Title 4, Flag and Seal; Seat of Government; StatesRelease 119-110

§120 Procedure If No Electronic Database Provided

Title 4 › CHAPTER 4 — THE STATES › § 120

Last updated Sep 22, 2026|Official source

Summary

Home service providers are protected from paying taxes, fees, or penalties in a State when no electronic address-to-jurisdiction database is provided by the State or its chosen provider, as long as they use an enhanced ZIP code to pick a specific taxing area (like city, county, state) for every address at each tax level and try hard to make sure the address is put into the right taxing area. If an enhanced ZIP code crosses the same level of tax boundaries, the provider must pick one specific area to use for that ZIP code. A change made under section 121 counts as following these rules. It is assumed a provider tried hard enough unless proven otherwise if they can show they spent reasonable resources to build and keep a detailed address database, set up controls to quickly fix wrong assignments, and used all available data about annexations, incorporations, reorganizations, or other boundary changes that matter. These protections last until the later of: 18 months after the nationwide numeric code in section 119(a) is approved by the Federation of Tax Administrators and the Multistate Tax Commission, or 6 months after the State or its designated provider gives the required database.

Full Legal Text

Title 4, §120

Flag and Seal; Seat of Government; States, Source: USLM XML via OLRC

(a)Safe Harbor.— (b) Termination of Safe Harbor.—
If neither a State nor designated database provider provides an electronic database under section 119, a home service provider shall be held harmless from any tax, charge, or fee liability in such State that otherwise would be due solely as a result of an assignment of a street address to an incorrect taxing jurisdiction if, subject to section 121, the home service provider employs an enhanced zip code to assign each street address to a specific taxing jurisdiction for each level of taxing jurisdiction and exercises due diligence at each level of taxing jurisdiction to ensure that each such street address is assigned to the correct taxing jurisdiction. If an enhanced zip code overlaps boundaries of taxing jurisdictions of the same level, the home service provider must designate one specific jurisdiction within such enhanced zip code for use in taxing the activity for such enhanced zip code for each level of taxing jurisdiction. Any enhanced zip code assignment changed in accordance with section 121 is deemed to be in compliance with this section. For purposes of this section, there is a rebuttable presumption that a home service provider has exercised due diligence if such home service provider demonstrates that it has—
(1)expended reasonable resources to implement and maintain an appropriately detailed electronic database of street address assignments to taxing jurisdictions;
(2)implemented and maintained reasonable internal controls to promptly correct misassignments of street addresses to taxing jurisdictions; and
(3)used all reasonably obtainable and usable data pertaining to municipal annexations, incorporations, reorganizations and any other changes in jurisdictional boundaries that materially affect the accuracy of such database.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Application of Amendment Section effective
July 28, 2000, and applicable only to customer bills issued after the first day of the first month beginning more than 2 years after
July 28, 2000, see section 3 of Pub. L. 106–252, set out as a note under section 116 of this title.

Reference

Citations & Metadata

Citation

4 U.S.C. § 120

Title 4, Flag and Seal; Seat of Government; States

Last Updated

Sep 22, 2026

Release point: 119-110