MultiTax Commission

An intergovernmental state tax agency whose mission is to promote uniform and consistent tax policy and administration among the states, assist taxpayers in achieving compliance with existing tax laws, and advocate for state and local sovereignty in the development of tax policy.

Foreign Commerce Clause Discrimination: Revisiting Kraft after Wayfair

In his article published earlier this year in Baylor Law Review, Michael Fatale explores the import of the U.S. Supreme Court’s decision in Kraft General Foods, Inc., v. Iowa Department of Revenue and Finance in light of the federal tax changes popularly referred to as the Tax Cuts and Jobs Act (“TCJA”). The TCJA extended the definition of federal taxable income to so-called “deemed repatriation income” and global intangible low-taxed income or “GILTI.” Some have claimed that Kraft restricts the states with respect to taxing this income. Fatale’s article posits that these readings of Kraft are incorrect, that Kraft was incorrectly decided, and that it is overdue for judicial reconsideration as Quill was in Wayfair.Click here , to access the article.

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