The House Judiciary Committee unanimously passed an amendment to the
Internet Tax Freedom Act (ITFA) Amendments Act of 2007, which extends the ban
on internet access taxes by a further four years.
Committee Chairman John Conyers (D-MI), who introduced the bill, said the amendment
would extend the moratorium on state and local taxes on Internet access until
November 1, 2011, thus allowing Congress to make any adjustments to the moratorium
if necessary. He also claimed that the bill is "pro-consumer, pro-innovation,
and pro-technology" while doing minimum harm to state and local government
budgets.
"This bipartisan legislation proves that when working together, we can
come to a good result on a complex issue. This is a strong bill that is supported
by industry groups like the Don’t Tax Our Web coalition; various government
organizations, like the National Governors Association, the Federal Tax Administration,
and the National Conference of State Legislatures; and by a wide range of labor
and union groups," Conyers remarked.
The bill also extends for four years the grandfather provisions which have
preserved those taxes that were imposed prior to 1998, when the ban was first
introduced, but phases out certain states that claim to be grandfathered as
a result of the Internet Tax Nondiscrimination Act of 2004. Conyers added that
the bill allows those states that have issued public rulings before July 1,
2007 that are inconsistent with the foregoing rules to be held harmless until
November 1, 2007.
Conyers also said that the bill resolves a dilemma that has evolved concerning
the treatment of gross receipts taxes in certain states. A small group of states
have recently enacted taxes that apply to almost all large businesses in the
state – including internet access providers. The new gross receipts taxes
in these states serve as general business taxes and either substitute for or
supplement the corporate income tax currently in place in those states, whereas
in all other states, corporate income taxes serve as the general business tax.
The result is that an internet access provider could potentially decide not
to pay the tax on its receipts attributable to providing internet access service
in those select states. The bill attempts to address this problem by creating
an exemption for states that have enacted laws that would structure their gross
receipts taxes in such a way as to be a substitute for state corporate income
taxes that are not taxes on internet access.
In addition, the bill clarifies the definition of "internet access"
to mean a service that enables a user to connect to the internet.
"Overall, this is a good, strong, and necessary bill that will provide
much needed clarity to the communications and internet industries, while addressing
the needs of the states and local governments, all while helping to keep internet
access affordable," Conyers remarked during Wednesday's committee session.
The ban on internet access taxes was first enacted in 1998 but, since then,
Congress has had to renew the temporary moratorium twice, first in 2001, and
again in 2004. Republican Senator John McCain is currently sponsoring legislation
that would extend the moratorium on a permanent basis.