Bill Text: MN SF75 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Sales and use tax remittance schedule for vendors modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-20 - HF substituted in committee HF1777 [SF75 Detail]
Download: Minnesota-2013-SF75-Engrossed.html
1.2relating to taxation; modifying remittance schedule for certain vendors;
1.3amending Minnesota Statutes 2012, section 289A.20, subdivision 4; repealing
1.4Minnesota Statutes 2012, section 289A.60, subdivision 31.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 289A.20, subdivision 4, is amended to read:
1.7 Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
1.8payable to the commissioner monthly on or before the 20th day of the month following
1.9the month in which the taxable event occurred, or following another reporting period
1.10as the commissioner prescribes or as allowed under section289A.18, subdivision 4 ,
1.11paragraph (f) or (g), except that:
1.12(1) use taxes due on an annual use tax return as provided under section
289A.11,
1.13subdivision 1 , are payable by April 15 following the close of the calendar year; and.
1.14(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
1.15or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
1.16imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
1.17commissioner monthly in the following manner:
1.18(i) On or before the 14th day of the month following the month in which the taxable
1.19event occurred, the vendor must remit to the commissioner 90 percent of the estimated
1.20liability for the month in which the taxable event occurred.
1.21(ii) On or before the 20th day of the month in which the taxable event occurs, the
1.22vendor must remit to the commissioner a prepayment for the month in which the taxable
1.23event occurs equal to 67 percent of the liability for the previous month.
2.1(iii) On or before the 20th day of the month following the month in which the taxable
2.2event occurred, the vendor must pay any additional amount of tax not previously remitted
2.3under either item (i) or (ii ) or, if the payment made under item (i) or (ii) was greater than
2.4the vendor's liability for the month in which the taxable event occurred, the vendor may
2.5take a credit against the next month's liability in a manner prescribed by the commissioner.
2.6(iv) Once the vendor first pays under either item (i) or (ii), the vendor is required to
2.7continue to make payments in the same manner, as long as the vendor continues having a
2.8liability of $120,000 or more during the most recent fiscal year ending June 30.
2.9(v) Notwithstanding items (i), (ii), and (iv), if a vendor fails to make the required
2.10payment in the first month that the vendor is required to make a payment under either item
2.11(i) or (ii), then the vendor is deemed to have elected to pay under item (ii) and must make
2.12subsequent monthly payments in the manner provided in item (ii).
2.13(vi) For vendors making an accelerated payment under item (ii), for the first month
2.14that the vendor is required to make the accelerated payment, on the 20th of that month, the
2.15vendor will pay 100 percent of the liability for the previous month and a prepayment for
2.16the first month equal to 67 percent of the liability for the previous month.
2.17 (b)Notwithstanding paragraph (a), A vendor having a liability of $120,000 or more
2.18during a fiscal year ending June 30 must remit the June liability for the next year in the
2.19following manner:
2.20 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
2.21of the estimated June liability to the commissioner.
2.22 (2) On or before August 20 of the year, the vendor must pay any additional amount
2.23of tax not remitted in June.
2.24 (c) A vendor having a liability of:
2.25 (1) $10,000 or more, but less than $120,000 during a fiscal year ending June 30,
2.262009, and fiscal years thereafter, must remit by electronic means all liabilities on returns
2.27due for periods beginning in the subsequent calendar year on or before the 20th day of
2.28the month following the month in which the taxable event occurred, or on or before the
2.2920th day of the month following the month in which the sale is reported under section
2.30289A.18, subdivision 4
; or
2.31(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
2.32thereafter, must remit by electronic means all liabilities in the manner provided in
2.33paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar
2.34year, except for 90 percent of the estimated June liability, which is due two business days
2.35before June 30. The remaining amount of the June liability is due on August 20.
3.1(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
3.2religious beliefs from paying electronically shall be allowed to remit the payment by mail.
3.3The filer must notify the commissioner of revenue of the intent to pay by mail before
3.4doing so on a form prescribed by the commissioner. No extra fee may be charged to a
3.5person making payment by mail under this paragraph. The payment must be postmarked
3.6at least two business days before the due date for making the payment in order to be
3.7considered paid on a timely basis.
3.8(e) Whenever the liability is $120,000 or more separately for: (1) the tax imposed
3.9under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the
3.10chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and
3.11paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
3.12be accelerated as provided in this subdivision.
3.13(f) At the start of the first calendar quarter at least 90 days after the cash flow account
3.14established in section
16A.152, subdivision 1, and the budget reserve account established in
3.15section
16A.152, subdivision 1a, reach the amounts listed in section
16A.152, subdivision
3.162
, paragraph (a), the remittance of the accelerated payments required under paragraph (a),
3.17clause (2), must be suspended. The commissioner of management and budget shall notify
3.18the commissioner of revenue when the accounts have reached the required amounts.
3.19Beginning with the suspension of paragraph (a), clause (2), for a vendor with a liability of
3.20$120,000 or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the
3.21taxes imposed by chapter 297A are due and payable to the commissioner on the 20th day
3.22of the month following the month in which the taxable event occurred. Payments of tax
3.23liabilities for taxable events occurring in June under paragraph (b) are not changed.
3.24EFFECTIVE DATE.This section is effective for taxes due and payable after
3.25July 1, 2013.
3.26 Sec. 2. REPEALER.
3.27Minnesota Statutes 2012, section 289A.60, subdivision 31, is repealed.
3.28EFFECTIVE DATE.This section is effective for taxes due and payable after
3.29July 1, 2013.
1.3amending Minnesota Statutes 2012, section 289A.20, subdivision 4; repealing
1.4Minnesota Statutes 2012, section 289A.60, subdivision 31.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 289A.20, subdivision 4, is amended to read:
1.7 Subd. 4. Sales and use tax. (a) The taxes imposed by chapter 297A are due and
1.8payable to the commissioner monthly on or before the 20th day of the month following
1.9the month in which the taxable event occurred, or following another reporting period
1.10as the commissioner prescribes or as allowed under section
1.11paragraph (f) or (g), except that
1.12
1.13subdivision 1
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2.17 (b)
2.18during a fiscal year ending June 30 must remit the June liability for the next year in the
2.19following manner:
2.20 (1) Two business days before June 30 of the year, the vendor must remit 90 percent
2.21of the estimated June liability to the commissioner.
2.22 (2) On or before August 20 of the year, the vendor must pay any additional amount
2.23of tax not remitted in June.
2.24 (c) A vendor having a liability of:
2.25 (1) $10,000 or more, but less than $120,000 during a fiscal year ending June 30,
2.262009, and fiscal years thereafter, must remit by electronic means all liabilities on returns
2.27due for periods beginning in the subsequent calendar year on or before the 20th day of
2.28the month following the month in which the taxable event occurred, or on or before the
2.2920th day of the month following the month in which the sale is reported under section
2.31(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
2.32thereafter, must remit by electronic means all liabilities in the manner provided in
2.33paragraph (a)
2.34year, except for 90 percent of the estimated June liability, which is due two business days
2.35before June 30. The remaining amount of the June liability is due on August 20.
3.1(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
3.2religious beliefs from paying electronically shall be allowed to remit the payment by mail.
3.3The filer must notify the commissioner of revenue of the intent to pay by mail before
3.4doing so on a form prescribed by the commissioner. No extra fee may be charged to a
3.5person making payment by mail under this paragraph. The payment must be postmarked
3.6at least two business days before the due date for making the payment in order to be
3.7considered paid on a timely basis.
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3.24EFFECTIVE DATE.This section is effective for taxes due and payable after
3.25July 1, 2013.
3.26 Sec. 2. REPEALER.
3.27Minnesota Statutes 2012, section 289A.60, subdivision 31, is repealed.
3.28EFFECTIVE DATE.This section is effective for taxes due and payable after
3.29July 1, 2013.
