2010 U.S. Code
Title 15 - COMMERCE AND TRADE
CHAPTER 10B - STATE TAXATION OF INCOME FROM INTERSTATE COMMERCE
SUBCHAPTER II - DISCRIMINATORY TAXES
Sec. 391 - Tax on or with respect to generation or transmission of electricity
View Metadata§391. Tax on or with respect to generation or transmission of electricity
No State, or political subdivision thereof, may impose or assess a tax on or with respect to the generation or transmission of electricity which discriminates against out-of-State manufacturers, producers, wholesalers, retailers, or consumers of that electricity. For purposes of this section a tax is discriminatory if it results, either directly or indirectly, in a greater tax burden on electricity which is generated and transmitted in interstate commerce than on electricity which is generated and transmitted in intrastate commerce.
(Pub. L. 86–272, title II, §201, as added Pub. L. 94–455, title XXI, §2121(a), Oct. 4, 1976, 90 Stat. 1914.)
Effective DateSection 2121(b) of Pub. L. 94–455 provided that: “The amendment made by subsection (a) [enacting this section] shall take effect beginning June 30, 1974.”
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