HR 427

Interstate Commerce Simplification Act of 2025

Summary

Interstate Commerce Simplification Act of 2025 This bill expands the definition of solicitation of orders to include business activities that serve an independently valuable business function apart from the solicitation of orders for purposes of the limitation on a state’s authority to impose a net income tax on an out-of-state seller. Under current law, a state is prohibited from imposing a net income tax on income derived from within the state from interstate commerce if the only business activity within the state is the solicitation of orders for the sale of tangible personal property, provided that the orders are approved (or rejected) and filled by shipment or delivery from outside of the state. Further, the Supreme Court has held that the term  solicitation of orders includes (1) activities that are strictly essential to making requests for purchases, and (2) ancillary activities that serve no independent business function apart from their connection to requests for purchases. Under the bill, the definition of solicitation of orders is expanded to include business activities that facilitate the solicitation of orders even if such business activities serve an independently valuable business function apart from the solicitation. 

Bill status

Status
In committee
Sponsor
Rep. Scott Fitzgerald [R-WI-5]
Cosponsors
3
Policy area
Taxation
Introduced
2025-01-15
Latest action
2025-01-15: Referred to the House Committee on the Judiciary.

Committee referrals

Recent actions

  • 2025-01-15: Referred to the House Committee on the Judiciary.
  • 2025-01-15: Introduced in House
  • 2025-01-15: Introduced in House