco Rubio
Sen. Marco RubioR-FL · Mar 21, 2013

Madam President, I thank Senator Sessions for enlightening us on this budget as he has been doing all day on the Senate floor. I want to give some perspective about what we are debating. I think…

John Thune
Sen. John ThuneR-SD · Mar 21, 2013

Mr. President, I thank the Senator from Alabama for his eloquence in laying out what is at stake in this budget debate we are having and for also pointing out, once again, that the budget before us…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Mar 21, 2013

Madam President, as the Senate continues to debate the first budget resolution in more than 4 years, I am struck not only by the things we know about the Democrats' budget but also the things we…

Tim Kaine
Sen. Tim KaineD-VA · Mar 21, 2013

Mr. President, I would be happy to address that question from my senior Senator and good friend, Mr. Warner. As he indicated-- and I think I can maybe say it a little bit more strongly than he could…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Mar 21, 2013

Madam President, if I might ask the Senator from Missouri to go ahead of me, if that is agreeable with the Senator from Washington. Madam President, I thank the Senator from Montana for his comments,…

Rob Portman
Sen. Rob PortmanR-OH · Mar 21, 2013

Madam President, I rise in support of Senator Sessions' motion to recommit on a balanced budget. I think it is important that we have a balanced plan before us, as we have talked about a lot today,…

Mazie K. Hirono
Sen. Mazie K. HironoD-HI · Mar 21, 2013

I thank the Senator and good morning, Mr. President. I wish to thank Senator Warner for leading this colloquy, and I am glad to join him and my friend Senator Kaine in talking about the effects of…

Bernard Sanders
Sen. Bernard SandersI-VT · Mar 21, 2013

Mr. President, I thank Senator Murray for yielding, and I want to thank her and her staff for the excellent work they have done. As a member of the Budget Committee, I have enjoyed working with them.…

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Roy Blunt
Sen. Roy BluntR-MO · Mar 21, 2013

Madam President, I am glad to join Senator Thune in proposing these two important amendments and also to join him on the overall point on which we ought to be focused, which is economic opportunity…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Mar 21, 2013

Mr. President, I thank the Senator from Michigan for her kind words and also her leadership. She is part of our Democratic leadership team and has been a real champion for jobs that pay a living…

Patrick J. Toomey
Sen. Patrick J. ToomeyR-PA · Mar 21, 2013

Madam President, I yield such time as I may consume from the resolution. Madam President, I wish to commend the Senator from Florida. I could not agree more with the importance of focusing on…

Ron Johnson
Sen. Ron JohnsonR-WI · Mar 21, 2013

Madam President, I was allocated 15 to 20 minutes. I will try to keep it to 15 minutes to yield at the top of the hour. Madam President, I ask that my time be used against our allocation on the…

Mike  Johanns
Sen. Mike Johanns R-NE · Mar 21, 2013

Mr. President, I thank the Senator from South Dakota for a nice introduction. I appreciate the opportunity to speak today on the budget that has been proposed by the majority party. If I might lay a…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Mar 21, 2013

Let me thank my friend from Delaware, Senator Coons. The Senator is exactly right, as he talks about balance. Senator Murray is absolutely right about the balance we have and the budget which has…

Carl Levin
Sen. Carl LevinD-MI · Mar 21, 2013

If I can ask Senator Wyden to yield, that 35 minutes will be allocated by me among a number of Senators on this side. Mr. President, first I commend Senator Murray and the Budget Committee for the…

Christopher A. Coons
Sen. Christopher A. CoonsD-DE · Mar 21, 2013

Mr. President, I ask unanimous consent to enter into a colloquy for up to 30 minutes with Senators from California, New York, Illinois, and Maryland. Mr. President, at its heart a budget is a…

Ron Wyden
Sen. Ron WydenD-OR · Mar 21, 2013

Mr. President, I thank my friend from the Northwest. We worked it out so I could talk a little bit about Medicare and taxes as well. Before Senator Enzi leaves, I just want to tell him he is someone…

Harry Reid
Sen. Harry ReidD-NV · Mar 21, 2013

Mr. President, as we just heard, the Senate has resumed consideration of the budget debate of S. Con. Res. 8, the budget resolution. We will continue debate during today's session. Senators will be…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Mar 21, 2013

Mr. President, I have similar stories to those that have been described on the Senate floor today. Indeed, a former Member of this body, who is now the Governor of our State, Governor Chafee, wrote…

Bill Text

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Introduced in SenateIssued February 14, 2013

II

113th CONGRESS

1st Session

S. 336

IN THE SENATE OF THE UNITED STATES

February 14, 2013

Mr. Enzi (for himself, Mr. Durbin, Mr. Alexander, Mr. Johnson of South Dakota, Mr. Boozman, Mr. Reed, Mr. Blunt, Mr. Whitehouse, Mr. Corker, Mr. Pryor, Mr. Rockefeller, Ms. Klobuchar, Mr. Franken, Ms. Heitkamp, Mr. Cardin, Mrs. Feinstein, Ms. Landrieu, Mr. Manchin, Mr. Levin, and Mr. Harkin) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To restore States' sovereign rights to enforce State and local sales and use tax laws, and for other purposes.

1.

Short title

This Act may be cited as the Marketplace Fairness Act of 2013.

2.

Authorization to require collection of sales and use taxes

(a)

Streamlined sales and use tax agreement

Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement, but only if the Streamlined Sales and Use Tax Agreement includes the minimum simplification requirements in subsection (b)(2). A State may exercise authority under this Act beginning 90 days after the State publishes notice of the State’s intent to exercise the authority under this Act, but no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act.

(b)

Alternative

A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized notwithstanding any other provision of law to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements the minimum simplification requirements in paragraph (2). Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State—

(1)

enacts legislation to exercise the authority granted by this Act—

(A)

specifying the tax or taxes to which such authority and the minimum simplification requirements in paragraph (2) shall apply; and

(B)

specifying the products and services otherwise subject to the tax or taxes identified by the State under subparagraph (A) to which the authority of this Act shall not apply; and

(2)

implements each of the following minimum simplification requirements:

(A)

Provide—

(i)

a single entity within the State responsible for all State and local sales and use tax administration, return processing, and audits for remote sales sourced to the State;

(ii)

a single audit of a remote seller for all State and local taxing jurisdictions within that State; and

(iii)

a single sales and use tax return to be used by remote sellers to be filed with the single entity responsible for tax administration.

A State may not require a remote seller to file sales and use tax returns any more frequently than returns are required for nonremote sellers. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use taxes other than as provided by this paragraph.
(B)

Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State pursuant to paragraph (1).

(C)

Source all interstate sales in compliance with the sourcing definition set forth in section 4(7).

(D)

Provide—

(i)

information indicating the taxability of products and services along with any product and service exemptions from sales and use tax in the State and a rates and boundary database;

(ii)

software free of charge for remote sellers that calculates sales and use taxes due on each transaction at the time the transaction is completed, that files sales and use tax returns, and that is updated to reflect rate changes as described in subparagraph (H); and

(iii)

certification procedures for persons to be approved as certified software providers.

For purposes of clause (iii), the software provided by certified software providers shall be capable of calculating and filing sales and use taxes in all States qualified under this Act.
(E)

Relieve remote sellers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of an error or omission made by a certified software provider.

(F)

Relieve certified software providers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of misleading or inaccurate information provided by a remote seller.

(G)

Relieve remote sellers and certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of incorrect information or software provided by the State.

(H)

Provide remote sellers and certified software providers with 90 days notice of a rate change by the State or any locality in the State and update the information described in subparagraph (D)(i) accordingly and relieve any remote seller or certified software provider from liability for collecting sales and use taxes at the immediately preceding effective rate during the 90-day notice period if the required notice is not provided.

(c)

Small seller exception

A State is authorized to require a remote seller to collect sales and use taxes under this Act only if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $1,000,000. For purposes of determining whether the threshold in this subsection is met—

(1)

the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated; or

(2)

persons with 1 or more ownership relationships shall also be aggregated if such relationships were designed with a principal purpose of avoiding the application of these rules.

3.

Limitations

(a)

In general

Nothing in this Act shall be construed as—

(1)

subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes;

(2)

affecting the application of such taxes; or

(3)

enlarging or reducing State authority to impose such taxes.

(b)

No effect on nexus

This Act shall not be construed to create any nexus between a person and a State or locality.

(c)

Licensing and regulatory requirements

Nothing in this Act shall be construed as permitting or prohibiting a State from—

(1)

licensing or regulating any person;

(2)

requiring any person to qualify to transact intrastate business;

(3)

subjecting any person to State or local taxes not related to the sale of goods or services; or

(4)

exercising authority over matters of interstate commerce.

(d)

No new taxes

Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act.

(e)

No effect on intrastate sales

The provisions of this Act shall apply only to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 2(a) shall comply with all intrastate provisions of the Streamlined Sales and Use Tax Agreement.

(f)

No effect on Mobile Telecommunications Sourcing Act

Nothing in this Act shall be construed as altering in any manner or preempting the Mobile Telecommunications Sourcing Act (4 U.S.C. 116–126).

4.

Definitions and special rules

In this Act:

(1)

Certified software provider

The term certified software provider means a person that—

(A)

provides software to remote sellers to facilitate State and local sales and use tax compliance pursuant to section 2(b)(2)(D); and

(B)

is certified by a State to so provide such software.

(2)

Locality; local

The terms locality and local refer to any political subdivision of a State.

(3)

Member State

The term Member State

(A)

means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act; and

(B)

does not include any associate member under the Streamlined Sales and Use Tax Agreement.

(4)

Person

The term person means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government.

(5)

Remote sale

The term remote sale means a sale into a State in which the seller would not legally be required to pay, collect, or remit State or local sales and use taxes unless provided by this Act.

(6)

Remote seller

The term remote seller means a person that makes remote sales in the State.

(7)

Sourced

For purposes of a State granted authority under section 2(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 2(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement.

(8)

State

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.

(9)

Streamlined sales and use tax agreement

The term Streamlined Sales and Use Tax Agreement means the multi-State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time.

5.

Severability

If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

6.

Preemption

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.