Congress Urged to Pass Internet Taxation Bill

WASHINGTON — A federal bill that has reached a House subcommittee would establish a clear definition of when states can levy income taxes, franchise taxes and business activity taxes on companies that have no physical presence in state, according to a new study.

H.R. 1956's general physical presence rule, being debated today at a House Judiciary Commerce and Administrative Law Subcommittee hearing, is another attempt to impose taxation for companies that sell goods and services over the Internet, including online adult products.

The study by the Tax Foundation, “Paying for 'Civilized Society' in the Global Marketplace,” supports H.R. 1956, which has heavy opposition.

"A physical presence standard for business activity taxes is simple, fair, and will reduce the burden of tax compliance for U.S. companies that sell all over the United States and the world," said Foundation staff attorney Chris Atkins, author of the study.

The alternative to physical presence is economic presence, according to which corporations must pay tax anywhere they make a sale or derive income, Atkins said. This opens firms up to the complexity of complying with dozens of state tax systems, impairing interstate commerce and economic growth.

Both the Multistate Tax Commission and the Federation of Tax Administrators have come out against H.R. 1956.

The MTC called the legislation "an unwarranted preemption of the states' authority to levy taxes on the business activities of multistate enterprises," while the FTA said, "Defining nexus in federal law would upset the tenets of federalism and the system of shared authority and responsibilities long practiced by the federal and state governments."

Meanwhile, the Kansas Department of Revenue recently decided that online retail businesses must charge customers state and local sales tax in accordance with the state's destination-based sourcing rules.

The Revenue Department’s opinion letter said that destination-based sourcing rules require Kansas retailers to collect state and local sales tax based on the buyer's Kansas ship-to address, unless the buyer takes delivery at the seller's address.

The agency, in its opinion, explained that Kansas provides taxpayers with a database that coordinates different local rates for determining sales tax. The department provided directions on how to incorporate this database into a taxpayer's billing program.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Trump Tariffs Refund Process to Launch April 20

WASHINGTON — U.S. Customs and Border Protection (CBP) will begin the process of refunding duties paid under the Trump administration’s sweeping program of tariffs by providing, starting April 20, an online tool for submitting refund claims.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a planned ban on “step” content to apply only if adult performers role-play as minors.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of "reputation risk" as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Gov. Tony Evers’ veto of the state’s age-verification legislation.

AV Bulletin: West Virginia Enacts AV Law, Ohio 'Innocence Act' Advances

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Show More