Title 15 — Commerce and Trade
Chapter 10B — State Taxation of Income from Interstate Commerce
§ 381. Imposition of net income tax
Statutory text
Minimum standards
No State, or political subdivision thereof, shall have power to impose, for any taxable year ending after , a net income tax on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year are either, or both, of the following:
the solicitation of orders by such person, or his representative, in such State for sales of tangible personal property, which orders are sent outside the State for approval or rejection, and, if approved, are filled by shipment or delivery from a point outside the State; and
the solicitation of orders by such person, or his representative, in such State in the name of or for the benefit of a prospective customer of such person, if orders by such customer to such person to enable such customer to fill orders resulting from such solicitation are orders described in paragraph (1).
Domestic corporations; persons domiciled in or residents of a State
The provisions of subsection (a) shall not apply to the imposition of a net income tax by any State, or political subdivision thereof, with respect to—
any corporation which is incorporated under the laws of such State; or
any individual who, under the laws of such State, is domiciled in, or a resident of, such State.
Sales or solicitation of orders for sales by independent contractors
For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State during any taxable year merely by reason of sales in such State, or the solicitation of orders for sales in such State, of tangible personal property on behalf of such person by one or more independent contractors, or by reason of the maintenance, of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making sales, or soliciting orders for sales, or tangible personal property.
Definitions
For purposes of this section—
the term “independent contractor” means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders for the sale of, tangible personal property for more than one principal and who holds himself out as such in the regular course of his business activities; and
the term “representative” does not include an independent contractor.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 86–272 title I § 101 · 73 Stat. 552
Enacted · 15 U.S.C. § 381
(Pub. L. 86–272, title I, § 101, Sept. 14, 1959, 73 Stat. 555.)
Source evidence
Code source credit
(Pub. L. 86–272, title I, § 101, Sept. 14, 1959, 73 Stat. 555.)Enacted provision · exact public law section
Sec. 101. (a) No State, or political subdivision thereof, shall have power to impose, for any taxable year ending after the date of the enactment of this Act, a net income tax on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year are either, or both, of the following: (1) the solicitation of orders by such person, or his representative, in such State for sales of tangible personal property, which orders are sent outside the State for approval or rejection, and, if approved, are filled by shipment or delivery from a point outside the State; and (2) the solicitation of orders by such person, or his representative, in such State in the name of or for the benefit of a prospective customer of such person, if orders by such customer to such person to enable such customer to fill orders resulting from such solicitation are orders described in paragraph (1). (b) The provisions of subsection (a) shall not apply to the imposition of a net income tax by any State, or political subdivision thereof, with respect to— (1) any corporation which is incorporated under the laws of such State; or (2) any individual who, under the laws of such State, is domiciled in, or a resident of, such State. (c) For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State during any tax-able year merely by reason of sales in such State, or the solicitation of orders for sales in such State, of tangible personal property on behalf of such person by one or more independent contractors, or by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making sales, or soliciting orders for sales, of tangible personal property. Definitions. (d) For purposes of this section— (1) the term “independent contractor” means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders for the sale of, tangible personal property for more than one principal and who holds himself out as such in the regular course of his business activities; and (2) the term “representative” does not include an independent contractor.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Study and Report by Congressional Committees of State Taxation From Interstate Commerce
Title II of Pub. L. 86–272, as amended by Pub. L. 87–17, , 75 Stat. 41; Pub. L. 87–435, , 76 Stat. 55; Pub. L. 88–42, , 77 Stat. 67; Pub. L. 88–286, , 78 Stat. 166, and repealed by Pub. L. 94–455, title XXI, § 2121(a), , 90 Stat. 1914, provided for a study by the Committee on the Judiciary of the House of Representatives and the Committee on Finance of the United States Senate, acting separately or jointly, or any duly authorized subcommittee thereof, of all matters pertaining to the taxation of interstate commerce by the States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, or any political or taxing subdivision of the foregoing, and for a report together with their proposals for legislation on or before .