Minnesota Legislature
HF 3959
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to sales and excise taxes; reducing June accelerated payments; amending
Minnesota Statutes 2004, sections 289A.60, subdivision 15; 297F.09, subdivision
10; 297G.09, subdivision 9; Minnesota Statutes 2005 Supplement, section
289A.20, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2005 Supplement, section 289A.20, subdivision 4,
is amended to read:
Subd. 4.
Sales and use tax.
(a) The taxes imposed by chapter 297A are due and
payable to the commissioner monthly on or before the 20th day of the month following the
month in which the taxable event occurred, or following another reporting period as the
commissioner prescribes or as allowed under section 289A.18, subdivision 4, paragraph
(f) or (g), except that use taxes due on an annual use tax return as provided under section
289A.11, subdivision 1, are payable by April 15 following the close of the calendar year.
(b) A vendor having a liability of $120,000 or more during a fiscal year ending June
30 must remit the June liability for the next year in the following manner:
(1) Two business days before June 30 of the year, the vendor must remit deleted text begin 85deleted text end new text begin 50
new text end percent of the estimated June liability to the commissioner.
(2) On or before August 20 of the year, the vendor must pay any additional amount
of tax not remitted in June.
(c) A vendor having a liability of:
(1) $20,000 or more in the fiscal year ending June 30, 2005; or
(2) $10,000 or more in the fiscal year ending June 30, 2006, and fiscal years
thereafter,
must remit all liabilities on returns due for periods beginning in the subsequent calendar
year by electronic means on or before the 20th day of the month following the month in
which the taxable event occurred, or on or before the 20th day of the month following the
month in which the sale is reported under section 289A.18, subdivision 4, except for 85
percent of the estimated June liability, which is due two business days before June 30. The
remaining amount of the June liability is due on August 20.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for sales tax payments in June 2007
and thereafter.
new text end
Sec. 2.
Minnesota Statutes 2004, section 289A.60, subdivision 15, is amended to read:
Subd. 15.
Accelerated payment of June sales tax liability; penalty for
underpayment.
deleted text begin
(a) For payments made after December 31, 2002, and before January 1,
2004, if a vendor is required by law to submit an estimation of June sales tax liabilities
and 75 percent payment by a certain date, the vendor shall pay a penalty equal to ten
percent of the amount of actual June liability required to be paid in June less the amount
remitted in June. The penalty must not be imposed, however, if the amount remitted in
June equals the lesser of 75 percent of the preceding May's liability or 75 percent of the
average monthly liability for the previous calendar year.
deleted text end
deleted text begin (b)deleted text end For payments made after December 31, deleted text begin 2003deleted text end new text begin 2006new text end , if a vendor is required by
law to submit an estimation of June sales tax liabilities and deleted text begin 85deleted text end new text begin 50new text end percent payment by a
certain date, the vendor shall pay a penalty equal to ten percent of the amount of actual
June liability required to be paid in June less the amount remitted in June. The penalty
must not be imposed, however, if the amount remitted in June equals the lesser of deleted text begin 85deleted text end new text begin 50new text end
percent of the preceding May's liability or deleted text begin 85deleted text end new text begin 50new text end percent of the average monthly liability
for the previous calendar year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for sales tax payments in June 2007
and thereafter.
new text end
Sec. 3.
Minnesota Statutes 2004, section 297F.09, subdivision 10, is amended to read:
Subd. 10.
Accelerated tax payment; cigarette or tobacco products distributor.
A cigarette or tobacco products distributor having a liability of $120,000 or more during a
fiscal year ending June 30, shall remit the June liability for the next year in the following
manner:
(a) Two business days before June 30 of the year, the distributor shall remit the
actual May liability and deleted text begin 85deleted text end new text begin 50new text end percent of the estimated June liability to the commissioner
and file the return in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the distributor shall submit a return showing
the actual June liability and pay any additional amount of tax not remitted in June. A
penalty is imposed equal to ten percent of the amount of June liability required to be paid
in June, less the amount remitted in June. However, the penalty is not imposed if the
amount remitted in June equals the lesser of:
(1) deleted text begin 85deleted text end new text begin 50new text end percent of the actual June liability; or
(2) deleted text begin 85deleted text end new text begin 50new text end percent of the preceding May's liability.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for sales tax payments in June 2007
and thereafter.
new text end
Sec. 4.
Minnesota Statutes 2004, section 297G.09, subdivision 9, is amended to read:
Subd. 9.
Accelerated tax payment; penalty.
A person liable for tax under this
chapter having a liability of $120,000 or more during a fiscal year ending June 30, shall
remit the June liability for the next year in the following manner:
(a) Two business days before June 30 of the year, the taxpayer shall remit the actual
May liability and deleted text begin 85deleted text end new text begin 50new text end percent of the estimated June liability to the commissioner and file
the return in the form and manner prescribed by the commissioner.
(b) On or before August 18 of the year, the taxpayer shall submit a return showing
the actual June liability and pay any additional amount of tax not remitted in June. A
penalty is imposed equal to ten percent of the amount of June liability required to be paid
in June less the amount remitted in June. However, the penalty is not imposed if the
amount remitted in June equals the lesser of:
(1) deleted text begin 85deleted text end new text begin 50new text end percent of the actual June liability; or
(2) deleted text begin 85deleted text end new text begin 50new text end percent of the preceding May liability.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for sales tax payments in June 2007
and thereafter.
new text end