Delaware Announces Tax Amnesty Program

September 30, 2009

 
The Delaware Division of Revenuehas announced the 2009 Voluntary Tax Compliance Initiative (VTCI).  The program will begin September 1, 2009 and run through October 30, 2009. VTCI is Delaware’s tax amnesty program for individuals and businesses. For a limited time, those with outstanding tax liabilities administered by the Delaware Division of Revenue are invited to pay their past-due taxes or file past-due tax returns free of penalty, interest, and collection fees, and without fear of litigation.  View qualifications and more details.

 www.taxcient.com – The Science of Tax


Louisiana Enacts Tax Amnesty Act

September 30, 2009

 
The 2009 Louisiana Tax Amnesty Programbegins on September 1 and continues through October 31. The amnesty program allows taxpayers to settle account balances, overdue audit assessments, and certain tax disputes with no penalties and only half of the interest on what they owe.

The 2009 Louisiana Tax Amnesty Program applies to resident and non-resident individuals, and in-state and multi-state businesses.

Tax amnesty can be applied to:

  • All taxes administered and collected by LDR, except for motor fuel taxes;
  • Taxes that became due on or after July 1, 2001 and before January 1, 2009;
  • Taxes due prior to January 1, 2009 for which LDR has issued a billing notice or demand for payment on or after July 1, 2001 and before May 31, 2009;
  • Taxes for which the taxpayer and LDR have entered into an agreement to suspend the running of prescription until December 31, 2009;
  • Taxes due on or before July 1, 2009, but were ineligible for an earlier amnesty program due to civil litigation.

A taxpayer qualifies for amnesty:

  • If they failed to file a tax return or report;
  • If they failed to report all income or all tax, interest and penalties that were due;
  • If they claimed incorrect credits or deductions;
  • If they misrepresented or omitted any tax due;
  • If they are under audit or in administrative or judicial litigation.

During the two-month amnesty window of opportunity, eligible taxpayers can submit applications and make payments online.

For more information, visit www.LDRAmnesty.com.

www.taxcient.com – The Science of Tax


Wisconsin to Allow Tax Amnesty for Certain Sellers

September 30, 2009

 
Wisconsin will be offering a sales tax amnesty program to all businesses that are not currently registered to collect Wisconsin sales tax, if certain eligibility requirements are met. A business interested in participating in this amnesty program must voluntarily register to collect and remit not only Wisconsin sales taxes, but also any sales taxes due on the sales they make in any of the states whose laws have been found to be in compliance with the requirements of the Streamlined Sales and Use Tax Agreement (SSUTA). The Wisconsin amnesty period will begin July 1, 2009, the date Wisconsin becomes an associate member of the Streamlined Sales Tax Governing Board (SSTGB), and will end September 30, 2010.

If you meet the eligibility requirements and register as described below, you will not be liable for any Wisconsin sales tax on sales you made prior to your registration. (Note: The sales tax amnesty program does not apply to (1) any Wisconsin taxes that you owe in your capacity as a purchaser (i.e., use tax due on purchases you made) or (2) any Wisconsin sales taxes that you have previously collected from your customers, regardless of whether or not you have remitted those taxes to Wisconsin.)

Eligibility and Participation Requirements
You are eligible for the Wisconsin sales tax amnesty program, unless one or more of the following criteria apply to you:

• You are currently registered to collect Wisconsin sales tax;
• You were registered to collect Wisconsin sales tax at any time during the previous 12 months;
• You have received a notice of the commencement of an audit, unless that audit is fully resolved, including any related administrative or judicial processes (i.e., appeals); or
• You have committed or been involved in a fraudulent act or an intentional misrepresentation of a material fact.

To participate in the Wisconsin sales tax amnesty program, you must:

• Register between July 1, 2009 and September 30, 2010 to collect sales tax for Wisconsin and all of the other SSUTA member states using the Streamlined Sales Tax Central Registration System which is available at: https://www.sstregister.org/sellers/Entry.aspx; and
• Agree to collect and remit sales tax to Wisconsin and all of the other SSUTA member states (including those states that join the SSUTA after you register) for at least 36 months after the date of registration.

If you have any questions regarding the sales tax amnesty program required under the SSUTA, please visit the SSTGB’s web site at: www.streamlinedsalestax.org/amnesty.html. If you have questions specific to Wisconsin’s sales tax amnesty program, please contact Craig Johnson at (608) 634-6794 or send an e-mail to craig.johnson@revenue.wi.gov.

www.taxcient.com – The Science of Tax


Massachusetts Passes FY2010 Budget; Includes a Sales and Use Tax Rate Increase

September 30, 2009

 
The budget bill for FY2010 includes an increase in the sales and use tax rates to 6.25% effective August 1, 2009 and eliminates the tax exemption on sales of alcoholic beverages among other changes. View an overview of the tax changes.

http://www.taxcient.com– The Science of Tax


Wisconsin Issues New Sales And Use Tax Laws and Sales Tax Changes

September 30, 2009

 
The Wisconsin Department of Revenue has released a summary of the sales and use tax changes.

Sales and Use Tax Laws Changes:

  • Retailer’s discount limited to $1,000 per reporting period (sec. 77.61(4)(c), Wis. Stats.) (first applies to the taxes that are payable on October 1, 2009)
  • Manufacturing consumables exemption clarified to state that exempt property must be used exclusively and directly in the manufacturing process (sec. 77.54(2) and (2m), Wis. Stats.) (effective August 1, 2009)
  • Taxable admissions do not include the sale of admissions by a nonprofit organization to participate in youth sports (sec. 77.52(2)(a)2.c., Wis. Stats.)
  • Tax imposed on the towing and hauling of motor vehicles (sec. 77.52(2)(a)8m., Wis. Stats.)
  • Credit allowed for certain taxes paid to an American Indian Tribe in Wisconsin (sec. 77.53(16m), Wis. Stats.)
  • Exemption created for sales to Wisconsin Quality Home Care Authority (sec. 77.54(9a)(a), Wis. Stats.)
  • Exemption created for sales to American Indian Tribes in Wisconsin (sec. 77.54(9a)(ed), Wis. Stats.) (effective August 1, 2009)
  • Exemption created for sales to transit authorities (sec. 77.54(9a)(er), Wis. Stats.)
  • Certain baseball stadium district funds must be used exclusively to retire the district’s debt (sec. 77.705, Wis. Stats.)
  • Exemption created for police and fire protection fees imposed under sec. 196.025(6), Wis. Stats. (sec. 77.54(55), Wis. Stats.)
  • Exemption created for fuel for certain charter fishing boats (sec. 77.54(30)(a)7., Wis. Stats.)
  • Local licenses and permits: Requirement to hold a seller’s permit amended to allow the holding of a use tax registration certificate (sec. 77.61(11), Wis. Stats.) (effective October 1, 2009)
  • Penalties created for persons failing to produce records (sec. 77.61(19), Wis. Stats.)
  • Clarify that the sale, license, lease, or rental of a product may be taxed only once for sales and use taxes (sec. 77.61(20), Wis. Stats.)
  • A list of every person who has had a seller’s permit revoked will be posted on the Internet (sec. 73.03(64), Wis. Stats.)
  • The Department of Revenue may offset state payments against federal nontax obligations and may charge up to a $25 fee per transaction (sec. 73.03(52)(b), Wis. Stats.)

Additional law changes relating to disregarded entities; the wind, solar, and gas from agricultural waste exemption; nexus; the premier resort area tax; the biotechnology exemption; and regional transit authorities are detailed under separate headings found here in the summary.

www.taxcient.com – The Science of Tax


West Virginia Sales and Use Tax Taxability Matrix Revised

September 30, 2009

 
The West Virginia State Tax Department has revised its Taxability Matrix.

www.taxcient.com– The Science of Tax