Zachary Atkins, a State & Local Tax partner with Pillsbury in Nashville, recently commented on newly passed legislation in Tennessee that could provide taxpayers with up to $1.6 billion in rebates for portions of three years of past payments and up to $400 million in new savings each year.

The legislation in state Senate Bill 2103 was intended to help Tennessee avoid potentially expensive litigation over the corporate franchise tax, which could have exposed some companies to taxation in multiple states. Some supporters of the bill said that exposure could violate the internal consistency test in the dormant commerce clause of the U.S. Constitution.

Atkins told Law360 that the constitutional issue had been under discussion for several years. While some opponents of the bill challenged the need for retroactive rebates, Atkins said they were “appropriate for taxpayers to be made whole” when they’ve paid taxes that may be unconstitutional.

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