State Taxation of Multistate Taxpayers Act

State Taxation of Multistate Taxpayers Act - Title I: General Provisions - Sets forth the definition of terms used in this Act.

States that no State or political subdivision thereof may: (1) impose a net income tax or a capital stock tax on any corporation unless such corporation maintains a business location therein during a substantial portion of the taxable year; (2) impose a gross receipts tax with respect to any sale of tangible personal property unless the seller of such property maintains a business location therein: (3) require any person to collect and remit a sales or use tax with respect to an interstate sale of tangible personal property under specified circumstances; or (4) require any seller without a business location therein to collect or pay a sales or use tax when such seller has obtained in writing the buyer's registration number in accordance with this Act.

States that an advance payment of a sales or use tax to a seller, as agent for a State, made by a purchaser of tangible personal property for resale shall not constitute a sales or use tax for purpose of this Act if credit for the advance payment is allowed in determining sales tax liability of the purchaser under statutory provisions in effect in any State prior to January 1, 1973. Provides that a State or political subdivision shall have power to impose a corporate net income tax or a capital stock tax, or a gross receipts tax with respect to a sale of tangible personal property or to require a seller to collect a sales or use tax with respect to an interstate sale of tangible personal property, subject to the limitations of this Act, if it is not denied the power to do so under the Constitution of the United States or any Federal statute.

Title II: Maximum Income or Capital Attributable to Taxing Jurisdiction - States that a State or a political subdivision thereof may not impose on a corporation with a business location in more than one State a net income tax (or capital stock tax) measured by an amount of net income (or capital) in excess of the amount determined by a specified formula.

Title III: Sales and Use Taxes - Permits a State or political subdivision thereof to impose a sales or use tax or require a seller to collect a sales or use tax with respect to an interstate sale of tangible personal property only if the destination of the sale is: (1) in that State, or (2) in a contiguous State or political subdivision of a contiguous State for which the tax is required to be collected under reciprocal collection agreements.

States that the amount of any use tax imposed with respect to tangible personal property shall be reduced by the amount of any sales or use tax previously incurred and paid by a person with respect to the property on account of liability to another State or political subdivision thereof.

Provides that a person who pays a use tax imposed with respect to tangible personal property shall be entitled to a refund from the State or political subdivision thereof imposing the tax, up to the amount of the tax so paid, for any sales or use tax subsequently paid with respect to the same property on account of prior liability to another State or political subdivision thereof. Sets forth limitations on credits for prior taxes.

States that nothing in this Act shall affect the power of a State or political subdivision thereof to impose or require the collection of a sales or use tax with respect to vehicles that are registered in the State. Provides that nothing in this Act shall affect the power of a State or political subdivision thereof to impose or require the collection of a sales or use tax with respect to motor fuels consumed in the State.

States that no State or political subdivision thereof may impose a sales tax, use tax, or other nonrecurring tax measured by cost or value with respect to household goods, including motor vehicles, brought into the State by a person who establishes residence in that State if the goods were acquired and used by that person 90 days or more before use of the property in the State in which he establishes such residence.

Provides where the freight charges or other charges for transporting tangible personal property from the seller or supplier directly to the purchaser incidental to an interstate sale are separately stated in writing by the seller to the purchaser, to the extent that such charges do not exceed a reasonable charge for transportation by facilities of the seller or the charge for the transportation by the carrier when the transportation is by other than the seller's facilities, no State or political subdivision may include such charges in the measure of a sales or use tax imposed with respect to the sale or use of the property.

States that a person with a business location in a State and purchasing goods in interstate commerce must obtain a registration number from that State.

Provides that no seller shall be liable for the collection or payment of a sales or use tax with respect to an interstate sale of tangible personal property if the purchaser of such property furnishes or has furnished to the seller a certificate or other written form of evidence indicating the basis for exemption, or the reason the seller is not required to pay or collect the tax.

Title IV: Jurisdiction of Federal Courts - Provides that the United States Court of Claims shall have jurisdiction to review de novo any issues relating to a dispute arising under this Act or under Public Law 86-272, as amended.

States that the determination of a dispute arising hereunder by the Court of Claims shall be binding for the taxable years involved on any State given notice or appearing as a party, notwithstanding any prior determinations of the courts or administrative bodies of that State completed after notice to that State. Provides that no statute of limitations shall bar the right of a State or a corporation to an amount of tax increased or decreased in accordance with the determination, provided action is begun within one year after the determination has become final.

Title V: Miscellaneous Provisions - States that the fact that a tax to which this Act applies is imposed by a State or political subdivision thereof in the form of a franchise, privilege, or license tax shall not prevent the imposition of the tax on a person engaged exclusively in interstate commerce within the State; but such a tax may be enforced against a person engaged exclusively in interstate commerce within the State solely as a revenue measure and not by ouster from the State or by criminal or other penalty for engaging in commerce within the State without permission from the State.

Provides that no provisions of State law shall make any person liable for a greater amount of sales or use tax with respect to tangible personal property, by virtue of the location of any occurrence in a State outside the taxing State, than the amount of the tax for which such person would otherwise be liable if such occurrence were within the State. States that no charge may be imposed by a State or political subdivision thereof to cover any part of the cost of conducting outside that State an audit for a tax to which this Act applied including a net income tax imposed on an excluded corporation.

Provides that no State or political subdivision thereof shall have the power, after the date of the enactment of this Act, to assess against any person any tax for any period ending on or before such date in or for which that person become liable for such tax if during such period the State or political subdivision would not have had the power to assess such tax had the provisions of title I of this Act been in effect during such period.

States the State in which a corporation is incorporated may impose a capital account tax on the corporation without division of capital, notwithstanding the jurisdictional standard and limitation on attribution otherwise imposed by this Act.

Sets forth the effective dates for the provisions of this Act.