Public Law 86-272 applies 2025

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Public Law 86-272 potentially applies to companies located outside of California whose only in-state activity is the solicitation of sale of tangible personal property to California customers. Businesses that qualify for the protections of Public Law 86-272 are exempt from state taxes that are based on your net income.
Public Law 86-272 provides corporations that sell tangible personal property with a limited safe harbor from the imposition of state income taxes.
86-272 does not protect activity that facilitates sales; it only protects ancillary activities that facilitate the request for an order. Activities that are neither solicitation of orders for sales of tangible personal property nor entirely ancillary to solicitation, and that are not de minimis, are not protected.
The Interstate Income Act of 1959, also known as Public Law 86-272, is a United States statute that allows a business to go, or send representatives, into a state to solicit orders for goods without being subject to a net income tax. It is codified at 15 U.S.C. 381384.
Commentary. This decision expressly invalidates the FTBs guidance on the application of P.L. 86-272 to certain transactions conducted over the internet. California was the first state to publicly react to the MTCs new statement on P.L. 86-272 when it released the TAM in February 2022.

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86-272) restricts a state from imposing a net income tax on income derived within its borders from interstate commerce if the only business activity of the company within the state consists of the solicitation of orders for sales of tangible personal property, which orders are to be sent outside the state for
86-272 prohibits states from imposing a net income tax on income derived from interstate commerce if the only business activity within the state is the solicitation of orders of tangible personal property (TPP).

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