S 128 · 116th Congress 2019–2021, ended

Stop Taxing Our Potential Act of 2019

Fact sheet

Latest action · Jan 15, 2019 Read twice and referred to the Committee on Finance.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 15, 2019
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Stop Taxing Our Potential Act of 2019

This bill prohibits a state from imposing on a person obligations related to collecting or paying a sales tax, use tax, or similar tax unless the person had a physical presence in the state during the calendar quarter with respect to which the obligation is imposed.

A person is physically present if the person's business activities in the state include

  • maintaining a commercial or legal domicile in the state;
  • owning, holding, leasing, or maintaining certain property in the state;
  • having one or more employees, agents, or independent contractors in the state who provide on-site design, installation, or repair services on behalf of the remote seller;
  • having one or more employees, exclusive agents or exclusive independent contractors present in the state who engage in activities that substantially assist the person to establish or maintain a market in the state; or
  • maintaining an office in the state at which three or more employees are regularly employed.

The bill specifies certain activities and agreements that indicate a de minimis physical presence that is excluded from the definition of "physical presence."

The bill also specifies that U.S. district courts have original jurisdiction over civil actions to enforce this bill.

Cosponsors 4

Members who signed on, in the order they did. All signed on Jan 15, 2019.

SeatCosponsorSigned on
D-NHJeanne ShaheenOriginalJan 15, 2019
D-ORJeff MerkleyOriginalJan 15, 2019
D-NHMargaret Wood HassanOriginalJan 15, 2019
D-ORRon WydenOriginalJan 15, 2019

Actions 2

Everything that happened, newest first.

  1. Jan 15, 2019Introduced in Senate
  2. Jan 15, 2019Read twice and referred to the Committee on Finance.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 5515Stop Taxing Our Potential Act of 2019Identical billJan 28, 2020

Subjects

Assigned by the Library of Congress. Policy area: Taxation.

Text 1

Each version as it was printed, newest first.

  1. Jan 15, 2019Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.