Glossary/Tax and regulatory

Public Law 86-272

Public Law 86-272 bars a state from taxing net income of a business whose only in-state activity is soliciting orders for tangible goods that are approved and shipped from outside the state.

CORAA TeamUpdated November 5, 2026

Definition

Public Law 86-272, codified at 15 U.S.C. 381, prevents a state from imposing a net income tax on income from interstate commerce when the only business activity in the state is solicitation of orders for sales of tangible personal property. The orders must be sent outside the state for approval or rejection, and, if approved, filled by shipment or delivery from outside the state. Independent contractors may solicit and maintain an in-state office without defeating protection. It covers net income taxes only, not sales tax or gross receipts taxes, and it does not cover services.

Why it matters in an audit or review

Management may take the position that no state income tax return is required in states where the company only sells goods. Auditors evaluate whether activity went beyond solicitation, such as installation or repair, and whether an uncertain tax position is needed.

Example

Illustrative: a manufacturer's sales representatives visit customers in State B and send orders to headquarters, which approves them and ships from another state. The protection can apply. If the same representatives also repair equipment on site, the activity goes beyond solicitation and the protection may be lost.

Common mistakes

  • Assuming protection applies to a company that sells services or software.
  • Treating the law as protection from sales tax.

Sources

Definitions paraphrase AICPA and FASB guidance; read the standard itself before relying on a requirement. Example figures are illustrative. This page is guidance, not professional advice. Report an error

Standards

15 U.S.C. 381ASC 740

Related terms

  • Income tax nexus
    Income tax nexus is the connection that lets a state tax a business's net income, and it can arise from physical presence or economic activity, under rules separate from the sales tax standard.
  • State apportionment
    State apportionment divides a multistate business's taxable income among the states where it has nexus, usually using a formula weighted toward sales, so the sourcing of revenue drives how much tax each state assesses.
  • Sales tax nexus
    Sales tax nexus is a connection to a state, through physical presence or economic activity, that obliges a seller to register, collect, and remit sales tax there, and unrecorded exposure is a loss contingency.

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