Bill Text: MS SB2371 | 2012 | Regular Session | Engrossed
Bill Title: Sales and withholding tax laws; remove penalties for certain second or subsequent failures to comply with.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-04-03 - Died In Committee [SB2371 Detail]
Download: Mississippi-2012-SB2371-Engrossed.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Finance
By: Senator(s) Fillingane
Senate Bill 2371
(As Passed the Senate)
AN ACT TO AMEND SECTION 27-7-345, MISSISSIPPI CODE OF 1972, TO REMOVE THE PENALTY FOR A SECOND OR SUBSEQUENT OFFENSE FOR FAILURE TO FILE A WITHHOLDING TAX RETURN WITHIN THE TIME PRESCRIBED OR FOR FAILURE TO PAY THE TAX WHEN SUCH FAILURE WAS NOT THE RESULT OF ANY FRAUDULENT INTENT; TO AMEND SECTION 27-65-39, MISSISSIPPI CODE OF 1972, TO REMOVE THE DAMAGES FOR A SECOND OR SUBSEQUENT OFFENSE FOR NEGLIGENCE OR FAILURE TO COMPLY WITH THE PROVISIONS OF THE SALES TAX LAW IF THERE WAS NO INTENT TO DEFRAUD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-7-345, Mississippi Code of 1972, is amended as follows:
27-7-345. Any taxpayer who either fails to file a required return within the time prescribed, or who fails to remit the tax or remits less than the amount due under the return, shall be liable for the following penalties:
(a) If the failure to file a return within the time prescribed, or the failure to pay the tax or any part thereof, was not the result of any fraudulent intent, the taxpayer shall be liable for a penalty in the amount of ten percent (10%) * * * of the total amount of deficiency or delinquency in the tax, plus interest on the amount of tax due at the rate of one percent (1%) per month on the amount not paid, from the date such tax was due until paid, and such amount shall be added to the liability of the taxpayer unless such failure was due to reasonable cause.
(b) If the failure to file the return or to remit the tax or any part thereof was the result of a fraudulent intent to evade the payment to the commissioner, the taxpayer, in addition to the criminal penalty provided in Section 27-7-347, shall be liable for a penalty of fifty percent (50%) of the tax due, plus interest on the amount of tax due at the rate of one percent (1%) per month on the amount not paid.
(c) If the failure to file an information return or to furnish a required statement within the time prescribed was not the result of any fraudulent intent, the taxpayer shall be liable for a penalty of Five Dollars ($5.00) per statement, with a minimum of Two Hundred Fifty Dollars ($250.00) up to a maximum of Ten Thousand Dollars ($10,000.00) per reporting account.
(d) If the failure to file an information return or to furnish a required statement was the result of intentional disregard of filing requirements, the taxpayer shall be liable for a penalty of Twenty-five Dollars ($25.00) per statement, with a minimum of Two Hundred Fifty Dollars ($250.00) up to a maximum of Fifty Thousand Dollars ($50,000.00) per reporting account.
SECTION 2. Section 27-65-39, Mississippi Code of 1972, is amended as follows:
27-65-39. If any part of the deficient or delinquent tax is due to negligence or failure to comply with the provisions of this chapter or authorized rules and regulations promulgated under the provisions of this chapter without intent to defraud, there may be added as damages ten percent (10%) * * * of the total amount of deficiency or delinquency in the tax, or interest at the rate of one percent (1%) per month, or both, from the date such tax was due until paid, and the tax, damages and interest shall become payable upon notice and demand by the commissioner.
If any part of the deficient or delinquent tax is due to intentional disregard of the provisions of this chapter or authorized rules and regulations promulgated under the provisions of this chapter, or to fraud with intent to evade the law, then there shall be added as damages fifty percent (50%) of the total amount of the deficiency or delinquency of the tax, and in such case the whole amount of tax unpaid, including the charges so added, shall become due and payable upon notice and demand by the commissioner, and interest of one percent (1%) per month of the tax shall be added from the date such tax was due until paid.
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SECTION 3. This act shall take effect and be in force from and after July 1, 2012.
