To: Thomas Barnes who wrote (336 ) 1/19/1999 7:55:00 AM From: Dr. Harvey Read Replies (1) | Respond to of 2513
The Internet Tax Freedom Bill, H.R. 4328 signed into law October 21, 1998 TITLE XI—MORATORIUM ON CERTAIN TAXES SEC. 1100. SHORT TITLE. This title may be cited as the ‘‘Internet Tax Freedom Act''. SEC. 1101. MORATORIUM. (a) MORATORIUM.—No State or political subdivision thereof shall impose any of the following taxes during the period beginning on October 1, 1998, and ending 3 years after the date of the enactment of this Act— (1) taxes on Internet access, unless such tax was gen-erally imposed and actually enforced prior to October 1, 1998; and (2) multiple or discriminatory taxes on electronic commerce. (b) PRESERVATION OF STATE AND LOCAL TAXING AUTHORITY.—Except as provided in this section, nothing in this title shall be construed to modify, impair, or super-sede, or authorize the modification, impairment, or super-seding of, any State or local law pertaining to taxation that is otherwise permissible by or under the Constitution of the United States or other Federal law and in effect on the date of enactment of this Act. (c) LIABILITIES AND PENDING CASES.—Nothing in this title affects liability for taxes accrued and enforced be-fore the date of enactment of this Act, nor does this title affect ongoing litigation relating to such taxes. (d) DEFINITION OF GENERALLY IMPOSED AND ACTU-ALLY ENFORCED.—For purposes of this section, a tax has been generally imposed and actually enforced prior to Oc-tober 1, 1998, if, before that date, the tax was authorized by statute and either— (1) a provider of Internet access services had a rea-sonable opportunity to know by virtue of a rule or other public proclamation made by the appropriate administra-tive agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or (2) a State or political subdivision thereof generally collected such tax on charges for Internet access. The aim of the Internet Tax Freedom Act is neutral tax treatment of economic activity, electronic or otherwise. Toward this end, the bill precludes state and local taxes that discriminate against or single out the Internet. Highlights of the Internet Tax Freedom Act: Tax-Free Internet Access. Prohibits state and local governments from imposing taxes on Internet access charges--the $19.95 or so that millions of Americans pay to our nation's 4,000 Internet service providers (including both "pipeline" services like Erol's and value-added online services like America Online or Compuserve). No discriminatory treatment of the Internet. Protects against the imposition of new tax liability for consumers and vendors involved in commercial transactions over the Internet. This includes the application of discriminatory tax collection requirements imposed on out-of-state businesses through strained interpretations of 'nexus.' Study and Report to Congress. Directs the Administration, in consultation with Congress, to study U.S. and international taxation of Internet commerce and to make recommendations to Congress on whether the Internet ought to be taxed and how taxes can be applied without subjecting Internet and electronic commerce to special, discriminatory, or multiple taxation. Promotes Global Free Trade on the Internet. Calls on the Administration to demand that foreign governments keep the Internet free of taxes and tariffs. The Internet Tax Freedom Act's goal is to provide much more certainty in questions relating to tax liability. This is in everyone's best interest. It's in the best interest of the rural family that wants to start a business on the Internet so that they can have access to a global marketplace. It's in the best interest of Internet users, who want to know that any products or services that they purchase using the Internet aren't subject to multiple or special taxation. And it's in the best interest of tax collectors, who want clear rules about what kinds of transactions can be taxed and who will collect the tax. Should the Internet remain tax free? Yes: 97% No: 3% Votes: 26029