On this page

The protection has conditions

The person’s only in-state activities must be the specified solicitation of orders for tangible personal property. The orders must meet the out-of-state approval/rejection and fulfilment conditions. The statute also excludes specified state-incorporated corporations and resident or domiciled individuals.

Even for goods, this is not protection from sales/use, payroll, unemployment or gross-receipts taxes, or an answer to company qualification. Its defined independent-contractor treatment is not a general worker-status ruling.

Sources: U.S. House of Representatives, Office of the Law Revision Counsel: § 381(a)–(d), complete operative section

No office does not mean no tax

A fictional foreign service brand contracts for work at U.S. customer sites but has no local office. Its assumption—no office, no tax—skips what it sells, who works where and which tax is involved.

Cleaning, consulting, training and managed IT services do not become physical-goods solicitation by analogy. But failure to establish this protection does not itself prove a particular state tax or return is due. That answer depends on the actual state, tax and activities.

Sources: U.S. House of Representatives, Office of the Law Revision Counsel: § 381(a)–(d), complete operative section

Scope

  • This explains the federal boundary only; it determines no state/local tax connection, threshold, sourcing, apportionment, taxability or return obligation.

Next step

Identify the income and tax involved before relying on a goods-solicitation rule to price a service contract.

Sources & review notes

The source records distinguish access dates from substantive review dates. Updating an explanation does not itself recheck the law.

15 USC § 381: limited protection from state net income tax

U.S. House of Representatives, Office of the Law Revision Counsel

Passage, dates and research notes

primary · § 381(a)–(d), complete operative section

sales of tangible personal property

Accessed: 2026-11-13T00:52:28.247705+00:00 · Meaning reviewed: 2026-11-12 · Next review target: 2026-12-12

Read complete section: net-income-tax protection for only specified tangible-property solicitation with out-of-state approval/fulfilment, state-incorporated/resident exceptions and defined contractor treatment. It does not create an all-tax or services exemption. Displayed text currency through Public Law 119-124 (October 15, 2026).

Detailed rule records (1)
A service business cannot borrow a blanket P.L. 86-272 exemption Depends on the facts

15 USC § 381 limits state net-income taxation only for the specified interstate tangible-property solicitation activities and conditions. It is not an all-tax or all-service safe harbour.

When to check: A service business cannot borrow a blanket P.L. 86-272 exemption. Source review: 2026-11-12.

15 USC § 381: limited protection from state net income tax
Your learning

Keep this reading in your learning library.

Open learning hub
Progress privacy

Off by default. Without remembering, changes last on this page. If enabled, only public content identifiers and self-reported progress are stored in this browser profile. Anyone using the same profile could see them. No plan inputs or contact details are included. Reset or export in learning settings.

This is a reading aid, not evidence of disclosure delivery, expertise or legal approval.