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H.R. 2584, Business Activity Tax Simplification Act of 2015 1 (September 14, 2015)

handle is hein.congrec/cbo2555 and id is 1 raw text is: CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
September 14, 2015
H.R. 2584
Business Activity Tax Simplification Act of 2015
As ordered reported by the House Committee on the Judiciary on June 17, 2015
SUMMARY
H.R. 2584 would prohibit state and local governments from taxing certain business
activities that are taxable under current law. Specifically, it would prohibit those
governments from taxing certain services, intangible goods, and media activities unless
businesses providing those services have a physical presence-as defined in the bill-in
the taxing jurisdiction.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
CBO estimates that enacting H.R. 2584 would have no direct effect on the federal budget.
Because enacting the bill would not affect direct spending or revenues, pay-as-you-go
procedures do not apply.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 2584 would impose an intergovernmental mandate as defined in the Unfunded
Mandates Reform Act (UMRA) by prohibiting state and local governments from taxing
certain business activities. CBO estimates that the costs-in the form of forgone
revenues-to state and local governments would be more than $2 billion in the first full
year after enactment and at least that amount in subsequent years. The cost would exceed
the threshold established in UMRA for intergovernmental mandates ($77 million in 2015,
adjusted annually for inflation).
Current law (notably, Public Law 86-272 and related Supreme Court decisions) prohibits
states from levying a tax on the net corporate income of a company whose only activity in
the state is pursuing and making sales that would be filled from outside the state (for
example, mail order sales). H.R. 2584 would expand that prohibition to other types of
business activity taxes (BATs), including additional corporate income taxes, franchise
taxes, single business taxes, capital taxes, gross receipt taxes, and business and occupation

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