H-1392.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1097

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Law & Justice (originally sponsored by Representatives Sheahan, Appelwick and Padden)

Read first time 02/01/95.

Waiving penalties for certain estate tax returns.

     AN ACT Relating to the waiver or cancellation of penalties for certain estate tax returns; amending RCW 83.100.070; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 83.100.070 and 1988 c 64 s 8 are each amended to read as follows:

     (1) Any tax due under this chapter which is not paid by the due date under RCW 83.100.060(1) shall bear interest at the rate of twelve percent per annum from the date the tax is due until paid.

     (2) If the Washington return is not filed when due under RCW 83.100.050, then the person required to file the federal return shall pay, in addition to interest, a penalty equal to five percent of the tax due for each month after the date the return is due until filed.  No penalty may exceed twenty-five percent of the tax due or ten thousand dollars, whichever amount is lower.  If the department finds that a return due under this chapter has not been filed by the due date, and the delinquency was the result of circumstances beyond the control of the person required to file the federal return, the department shall waive or cancel any penalties imposed under this chapter with respect to the filing of such a tax return.  The department shall prescribe rules for the waiver or cancellation of the penalties imposed by this section.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.

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