119-hr1494

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1494 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1494

To amend the Internal Revenue Code of 1986 to treat certain marketplace 
 providers as importers for purposes of the excise tax on sporting 
 goods.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 21, 2025

 Mr. Panetta (for himself, Mr. Moore of Utah, Mr. Carter of Louisiana, 
 Mr. Thompson of California, Mr. Pfluger, Mr. Murphy, Mr. Wittman, Mr. 
Carey, Mr. Ezell, Mrs. Dingell, Mr. Gooden, Mr. Williams of Texas, Mr. 
 Buchanan, and Mr. Veasey) introduced the following bill; which was 
 referred to the Committee on Ways and Means

_______________________________________________________________________

 A BILL

To amend the Internal Revenue Code of 1986 to treat certain marketplace 
 providers as importers for purposes of the excise tax on sporting 
 goods.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Sporting Goods Excise Tax 
Modernization Act''.

SEC. 2. CERTAIN MARKETPLACE PROVIDERS TREATED AS IMPORTERS FOR PURPOSES 
 OF THE EXCISE TAX ON SPORTING GOODS.

    (a) In General.--

Section 4162 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
 ``
            (c) Certain Marketplace Providers Treated as Importers.--
 ``

    (1) In general.--In the case of any specified marketplace 
 sale of a taxable sporting good article, the marketplace 
 provider with respect to such sale shall be treated for 
 purposes of 

section 4161 as the importer and seller of such 
 article.
 ``

    (2) Specified marketplace sale.--For purposes of this 
 subsection, the term `specified marketplace sale' means, with 
 respect to any article, any sale if--
 ``
        (A) a marketplace provider provides the services 
 described in subparagraphs
        (A) and
        (B) of paragraph

    (3) with respect to such sale,
 ``
        (B) such article is transported to the United 
 States from outside the United States in connection 
 with (including in anticipation of) a sale of such 
 article, and
 ``
            (C) the manufacturer of such article is not the 
 marketplace provider referred to in subparagraph
        (A) .
 ``

    (3) Marketplace provider.--For purposes of this 
 subsection, the term `marketplace provider' means any person in 
 the trade or business of--
 ``
        (A) hosting or facilitating listings, or 
 advertisements, of products for sale, and
 ``
        (B) collecting gross receipts from the purchaser 
 and transmitting any portion of such receipts to the 
 seller.
 ``

    (4) Treatment of related persons.--For purposes of this 
 subsection, related persons (within the meaning of subsection

    (b)

    (3) ) shall be treated as one person for purposes of applying 
 paragraphs

    (2) and

    (3) .
 ``

    (5) Taxable sporting good article.--For purposes of this 
 subsection, the term `taxable sporting good article' means any 
 article of a type subject to tax under 

section 4161.
 ``

    (6) Exception if tax would otherwise be imposed on person 
 other than purchaser.--Paragraph

    (1) shall not apply with 
 respect to any sale if tax under 

section 4161 would (without 
 regard to paragraph

    (1) ) be imposed on a person other than the 
 purchaser with respect to such sale.
 ``

    (7) Regulations.--The Secretary shall issue such 
 regulations or other guidance as may be necessary or 
 appropriate to carry out the purposes of this subsection, 
 including regulations or other guidance specifying, in the case 
 of the application of paragraph

    (4) , the taxpayer treated as 
 the marketplace provider for purposes of paragraph

    (1) .''.

    (b) Effective Date.--The amendment made by this section shall apply 
to sales during calendar quarters beginning after the date that is 60 
days after the date of the enactment of this Act.
            (c) No Inference.--

Section 4162
            (c) of the Internal Revenue Code of 
1986 shall not be applied or interpreted as creating any inference with 
respect to whether any person not treated as an importer under such 
section is nonetheless properly treated an importer for purposes of 

section 4161.
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