has been introduced in Congress several times since 2003 (when the act was first introduced in the House of Representatives by Rep.
(xlvi) Kofi Batsa
was editor of the journal entitled The Spark during Nkrumah's period in office.
IFA continues to push for BATSA
to be included as part of comprehensive tax reform next year.
To be sure, a Supreme Court decision in Lanco, congressional enactment of BATSA
, or some other system-wide approach to the intangible holding companies problem would all be important developments for the field of state corporate income taxation.
On April 28, 2005, the Business Activity Tax Simplification Act of 2005 (BATSA
) (HR 1956) was introduced into the House of Representatives.
codifies the "physical presence" standard and eliminates confusion for state tax administrators and businesses alike.
* BUSINESS ACTIVITY TAX SIMPLIFICATION (BATSA
): Bipartisan legislation to address the aggressive nature of state tax nexus rulings by state departments of revenue was introduced during the 112th Congress as H.R.
IFA has long supported such legislation and arranged to have IFA member Corey Schroeder, vice president and CFO, Outdoor Living Brands, Inc., testify in support of BATSA
before the House Subcommittee on Courts, Commercial, and Administrative Law when it conducted a public hearing on the bill earlier this year.
Schroeder spoke of the difficulty his company faces navigating the unpredictable nature of state tax nexus decisions across multiple jurisdictions when he addressed the House Subcommittee on Courts, Commercial and Administrative Law during a hearing to discuss the Business Activity Tax Simplification Act, or BATSA
. He added that those decisions affect the nearly 825,000 franchise small businesses that collectively account for nearly 18 million jobs in the United States.
seeks to clarify the intent of existing commerce law and reaffirm the primacy of the Commerce Clause over various state laws.
addresses the serious problem of business activity tax nexus by clarifying the constitutional requirement that no state may levy an income-based tax against a business without a physical presence in its jurisdiction.
also protects activities where the business is a consumer in the state.