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Senate Bill 0362


Senate Bill 0362

ARCHIVE (2006)

Latest Information

 

DIGEST OF SB362 (Updated March 8, 2006 2:54 pm - DI 84)


Collection of delinquent taxes. Provides for biennial renewal of a registered retail merchant's certificate. Provides that the department of state revenue (department) must renew at no additional charge the registered retail merchant's certificate of a retail merchant who is current on the retail merchant's filing and remittance obligations. Prohibits the department from renewing the registered retail merchant's certificate of a retail merchant who is delinquent in remitting sales or use tax. Provides that the department shall notify a retail merchant who is delinquent in remitting sales or use tax at least 60 days before the expiration of the retail merchant's registered retail merchant's certificate that the department will not renew the retail merchant's registered retail merchant's certificate. Provides that a sheriff may keep a tax warrant and continue collections after a period of 120 days only after the department determines that: (1) the sheriff is collecting the warrant on a payment schedule that will satisfy the judgment within one year; and (2) the sheriff's electronic data base regarding tax warrants is compatible with the department's data base. Provides that if an apparent owner of unclaimed property is subject to an outstanding tax warrant, the department may levy against the unclaimed property. Provides that a taxpayer who receives a proposed assessment must file a protest within 45 days after the date the notice is mailed. (Current law allows 60 days.) Provides that a taxpayer must appeal a letter of finding to the tax court within 60 days after the date on which: (1) the letter of finding is mailed, if the taxpayer does not request a rehearing on the letter of finding within 30 days; or (2) the department issues a denial of the taxpayer's timely request for a rehearing on the letter of finding. (Current law allows 180 days after the letter of finding is mailed.) Provides that interest on an excess tax payment that the department does not refund or credit against a current or future tax liability within 90 days after: (1) the refund claim is filed; (2) the date the tax payment was due; or (3) the date the tax was paid; whichever is later, accrues interest from the date on which the refund claim is filed. (Current law provides that interest accrues from the later of the date on which the tax payment was due or the tax payment was paid.)
    Current Status:
     Law Enacted
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