Bill Text: MS HB797 | 2014 | Regular Session | Introduced
Bill Title: Severance taxes; change date that returns and payments are due for timber, oil and gas; repeal salt severance tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB797 Detail]
Download: Mississippi-2014-HB797-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Ways and Means
By: Representative Smith (39th)
House Bill 797
AN ACT TO AMEND SECTIONS 27-25-23, 27-25-519 AND 27-25-717, MISSISSIPPI CODE OF 1972, TO CHANGE THE DATE ON WHICH TIMBER, OIL AND NATURAL GAS SEVERANCE TAX RETURNS AND PAYMENTS ARE DUE TO THE TWENTIETH DAY OF THE SECOND MONTH SUCCEEDING THE MONTH IN WHICH THE TAX ACCRUES; TO REPEAL SECTIONS 27-25-301 THROUGH 27-25-315, MISSISSIPPI CODE OF 1972, WHICH ARE THE MISSISSIPPI SALT SEVERANCE TAX LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-25-23, Mississippi Code of 1972, is amended as follows:
27-25-23. The taxes levied * * * under this article shall be
due and payable in monthly installments, on or before the * * * twentieth day of the second
month next succeeding the month in which the tax accrues. The person liable
for the tax shall, on or before the * * * twentieth day of the second
month next succeeding the month in which the tax accrues, make out a
return on the form prescribed, showing the amount of the tax for which he is
liable for the preceding month, and shall * * * file the
return and pay the amount of tax due in the manner prescribed by the department.
* * * However, * * * when the total tax for which any person is
liable under this article does not exceed the sum of Three Thousand Six Hundred
Dollars ($3,600.00) a year, a quarterly return and remittance, in lieu of the
monthly return, may be made on or before the * * * twentieth day of the second
month next succeeding the end of the quarter for which the tax is due. * * *
The return shall be
signed by the taxpayer or a duly authorized agent of the taxpayer.
All administrative
provisions and definitions of the Mississippi Sales Tax Law, including those
imposing penalties, interest and damages for failure to pay taxes imposed, and
all other requirements and duties imposed upon taxpayers under * * *
that chapter, shall
apply with like force and effect to all persons liable for taxes under the
provisions of this article, and the commissioner shall exercise all power and
authority and perform all the duties with respect to taxpayers under this
article as are provided in said Mississippi Sales Tax Law. In case of conflict
between the provisions of this article and any provisions of * * *
the sales tax law,
then the provisions of this article shall control.
* * * In the case of persistent or willful
failure to make any return and pay the tax shown to be due, damages of not less
than ten percent (10%), nor more than twenty-five percent (25%), shall be
assessed and collected by the commissioner, in addition to all other
penalties. All damages collected on timber or timber products hereunder shall
be disbursed to the state and counties on the basis of one-half (1/2) to the
county in which severed, and one-half (1/2) to the state.
SECTION 2. Section 27-25-519, Mississippi Code of 1972, is amended as follows:
27-25-519. The taxes levied * * *
under this article
shall be due and payable in monthly installments, on or before the * * *
twentieth day
of the second month next succeeding the month in which the tax accrues.
The taxpayer shall, on or before the * * * twentieth day of the month next
succeeding the month in which the tax accrues, make out a return showing
the amount of the tax for which he is liable for the * * * month in which the tax accrues,
and shall * * * file the return and pay the amount of
tax due in the manner prescribed by the department. * * * The monthly return shall be signed
by the taxpayer or a duly authorized agent of the taxpayer * * *.
All administrative
provisions of the Mississippi Sales Tax Law, including those which fix damages,
penalties, and interest for nonpayment of taxes and for noncompliance with the
provisions of * * * that
chapter, and all other requirements and duties imposed upon taxpayers, shall
apply to all persons liable for taxes under the provisions of this article, and
the commissioner shall exercise all the power and authority and perform all the
duties with respect to taxpayers under this article as are provided in * * * the sales tax law, except where
there is conflict, then the provisions of this article shall control. Any
damages, penalties, or interest collected by the commissioner for nonpayment of
taxes, or for noncompliance with the provisions of this article, shall be paid
into the General Fund of the State Treasury by the commissioner.
The * * * department may release
production information to the State Oil and Gas Board on all oil produced in
this state. * * * The
information may include the name of the producer or operator and the total
number of barrels produced for specific wells and time periods, but shall not
include the value reported or the tax paid on * * * the production. The State Oil and
Gas Board shall provide the * * * department with
production information for each well, which information shall include field
identification, county or counties where the well is located, well name and
American Petroleum Institute number, operator name and well status. The
information authorized in this section to be transferred between the * * *
department
and State Oil and Gas Board shall be provided in formats as agreed upon by
those agencies.
SECTION 3. Section 27-25-717, Mississippi Code of 1972, is amended as follows:
27-25-717. The taxes levied * * *
under this article
shall be due and payable in monthly installments on or before the * * *
twentieth day
of the second month next succeeding the month in which the tax accrues.
The taxpayer shall, on or before the * * * twentieth day of the * * *
month next succeeding the month in which the tax accrues, make out a
return showing the amount of the tax for which he is liable for the * * * month in which the tax accrues
and shall * * * file the return and pay the amount of
tax due in the manner prescribed by the department. * * * The monthly return shall be signed
by the taxpayer or a duly authorized agent of the taxpayer * * *.
All administrative provisions
of the Mississippi Sales Tax Law, including those which fix damages, penalties,
and interest for nonpayment of taxes and for noncompliance with the provisions
of * * * that
chapter, and all other requirements and duties imposed upon taxpayers shall
apply to all persons liable for taxes under the provisions of this article, and
the commissioner shall exercise all the power and authority and perform all the
duties with respect to taxpayers under this article as are provided in * * * the Mississippi Sales Tax Law,
except where there is conflict, then the provisions of this article shall
control. * * *
However, the statute of limitations for examining returns or to recover taxes
and interest on funds held in escrow on price increases shall be three (3)
years from the time the tax and interest is withdrawn from the State Depository
for distribution to the State Treasury and to the county or counties in which
the gas was produced.
Any damages, penalties, or interest collected by the commissioner for nonpayment of taxes or for noncompliance with the provisions of this article shall be paid into the General Fund of the State Treasury by the commissioner.
The * * * department may release
production information to the State Oil and Gas Board on all gas produced in
this state. * * *
The information may include the name of the producer or operator and the
total number of million cubic feet produced for specific wells and time
periods, but shall not include the value reported or the tax paid on * * * the production. The State Oil and
Gas Board shall provide the * * * department with
production information for each well, which information shall include field
identification, county or counties where the well is located, well name and
American Petroleum Institute number, operator name and well status. The
information authorized in this section to be transferred between the * * * department and State Oil
and Gas Board shall be provided in formats as agreed upon by those agencies.
SECTION 4. Sections 27-25-301, 27-25-303, 27-25-305, 27-25-307, 27-25-309, 27-25-311, 27-25-313 and 27-25-315, Mississippi Code of 1972, which are the Mississippi Salt severance Tax Law, are repealed.
SECTION 5. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action for taxes accruing under Chapter 25 of Title 27, Mississippi Code of 1972, and the articles contained therein for any month before the date on which this act becomes effective, whether such claims, assessments, appeals, suits or actions have been begun before the date on which this act becomes effective or are begun thereafter; and the provisions of the laws contained in Chapter 25 of Title 27, Mississippi Code of 1972, and the articles contained therein are expressly continued in full force, effect and operation for the purpose of the assessment, collection and enrollment of liens for any taxes due or accrued for any month prior to the effective date of this act and for the execution of any warrant under such laws before the date on which this act becomes effective, and for the imposition of any penalties, forfeitures or claims for failure to comply with such laws.
SECTION 6. This act shall take effect and be in force from and after September 1, 2014.
