Businesses seek Congressional help
to ease state tax burdens

April 8, 2008
Some the biggest companies in the United States say they’re getting a raw tax deal. But this time, it’s not the IRS they are complaining about. It’s state tax departments.

According to the In the Loop: On K Street column in today’s Washington Post, American Express, Microsoft, General Electric, J.P. Morgan Chase, Johnson & Johnson and Disney are pressing Congress to limit states’ ability to tax companies like themselves.

Coalition_interstate_commerce
These corporate giants, along with much smaller companies, are members of the Coalition to Protect Interstate Commerce. According to the Post, the organization "is blitzing lawmakers with letters and personal visits to protest the growing trend among states to tax companies whenever they do business within their borders, regardless of where the companies’ facilities are located."

The Coalition argues that companies must have a physical presence in a state in order for the state to tax them. States disagree.

Currently, reports the Post, 16 states claim the right to tax a company even if it has nothing more than a Web site on someone else’s server in the state. Eleven states say a company can be taxed if it has a listing in a local phone book. And 10 states say that merely registering to do business in their states is enough to be taxed.

"This is completely wrong," Jeffrey Levey, tax lobbyist for Coalition member Citigroup, told the Post. "States should not be able to tax a company unless it has an actual physical presence there."

Legislation on behalf of the companies has been introduced in both the Senate and the House. However, earlier legislative attempts, according to the newspaper, have failed. So have courtroom efforts. The Supreme Court has twice refused to hear such cases.

Nga
What the states say:
Plus, the National Governors Associations has its own powerful lobbying arm, which, says the column, has spent years successfully beating back corporate efforts to prevent states from taxing companies wherever they have customers, regardless of where the firms have stores.

If the states lose the ability to tax the activities of nonresident businesses, state treasuries would lose $6 billion a year.

And, say the states, the corporations’ view is not only self-serving, but outdated.

"The standard out there now is economic presence, not physical presence," according to David C. Quam, the NGA’s chief lobbyist. That, argue state officials, better reflects the realities of Internet age. What the companies want, Quam told the Post, "is to go back to the 1950s model of the United States, when businesses had had to be physically present if they were going to be taxed."

I understand, and am sympathetic to, the states’ point of view, especially in light of today’s economic concerns at all levels of government.

And I know that if a state can’t get tax money from one source, say businesses, it will get the money elsewhere, probably from its individual residents in some other form or fashion.

But such long state tax arms strike me, on a visceral if not intellectual level, as over-reaching.

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Tax Season 2026 Continues!

We made it. Tax Day 2025 is finally over. For most of us. When the filing season started on Jan. 26, millions who were expecting refunds filed immediately. Most of us got our returns to the Internal Revenue Service by April 15. But plenty of taxpayers also got extensions. They are looking at an Oct. 15 filing deadline.

Those procrastinating filers aren’t a problem. In fact, the IRS appreciates taxpayers who take time to fill out their 1040 forms correctly. It also is grateful that tax submissions are spread out a bit, especially now that the IRS is a leaner agency. Processing returns is easier when they arrive throughout the year instead of in massive bunches.

But enough about Uncle Sam’s tax collection issues. The focus now is on all y’all who filed for extensions, giving you another six months to complete your return. Since your new mid-October due date will be here before you know it, let’s get started now on meeting it.

The ol’ blog is here to help you finish up your extended Form 1040. You can start with January’s tax tips page, which has links to the rest of the year’s tips by-month collections. You also can peruse various tax categories for more tailored advice by clicking on the More Tax Posts drop-down menu at the top of this (and every) page.

And to make sure you don’t miss your new filing deadline, the count-down clock below will let you know just how much time you to file by Oct. 15. At the latest.e. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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