Title 15 — Commerce and TradeRelease 119-73

§382 Assessment of net income taxes

Title 15 › Chapter CHAPTER 10B— - STATE TAXATION OF INCOME FROM INTERSTATE COMMERCE › Subchapter SUBCHAPTER I— - NET INCOME TAXES › § 382

Last updated Apr 6, 2026|Official source

Summary

After September 14, 1959, a State or local government may not assess a net income tax on income earned in the State from interstate commerce for any tax year that ended on or before that date, if charging that kind of tax for years ending after that date is barred under section 381. That ban does not cancel taxes already collected on or before September 14, 1959 for those years. It also does not stop collecting taxes after that date if those taxes were already assessed on or before September 14, 1959.

Full Legal Text

Title 15, §382

Commerce and Trade — Source: USLM XML via OLRC

(a)No State, or political subdivision thereof, shall have power to assess, after September 14, 1959, any net income tax which was imposed by such State or political subdivision, as the case may be, for any taxable year ending on or before such date, on the income derived within such State by any person from interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 381 of this title.

(b)The provisions of subsection (a) shall not be construed—

(1)to invalidate the collection, on or before September 14, 1959, of any net income tax imposed for a taxable year ending on or before such date, or

(2)to prohibit the collection, after September 14, 1959, of any net income tax which was assessed on or before such date for a taxable year ending on or before such date.

Reference

Citations & Metadata

Citation

15 U.S.C. § 382

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73