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Federal Issues

Interstate Taxation/Mobile Workforce Bill 

Businesses, including small businesses and family businesses that operate interstate, are subject to a significant regulatory burden with regard to compliance with nonresident state income tax withholding laws.   Reps. Howard Coble, a Republican from North Carolina, and Hank Johnson, a Democrat from Georgia, have introduced H.R.1864, the Mobile Workforce State Income Tax Simplification Act of 2011, to address this problem.

The AICPA supports H.R. 1864 because a uniform national standard would eliminate an unnecessary burden on small business and the bill strikes a balance between interests of the states in taxing work being done within their borders and the needs of businesses to be able to operate efficiently, especially in the current economic climate.

There are 41 states that impose a personal income tax on wages and partnership income, and there are many differing tax requirements regarding the withholding for income tax of nonresidents among those 41 states.   Having a uniform national standard for state nonresident income tax withholding would significantly ameliorate the current complex system of nonresident income tax withholding laws and increase compliance.

H.R. 1864 would create a uniform national standard and limited state or local taxation of the compensation of any employee who performs duties in more than one state or locality to: (1) the state or locality of the employee's residence; and (2) the state or locality in which the employee is physically present performing duties for more than 30 days.

On May 25th, 2011, the House Judiciary Commercial and Administrative Law Subcommittee held a hearing on H.R. 1864 at which the AICPA was invited to testify and testified in support of the legislation. 

On November 17, 2011 the House Judiciary Committee held a markup on the bill.  The bill was favorably reported out of Committee and is now awaiting House floor action.  AICPA sent a letter in support of the bill to all Members of the Committee on November 15, 2011.
Resources

Copy of Legislation

A copy of the bill is available on the Library of Congress's THOMAS website, by using the advanced search function and searching for H.R. 1864 by bill number.

Issue Paper

112th Congress Issue Paper:  Background, AICPA Position, and AICPA Legislative Recommendation Regarding Workforce Mobility

AICPA Letter
November 15, 2011 AICPA letter to all Members of the House Judiciary Committee

AICPA Testimony

May 25, 2011 AICPA Written Testimony before the House Judiciary Subcommittee on Commercial and Administrative Law on H.R. 1864, the "Mobile Workforce State Income Tax Simplification Act of 2011"

November 1, 2007 AICPA Written Testimony before the House Judiciary Subcommittee on Commercial and Administrative Law on H.R.3359, The “Mobile Workforce State Income Tax Fairness and Simplification Act of 2007”

Outside Media Coverage

March 22, 2010 New York Times Economix Blog Article, Taxes, Taxes Everywhere

Staff Contacts

Brady King
Director, Congressional Affairs
202.434.9263
bking@aicpa.org  

Edward Karl
Director, Taxation
202.434.9228
ekarl@aicpa.org

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Tax Legislation and Policy - Recent Issues

Article :  The Congressional and Political Affairs Team often assists the Tax Team with tax legislation and policy issues, and advocates about them to Members of Congress and other key policymakers on behalf of the profession.  Below are several significant current
Published on May 15, 2012

Tax Strategy Patents

Article :  On September 16, 2011, President Obama signed the America Invents Act, which contains a provision that eliminates the patenting of new tax strategy patents. The AICPA strongly supported this legislation and worked towards i
Published on May 15, 2012

Federal Legislative and Regulatory Issues

Federal Law :  This page highlights the advocacy issues in which the Congressional & Political Affairs Team is advocating on behalf of the profession, and also those issues that the team has recently followed.
Published on May 15, 2012

Tax Legislation and Policy

Article :  The Congressional and Political Affairs Team often assists the Tax Team with tax legislation and policy issues, and advocates about them to Members of Congress and other key policymakers on behalf of the profession.
Published on May 15, 2012

XBRL

Article :  Extensible Business Reporting Language (XBRL) used in financial and other reporting allows for easier access to more transparent information.  AICPA supports legislative proposals to utilize XBRL by companies, Federal agencies and recipients of Federal funds.
Published on May 14, 2012

Registration and Inspection of the Auditors of Broker-Dealers

Article :  The Dodd-Frank Act provides authority to the Public Company Oversight Board to expand, by rule, its oversight and inspections to all auditors of broker-dealers or to a targeted subset of its choosing. The AICPA continues to advocate for a clear policy rationale to any changes in PCAOB regulation.
Published on May 14, 2012

Financial Literacy and Education

Article :  The Congressional and Political Affairs team regularly works with lawmakers and federal officials to promote financial literacy through all stages of life.  In particular, the team supports legislative and executive branch efforts, such as those thr
Published on May 14, 2012

Extraterritorial Private Rights of Action, also known as F-Cubed Litigation

Article :  The accounting profession believes private litigants may utilize U.S. securities laws within the territorial jurisdiction of the U.S. and that the United States Supreme Court decision in Morrison v. National Australia Bank, Ltd. is the correct reading of the Securities Exchange Act of 1934.
Published on May 14, 2012

AICPA Advocacy

Overview :  The AICPA monitors and advocates on legislative and other matters that affect the accounting profession. Working with state CPA societies and other professional organizations, the AICPA provides information to and educates federal, state and local policymakers regarding key issues.
Published on April 05, 2012

Section 404(b) of Sarbanes-Oxley Act of 2002

Article :  The Sarbanes Oxley Act requires that the management of public companies assess the effectiveness of the internal control of issuers for financial reporting.  Section 404(b) requires a publicly-held company’s auditor to attest to, and report on, management’s assessment of its internal controls. AICPA believes that all investors in public companies
Published on April 05, 2012

Letter to Senate regarding accounting and auditing standards for public companies

Legislative Letters :  Letter to Senate regarding accounting and auditing standards for public companies, March 19, 2012.
Published on April 03, 2012

Letter from SEC Chairman Mary Schapiro to Senators Tim Johnson and Richard Shelby regarding the JOBS Act

Legislative Letters :  March 13, 2012 Letter from SEC Chairman Mary Schapiro to Senators Tim Johnson and Richard Shelby regarding the JOBS Act.
Published on April 03, 2012

March 22, 2012 CAQ-CII Letter to Senate re JOBS Act

Legislative Letters :  March 22, 2012 CAQ-CII Letter to Senate re JOBS Act
Published on April 03, 2012

FASB Independence and Fair Value Accounting

Article :  The AICPA strongly and unequivocally supports independence of the U.S. and international accounting standard setting bodies, the Financial Accounting Standards Board (FASB) in Norwalk, Connecticut, and the International Accounting Standards Board (IASB) in London.
Published on January 26, 2012

Whistleblower Rules under Dodd Frank Act

Article :  Dodd-Frank Act Sections 922 and 748 require the Securities and Exchange Commission and Commodities Futures Trading Commission to implement rules to pay cash awards of up to 30% in settlements over $1 million to whistleblowers who voluntarily provide original information about violations of the Securities laws and Commodity Exchange Act,
Published on January 23, 2012

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