Bill Text: AZ SB1364 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: DOR audits; three-year limit
Spectrum: Partisan Bill (Republican 16-0)
Status: (Engrossed - Dead) 2013-03-18 - Referred to House RULES Committee [SB1364 Detail]
Download: Arizona-2013-SB1364-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1364 |
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AN ACT
Amending sections 42-1104 and 42‑2059, Arizona Revised Statutes; relating to the department of revenue.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-1104, Arizona Revised Statutes, is amended to read:
42-1104. Statutes of limitation; exceptions
A. For the taxes to which this article applies, every notice of every additional tax due shall be prepared on forms prescribed by the department and mailed within four years after the report or return is required to be filed or within four years after the report or return is filed, whichever period expires later.
B. Notwithstanding subsection A of this section, any notice of additional tax due regarding individual income tax adjustments that are not based on federal information shall be prepared on forms prescribed by the department and mailed within three years after the report or return is required to be filed or within three years after the report or return is filed, whichever period expires later. For purposes of this subsection, "based on federal information" means that the adjustment is necessary because the individual reported different amounts on their federal return than was reported on their Arizona return in areas in which the Arizona amount is contingent on federal law.
B. C. The following are exceptions to the general rules prescribed by this section, and a deficiency assessment may be issued in any of the following cases:
1. The department may assess the tax or begin a proceeding in court for the collection of the tax at any time:
(a) In the case of a false or fraudulent return with the intent to evade tax.
(b) In the case of failure to file a return.
2. If a taxpayer omits from gross income, gross receipts, gross proceeds of sales or Arizona adjusted gross income, as defined for purposes of chapter 5 of this title or title 43, an amount which that is properly includible and which that is in excess of twenty‑five per cent of the amount of gross income stated in the return, the tax may be assessed at any time within six years after the return was filed.
3. If a taxpayer during a taxable year sells at a gain property used as the taxpayer's principal residence, the statutory period for the assessment of any deficiency attributable to any part of the gain does not expire before the expiration of four years from the date the taxpayer notifies the United States internal revenue service pursuant to the United States internal revenue code.
4. If a claim for credit or refund relates to an overpayment on account of the deductibility of a debt as one which that became worthless, a loss from worthlessness of a security, an erroneous inclusion of an amount attributable to the recovery of a bad debt, prior tax or delinquency amount due to an adjustment of a bad debt deduction or a loss deduction from worthlessness of a security, the period of limitation is seven years from the date prescribed by law for filing the return for the year with respect to which the claim is made.
5. If a taxpayer fails to report a change or correction by the commissioner of internal revenue or other officer of the United States or other competent authority or fails to file an amended return as required by section 43‑327, the department may assess any deficiency resulting from such adjustments within four years after the change, correction or amended return is reported to or filed with the United States internal revenue service regardless of any previous examinations by the department.
6. If a taxpayer is required to report a change or correction by the commissioner of internal revenue or other officer of the United States or other competent authority or to file an amended return as required by section 43‑327 and does report the change or files the return, any deficiency resulting from the adjustments may be assessed within six months from the date the notice of amended return is filed with the department by the taxpayer, or within the period provided in subsection A of this section or paragraph 1 or 2 of this subsection, whichever period expires last.
7. Except as provided in paragraph 8 of this subsection, if a taxpayer agrees with the United States commissioner of internal revenue for an extension or renewals of the period for proposing and assessing deficiencies in federal income taxes for any year, the period for mailing a notice of a proposed income tax deficiency is four years after the return was filed or six months after the date of the expiration of the agreed period for assessing deficiencies in the federal income tax, whichever period expires later.
8. If a taxpayer agrees with the United States commissioner of internal revenue for a limited extension or renewals of the period for proposing and assessing deficiencies in federal income taxes for any year, then, solely with respect to those items specifically enumerated in this agreement, the period for mailing a notice of a proposed income tax deficiency, or claiming a refund, is four years after the return was filed or six months after the date of the expiration of the agreed period for assessing deficiencies in the federal income tax, whichever period expires later.
9. If, before the expiration of the time prescribed for the mailing of a notice of a proposed deficiency assessment, the taxpayer consents in writing to an assessment after that time, the assessment may be made at any time before the expiration of the period agreed on. The period agreed on may be extended by subsequent written agreements made before the expiration of the period previously agreed on.
C. D. Notwithstanding subsection A of this section and subsection B C, paragraphs 1 and 2 of this section, a taxpayer who has a duty to collect use tax shall not be assessed tax pursuant to chapter 5, article 4 of this title for any retail sales to purchasers who were licensed pursuant to section 42‑5005 or registered pursuant to section 42‑5154 and who filed use tax returns for the reporting period in which the sale was made, if the reporting period in which the sale was made is more than four years from the notice of proposed deficiency. If, before the expiration of this time limitation, the taxpayer consents in writing to an assessment after that time for the transactions, a subsequent assessment may include any transaction within the agreed extended period. The period agreed to may be extended by subsequent written agreements made before the expiration of the period previously agreed to.
Sec. 2. Section 42-2059, Arizona Revised Statutes, is amended to read:
42-2059. No additional audits or proposed assessments; exceptions
A. When the department completes an audit or the findings of a managed audit are accepted by the director or approved on appeal and a deficiency has been completely determined under section 42‑1108 or chapter 1, article 6 of this title, the taxpayer's liability for the particular tax for the period subjected to the audit is fixed and determined, and no additional audit may be conducted except under the following circumstances:
1. If a taxpayer files a claim for refund under section 42‑1251, subsection B or any other provision authorizing a claim for refund. Any departmental audit of the claim is limited to the issues presented on the claim for refund.
2. Changes or corrections required to be reported to the department by section 43‑327. The department may audit any such reports or any periods for which a report was required notwithstanding this section and may determine a tax deficiency or a refund.
3. An audit of state transaction privilege or use tax does not preclude a subsequent audit for a city or town. An audit of transaction privilege or use tax for a city or town does not preclude a subsequent audit for this state.
4. If the taxpayer failed to disclose material information during the audit, or has falsified books or records or otherwise engaged in an action that prevented the department from conducting an accurate audit, the applicability of this subsection may be part of a subsequent protest and may be contested by the taxpayer pursuant to chapter 1, article 6 of this title.
5. If a managed audit is completed under the terms of a limited managed audit agreement, the department may audit the issues not covered by the limited managed audit agreement within the statute of limitations prescribed by section 42‑1104.
6. For individual income tax changes or corrections based on federal information, as defined in section 42-1104, subsection B, an audit may be conducted after an assessment has been issued within the period specified in section 42-1104, subsection B. The department's audit adjustments shall be limited to changes based on federal information.
B. If the department issues a notice of proposed assessment of taxes imposed by chapter 5, article 1 or 4 of this title or title 43, chapter 10, the department may not increase the amount of the proposed assessment except in one or more of the following circumstances:
1. The taxpayer has made a material misrepresentation of facts.
2. The taxpayer has failed to disclose a material fact to the auditor.
3. The department has requested information and the taxpayer fails to provide that information to the department.
4. After issuing the notice of proposed assessment but before the assessment becomes final the tax court, court of appeals or supreme court issues a decision, the application of which causes the tax initially proposed to increase.
5. The proposed assessment was for individual income tax and was issued within the period required in section 42-1104, subsection B, and the changes are based on federal information as defined in section 42-1104, subsection B.
C. Subsection B of this section does not apply to changes or corrections that are required to be reported to the department by section 43‑327.
Sec. 3. Effective date
This act is effective and applies to taxable years beginning from and after December 31, 2013.
