In this episode of the SALTovation podcast, we continue our conversation with Brian Hamer, who serves as counsel at the Multistate Tax Commission, about the revisions made to the Statement of Information concerning practices of Public Law 86-272. In the second part of this two-part series, Brian addresses what these revisions have on states and taxpayers.
Questions asked and answered in this Episode:
- What questions are internet retailers asking about the new revisions? How does a taxpayer know what to apply?
- What do states have to do to adopt the modernized revisions?
- Does Brian think there will come a time when Public Law 86-272 will disappear?
What You Will Discover:
- [00:24] How the updates applies to internet retailers
- [04:24] How a taxpayer know what to apply
- [08:05] Why the interest and application of Public Law 86-272 is more prevalent
- [16:13] What the states do from here
- [26:36] If there will come a time when Public Law 86-272 will go away
Quotables:
- “It’s important to note that what the MTC has attempted to do here is not to engage in some policy making activity enterprise, but rather to attempt to apply the statute from 1959 to these modern business activities.” - Brian Hamer [03:32]
- “I think this is something that we lose sight of. I think there’s perhaps traditionally been this notion that there is a physical presence requirement in the statute, but it just doesn’t exist, and as I say specifically, Congress rejected that approach.” - Brian Hamer [14:53]
- “Believe this or not that the motivation for the Statement of Information and the recent revisions of the statement is really to benefit taxpayers. That the thought was that it was important for taxpayers to understand where states are coming from, because it’s all about notice here. Taxpayers should not be taken by surprise.” - Brian Hamer [17:13]
- “If 86-272 is not the answer, what is the answer? And the answer frankly is that states need to enact a system of thresholds.” - Brian Hamer [25:52]
Relevant Links:
The Multistate Tax Commission: https://www.mtc.gov
Multistate Tax Commission with Helen Hecht: taxops.com/multistate-tax-commission-with-helen-hecht
Brian Hamber on LinkedIn: linkedin.com/in/brian-hamer-528b67b4
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