HF 2133

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to taxation; providing an extension of time 
  1.3             to file and pay certain state taxes for residents in a 
  1.4             flood disaster area. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [RESIDENTS OF FLOOD DISASTER AREA; EXTENSIONS 
  1.7   OF TIME RELATING TO TAXES.] 
  1.8      Subdivision 1.  [INCOME TAX EXTENSION.] (a) The limitations 
  1.9   of time provided by Minnesota Statutes, chapters 289 and 290 
  1.10  relating to income taxes, and Minnesota Statutes, chapter 271 
  1.11  relating to the tax court, for filing income tax returns, paying 
  1.12  income taxes, claiming income tax refunds, commencing actions 
  1.13  relating to income taxes, appealing to the tax court from orders 
  1.14  relating to income taxes, and appealing to the supreme court 
  1.15  from decisions of the tax court relating to income taxes are 
  1.16  extended until May 30, 1997, for individuals who are residents 
  1.17  in an area designated by the Federal Emergency Management Agency 
  1.18  pursuant to a major disaster declaration issued for Minnesota by 
  1.19  President Clinton after April 1, 1997, and before April 16, 1997.
  1.20     (b) If an individual entitled to the benefit of paragraph 
  1.21  (a) files a return during the extension period under paragraph 
  1.22  (a), interest must be paid on an overpayment or refundable 
  1.23  credit from the due date of the return under paragraph (a), 
  1.24  notwithstanding Minnesota Statutes, section 289A.56, subdivision 
  1.25  2.  
  2.1      Subd. 2.  [INTEREST AND PENALTIES.] Interest on income tax 
  2.2   must not be assessed or collected from an individual, and 
  2.3   interest must not be paid upon an income tax refund to any 
  2.4   individual, with respect to whom, and for the period during 
  2.5   which, the limitations or time are extended as provided in 
  2.6   subdivision 1.  A penalty shall not be assessed or collected 
  2.7   from an individual for failure during that period to perform an 
  2.8   act required by the laws described in subdivision 1. 
  2.9      Subd. 3.  [ASSESSMENTS; ACTIONS.] The time limitations 
  2.10  provided for the assessment of income tax, penalty, or interest, 
  2.11  with respect to those individuals under subdivision 1, are 
  2.12  extended for the period provided in subdivision 1 and for an 
  2.13  additional 45 days; and the time limitations for the 
  2.14  commencement of action to collect a tax, penalty, or interest 
  2.15  from those individuals are extended for an additional 45 days 
  2.16  after the expiration of the time for assessment as provided in 
  2.17  this section. 
  2.18     Subd. 4.  [ABATEMENT.] The commissioner of revenue shall 
  2.19  abate penalties and interest on withholding taxes and 
  2.20  declarations under Minnesota Statutes, section 290.92, and on 
  2.21  sales taxes deposits and returns under Minnesota Statutes, 
  2.22  chapters 289A and 297B, for failure to pay amounts or file 
  2.23  returns due between April 1, 1997, and May 30, 1997, if: 
  2.24     (1) the taxpayer is a resident in the area designated under 
  2.25  subdivision 1, or the taxpayer's business operations are located 
  2.26  in the area designated under subdivision 1 and the taxpayer's 
  2.27  ability to file returns or declarations or pay the taxes is 
  2.28  affected by the disaster; and 
  2.29     (2) the taxpayer files all required returns and 
  2.30  declarations and pays all tax amounts due by May 30, 1997. 
  2.31     Subd. 5.  [APPLICABILITY.] Nothing in this section reduces 
  2.32  the time within which an act is required or permitted under 
  2.33  Minnesota Statutes, chapter 271, 289A, 290, 297A, or 297B. 
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective the day following final enactment.