Z-0566.1  _______________________________________________

                         SENATE BILL 5121

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Johnson, Newhouse and Winsley

Read first time 01/15/97.  Referred to Committee on Ways & Means.

Waiving or cancelling interest or penalties for certain estate tax returns.

    AN ACT Relating to the waiver or cancellation of interest or penalties for certain estate tax returns; and amending RCW 83.100.070.

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

    Sec. 1.  RCW 83.100.070 and 1996 c 149 s 13 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 the date of payment.

    (2) Interest imposed under this section for periods after January 1, 1997, shall be computed at the rate as computed under RCW 82.32.050(2).  The rate so computed shall be adjusted on the first day of January of each year.

    (3) 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 responsible person, 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 adopt rules for the waiver or cancellation of the penalties imposed by this section.

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