CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5121

Chapter 136, Laws of 1997

55th Legislature

1997 Regular Session

ESTATE TAXES--WAIVER OR CANCELLATION OF INTEREST OR PENALTIES ON EXCUSED RETURNS

EFFECTIVE DATE: 7/27/97

Passed by the Senate March 11, 1997

YEAS 46 NAYS 0

BOB MORTON

President of the Senate

Passed by the House April 10, 1997

YEAS 98 NAYS 0

CERTIFICATE

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5121 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD

Speaker of the

House of Representatives

MIKE O'CONNELL

Secretary

Approved April 22, 1997

FILED

April 22, 1997 - 4:35 p.m.

GARY LOCKE

Governor of the State of Washington

Secretary of State

State of Washington

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SUBSTITUTE SENATE BILL 5121

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Passed Legislature - 1997 Regular Session

State of Washington 55th Legislature 1997 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Johnson, Newhouse and Winsley)

Read first time 03/03/97.

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. 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.