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To purpose of the Internet Travel Tax Fairness Act is to promote employment in the travel and tourism industry by ensuring a robust online travel industry through fair and equitable tax treatment.
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The Act creates a national standard that will govern the taxation of travel booking services.
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To deal with the challenge of over 7000 taxing jurisdictions in the U.S., this Act centralizes taxing authority over travel booking services in the 50 states.
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All travel components (hotel, air, etc.) booked by a travel intermediary will remain fully subject to all existing tax levies at the federal, state and local levels.
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Localities will continue to be able to levy and collect hotel occupancy taxes on the amount a hotel receives in rent and any other existing levies including car rental and tourist development taxes.
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Hotel occupancy taxes (or any other tax) will not be permitted to be levied by a locality on travel booking services (“facilitation fees”) regardless of whether those charges are itemized or bundled within a transaction.
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States, however, will retain the authority to levy taxes on travel booking services, which are currently not generally subject to transaction taxes.
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States will retain the authority to levy and collect general business taxes (income taxes) on travel booking companies.
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The legislation will not affect any currently pending lawsuit or administrative proceeding.
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The legislation does not impact state taxing authority because travel booking services are interstate commerce.
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Likewise, no state or locality has ever collected taxes on travel booking services and will therefore not suffer any reduction in tax revenue.
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Congress has the authority and duty to protect interstate commerce from unreasonable state and local burdens. Internet transactions are the purest form of interstate commerce.
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This legislation does not narrow or expand a taxpayer’s due process and commerce clause rights under the U.S. Constitution.
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The legislation scores at zero and will have no impact on the U.S. Treasury.