Bill Text: MN SF2941 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Accelerated June tax payments remittance threshold modification

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-04-04 - Author added Rest [SF2941 Detail]

Download: Minnesota-2013-SF2941-Introduced.html

1.1A bill for an act
1.2relating to taxation; sales and use; excise; increasing the tax remittance threshold
1.3for vendors required to file accelerated June payments;amending Minnesota
1.4Statutes 2012, sections 297F.09, subdivision 10; 297G.09, subdivision 9;
1.5Minnesota Statutes 2013 Supplement, section 289A.20, subdivision 4.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2013 Supplement, section 289A.20, subdivision 4,
1.8is amended to read:
1.9    Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
1.10payable to the commissioner monthly on or before the 20th day of the month following the
1.11month in which the taxable event occurred, or following another reporting period as the
1.12commissioner prescribes or as allowed under section 289A.18, subdivision 4, paragraph
1.13(f) or (g), except that use taxes due on an annual use tax return as provided under section
1.14289A.11, subdivision 1 , are payable by April 15 following the close of the calendar year.
1.15    (b) A vendor having a liability of $120,000 $250,000 or more during a fiscal year
1.16ending June 30 must remit the June liability for the next year in the following manner:
1.17    (1) Two business days before June 30 of the year, the vendor must remit 90 percent
1.18of the estimated June liability to the commissioner.
1.19    (2) On or before August 20 of the year, the vendor must pay any additional amount
1.20of tax not remitted in June.
1.21    (c) A vendor having a liability of:
1.22    (1) $10,000 or more, but less than $120,000 $250,000 during a fiscal year ending
1.23June 30, 2013, and fiscal years thereafter, must remit by electronic means all liabilities
1.24on returns due for periods beginning in all subsequent calendar years on or before the
1.2520th day of the month following the month in which the taxable event occurred, or on
2.1or before the 20th day of the month following the month in which the sale is reported
2.2under section 289A.18, subdivision 4; or
2.3(2) $120,000 $250,000 or more, during a fiscal year ending June 30, 2009 2013,
2.4and fiscal years thereafter, must remit by electronic means all liabilities in the manner
2.5provided in paragraph (a) on returns due for periods beginning in the subsequent calendar
2.6year, except for 90 percent of the estimated June liability, which is due two business days
2.7before June 30. The remaining amount of the June liability is due on August 20.
2.8(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
2.9religious beliefs from paying electronically shall be allowed to remit the payment by mail.
2.10The filer must notify the commissioner of revenue of the intent to pay by mail before
2.11doing so on a form prescribed by the commissioner. No extra fee may be charged to a
2.12person making payment by mail under this paragraph. The payment must be postmarked
2.13at least two business days before the due date for making the payment in order to be
2.14considered paid on a timely basis.
2.15EFFECTIVE DATE.This section is effective for taxes remitted after May 30, 2014.

2.16    Sec. 2. Minnesota Statutes 2012, section 297F.09, subdivision 10, is amended to read:
2.17    Subd. 10. Accelerated tax payment; cigarette or tobacco products distributor.
2.18    A cigarette or tobacco products distributor having a liability of $120,000 $250,000 or
2.19more during a fiscal year ending June 30, shall remit the June liability for the next year
2.20in the following manner:
2.21    (a) Two business days before June 30 of the year, the distributor shall remit the
2.22actual May liability and 90 percent of the estimated June liability to the commissioner and
2.23file the return in the form and manner prescribed by the commissioner.
2.24    (b) On or before August 18 of the year, the distributor shall submit a return showing
2.25the actual June liability and pay any additional amount of tax not remitted in June. A
2.26penalty is imposed equal to ten percent of the amount of June liability required to be paid
2.27in June, less the amount remitted in June. However, the penalty is not imposed if the
2.28amount remitted in June equals the lesser of:
2.29    (1) 90 percent of the actual June liability; or
2.30    (2) 90 percent of the preceding May's May liability.
2.31EFFECTIVE DATE.This section is effective for taxes remitted after May 30, 2014.

2.32    Sec. 3. Minnesota Statutes 2012, section 297G.09, subdivision 9, is amended to read:
3.1    Subd. 9. Accelerated tax payment; penalty. A person liable for tax under this
3.2chapter having a liability of $120,000 $250,000 or more during a fiscal year ending June
3.330, shall remit the June liability for the next year in the following manner:
3.4    (a) Two business days before June 30 of the year, the taxpayer shall remit the actual
3.5May liability and 90 percent of the estimated June liability to the commissioner and file
3.6the return in the form and manner prescribed by the commissioner.
3.7    (b) On or before August 18 of the year, the taxpayer shall submit a return showing
3.8the actual June liability and pay any additional amount of tax not remitted in June. A
3.9penalty is imposed equal to ten percent of the amount of June liability required to be paid
3.10in June less the amount remitted in June. However, the penalty is not imposed if the
3.11amount remitted in June equals the lesser of:
3.12    (1) 90 percent of the actual June liability; or
3.13    (2) 90 percent of the preceding May liability.
3.14EFFECTIVE DATE.This section is effective for taxes remitted after May 30, 2014.
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