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NEWS & TIPS
The Sales Tax Institute reviews numerous sales tax publications to monitor state activity on various topics related to sales and use tax. By checking updates routinely, you may be alerted to an impending tax law change critical to your business.
Browse recent and archived news items by searching relevant categories, states or descriptions at right
The information listed here is high-level summary and background material intended to help you stay current in the dynamic area of sales and use tax. Sources include CCH State Tax Day, Sales and Use Tax Alert, Sales Tax Notes, Vertex, Inc. Reference Manuals, Westlaw, and other miscellaneous state tax newsletters and Department of Revenue notices.
Please note that these summaries omit many details and special rules, and cannot be regarded as legal or tax advice. For more information, be sure to contact your tax advisor.
HOT NEWS UPDATES:
Massachusetts Gov. Charlie Baker has signed the Massachusetts fiscal year 2016 budget, which authorizes a tax amnesty program to be established for a period of 60 days as determined by the Commissioner of Revenue. The scope of the program, including the tax types and periods covered as well as the look-back period for unfiled returns (for a period not to exceed three years) will be determined by the Commissioner. It is unclear from the legislation how the 3 year lookback will apply. Under the amnesty program, penalties will be waived for qualifying taxpayers who have failed to timely file any proper return for any tax types and for any tax periods, timely pay any tax liability, or pay the proper amount of any required estimated payment toward a tax liability. Penalties will be waived without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect. The amnesty program will not apply to penalties for underpayment of tax or inconsistent reporting of taxable income, with regard to returns filed pursuant to the amnesty. The waiver of penalties will not apply to any period for which the taxpayer does not file such proper returns.
Participating taxpayers must voluntarily file proper returns and pay the full amount of tax on the returns, or the amount due upon the Commissioner’s assessments, plus all interest due. All required payments must be made by June 30, 2016. The amnesty will not apply to a tax liability of any tax type for a period commencing on or after January 1, 2014. The amnesty will not apply to taxpayers who have been the subject of a tax-related criminal investigation or prosecution or to taxpayers who have delivered or disclosed any false or fraudulent application, document, return, or other statement. The Commissioner is also required to establish administrative procedures and methods to prevent any taxpayer who participates in the amnesty program from utilizing any future tax amnesty programs for the next consecutive 10 years, beginning in calendar year 2015. (Press Release, Office of Gov. Charlie Baker, July 17, 2015)
Indiana Governor Mike Pence has signed the State Biennial Budget Bill, which requires the Indiana Department of Revenue to establish a tax amnesty program for taxpayers having an unpaid tax liability for a listed tax that was due and payable for a tax period ending before January 1, 2013. The amnesty program will take place from September 15 through November 16, 2015 and will apply to all tax types managed by the Department. Penalties, interest and collection fees on unpaid tax liabilities will be waived for qualified participants in the amnesty program. The Department will not seek civil or criminal prosecution and shall not issue or will withdraw an assessment or notice previously issued. The Department will release tax liens that have been imposed on existing liabilities. Any additional taxes due under the amnesty must be paid or a payment plan entered into before the conclusion of the amnesty program. Any taxpayer who participated in any prior amnesty is barred from the 2015 amnesty. Any participant in the 2015 amnesty will be barred from participating in any future amnesty. If eligible taxpayers do not participate in the amnesty and additional taxes are deemed due, additional penalties will apply. (H.B. 1001, Laws 2015, effective July 1, 2015; Governor Pence Announces Tax Amnesty to Be Conducted in Fall 2015, Indiana Gov. Mike Pence, June 29, 2015)
Kansas has enacted a tax amnesty tax program that will take place from September 1, 2015 to October 15, 2015. Penalties and interest will be waived for taxpayers who pay delinquent taxes in full. The amnesty program applies to the following taxes: privilege, income, estate, cigarette, tobacco products, liquor enforcement, liquor drink, mineral severance, state sales and use, and local sales and use taxes. The amnesty program applies only to penalties and interest on liabilities associated with tax periods ending on or before December 31, 2013. The amnesty program does not apply to any matter for which, on or after September 1, 2015, taxpayers have received notices of assessment or for which an audit had previously been initiated. Fraud or intentional misrepresentation in connection with an amnesty application voids the application and waiver of any penalties and interest.(H.B. 2109 and S.B. 270, Laws 2015, effective July 1, 2015, and applicable as noted)
South Carolina has enacted a bill authorizing the Department of Revenue (DOR) to create a tax amnesty period during which penalties and interest, or a portion of them, will be waived for taxpayers that voluntarily file and pay all taxes owed. Amnesty will be granted to taxpayers who:
- request an amnesty form and voluntarily file all delinquent tax returns and pay in full all taxes due;
- voluntarily file an amended tax return to correct an incorrect or insufficient original return and pay all taxes due; or
- voluntarily pay in full all previously assessed tax liabilities due within an extended amnesty period as determined by the department. The department may set up installment agreements so long as all taxes are paid within this period.
A taxpayer who has an appeal pending with respect to an assessment will be able to participate in the amnesty program if the taxpayer pays all taxes owed. A taxpayer who is the subject of a state tax-related criminal investigation or criminal prosecution will not be eligible to participate in the program. If the DOR establishes an amnesty period, it must notify the South Carolina General Assembly of the amnesty period at least 60 days before the start of the amnesty period. An administrative fee of 5% must be reimbursed to the department on the total amount collected under amnesty. Any overdue tax debt, as defined in Section 12-55-30, remaining unpaid may have imposed on it at the department's discretion an additional ten percent collection assistance fee. This collection assistance fee initially may be imposed on any overdue tax debt at the close of the extended amnesty period as prescribed by the department. This additional collection assistance fee only may be imposed for a period of one year after the close of the extended amnesty period. (S.B. 526, Laws 2015, effective June 8, 2015)
Oklahoma has enacted legislation authorizing the Oklahoma Tax Commission to establish a Voluntary Compliance Initiative and offer tax amnesty to delinquent taxpayers from September 14, 2015 to November 13, 2015, subject to the availability of funds. Participants who voluntarily file delinquent tax returns and pay the tax due during the compliance initiative period are entitled to a waiver of penalties, interest and other collection fees or costs due on eligible taxes.Eligible taxes include the following taxes that were due and payable for any tax period or periods ending before January 1, 2015: mixed beverage tax; gasoline and diesel tax; gross production and petroleum excise tax; sales and use tax; income tax; withholding tax; and privilege tax. Franchise tax is not included in the initiative.(H.B. 2236, Laws 2015, effective May 20, 2015)