Remote Transactions Parity Act of 2017
This bill authorizes each member state under the Streamlined Sales and Use Tax Agreement (the multistate agreement for the administration and collection of sales and use taxes adopted on November 12, 2002) to require all remote sellers not qualifying for a small remote seller exception to collect and remit sales and use taxes with respect to remote sales under provisions of the agreement, but only if such agreement includes minimum simplification requirements relating to the administration of the tax, audits, and streamlined filing.
States that have not adopted the agreement must adopt and implement minimum simplification requirements for the administration of sales and use taxes in order to require the collection of such taxes.
Under the remote seller exception, a state may only require the collection of sales and use taxes by a remote seller if the seller: (1) has gross annual receipts exceeding specified amounts, which are phased in from $10 million for the first year following the effective date, to $5 million for the second year, and $1 million for the third year; or (2) utilizes an electronic marketplace for the purpose of making products or services available for sale to the public.
The bill defines "remote sale" as a sale that originates in one state and is sourced to another state in which the seller would not legally be required to pay, collect, or remit state or local sales and use taxes without the authority provided by this bill.
The bill also prohibits states from beginning to exercise the authority granted by this bill for a specified period after enactment.