On June 12, 2017, Congressman Jim Sensenbrenner (R-WI) reintroduced into Congress H.R. 2887, also known as the âNo Regulation Without Representation Act of 2017â (the âLegislationâ), which codifies the physical presence nexus requirement established by the U.S. Supreme Court in Quill v. North Dakota, 504 U.S. 298 (1992) (âQuillâ). The Legislation is interesting for several reasons: (1) it proposes to employ a result that is the exact opposite of the recent trend to overturn Quill; (2) it defines âtaxâ broadly to include net income and business activity taxes; and (3) it expands the law to require a physical presence for states to regulate a personâs activity in interstate commerce outside of the tax context.
The U.S. House of Representatives passed H.R. 2315, the Mobile Workforce State Income Tax Simplification Act of 2015 (âMobile Workforce Actâ or âActâ), on September 21, 2016. The Senate received the House-approved bill on September 22, 2016, and its ultimate fate remains unclear.Â