HB 1357 -
By Representative Alexander
WITHDRAWN 03/07/2011
Beginning on page 1, line 7, strike all of section 1 and insert the following:
"Sec. 1 RCW 82.32.080 and 2010 c 111 s 304 and 2010 c 106 s 226
are each reenacted and amended to read as follows:
(1) When authorized by the department, payment of the tax may be
made by uncertified check under such rules as the department
prescribes, but, if a check so received is not paid by the bank on
which it is drawn, the taxpayer, by whom such check is tendered, will
remain liable for payment of the tax and for all legal penalties, the
same as if such check had not been tendered.
(2)(a) Except as otherwise provided in this subsection, payment of
the tax must be made by electronic funds transfer, as defined in RCW
82.32.085, if the taxpayer is required to file and remit its taxes on
a monthly or quarterly basis. As an alternative to electronic funds
transfer, the department may authorize other forms of electronic
payment, such as payment by credit card ((and e-check)). All taxes
administered by this chapter are subject to this requirement, except
((the taxes authorized by chapters 82.14A, 82.14B, 82.24, 82.29A, and
84.33 RCW. It is the intent of this subsection to require electronic
payment for those taxes reported on the department's combined excise
tax return or any successor return. The mandatory electronic payment
requirement in this subsection also applies to taxpayers who: (i) Are
subject to the tax imposed in RCW 82.04.257 but for whom the department
has authorized a tax reporting frequency that is less frequent than
monthly; or (ii) meet the threshold for filing and remitting taxes on
a monthly basis as established by rule of the department but for whom
the department has authorized a less frequent reporting frequency, when
such authorization became effective on or after July 26, 2009)) that
the department may exclude any taxes not reported on the combined
excise tax return or any successor return from the electronic payment
requirement in this subsection.
(b) The department, for good cause, may waive the electronic
payment requirement in this subsection for any taxpayer. In the
discretion of the department, a waiver under this subsection may be
made temporary or permanent, and may be made on the department's own
motion.
(c) The department is authorized to accept payment of taxes by
electronic funds transfer or other acceptable forms of electronic
payment from taxpayers that are not subject to the mandatory electronic
payment requirements in this subsection.
(3)(a) Except as otherwise provided in this subsection, returns
must be filed electronically using the department's online tax filing
service or other method of electronic reporting as the department may
authorize, if the taxpayer is required to file and remit its taxes on
a monthly or quarterly basis. ((The mandatory electronic filing
requirement in this subsection also applies to taxpayers who: (i) Are
subject to the tax imposed in RCW 82.04.257 but for whom the department
has authorized a tax reporting frequency that is less frequent than
monthly; or (ii) meet the threshold for filing and remitting taxes on
a monthly basis as established by rule of the department but for whom
the department has authorized a less frequent reporting frequency, when
such authorization became effective on or after July 26, 2009.))
(b) The department, for good cause, may waive the electronic filing
requirement in this subsection for any taxpayer. In the discretion of
the department, a waiver under this subsection may be made temporary or
permanent, and may be made on the department's own motion.
(c) The department is authorized to allow electronic filing of
returns from taxpayers that are not subject to the mandatory electronic
filing requirements in this subsection.
(4)(a)(i) The department, for good cause shown, may extend the time
for making and filing any return, and may grant such reasonable
additional time within which to make and file returns as it may deem
proper, but any permanent extension granting the taxpayer a reporting
date without penalty more than ten days beyond the due date, and any
extension in excess of thirty days must be conditional on deposit with
the department of an amount to be determined by the department which is
approximately equal to the estimated tax liability for the reporting
period or periods for which the extension is granted. In the case of
a permanent extension or a temporary extension of more than thirty days
the deposit must be deposited within the state treasury with other tax
funds and a credit recorded to the taxpayer's account which may be
applied to taxpayer's liability upon cancellation of the permanent
extension or upon reporting of the tax liability where an extension of
more than thirty days has been granted.
(ii) The department must review the requirement for deposit at
least annually and may require a change in the amount of the deposit
required when it believes that such amount does not approximate the tax
liability for the reporting period or periods for which the extension
is granted.
(b) During a state of emergency declared under RCW 43.06.010(12),
the department, on its own motion or at the request of any taxpayer
affected by the emergency, may extend the time for making or filing any
return as the department deems proper. The department may not require
any deposit as a condition for granting an extension under this
subsection (4)(b).
(5) The department must keep full and accurate records of all funds
received and disbursed by it. Subject to the provisions of RCW
82.32.105 and 82.32.350, the department must apply the payment of the
taxpayer first against penalties and interest, and then upon the tax,
without regard to any direction of the taxpayer.
(6) The department may refuse to accept any return that is not
accompanied by a remittance of the tax shown to be due thereon or that
is not filed electronically as required in this section. When such
return is not accepted, the taxpayer is deemed to have failed or
refused to file a return and is subject to the procedures provided in
RCW 82.32.100 and to the penalties provided in RCW 82.32.090. The
above authority to refuse to accept a return may not apply when a
return is timely filed electronically and a timely payment has been
made by electronic funds transfer or other form of electronic payment
as authorized by the department.
(7) Except for returns and remittances required to be transmitted
to the department electronically under this section and except as
otherwise provided in this chapter, a return or remittance that is
transmitted to the department by United States mail is deemed filed or
received on the date shown by the post office cancellation mark stamped
upon the envelope containing it. A return or remittance that is
transmitted to the department electronically is deemed filed or
received according to procedures set forth by the department.
(8)(a) For purposes of subsections (2) and (3) of this section,
"good cause" means the inability of a taxpayer to comply with the
requirements of subsection (2) or (3) of this section because:
(i) The taxpayer does not have the equipment or software necessary
to enable the taxpayer to comply with subsection (2) or (3) of this
section;
(ii) The equipment or software necessary to enable the taxpayer to
comply with subsection (2) or (3) of this section is not functioning
properly;
(iii) The taxpayer does not have access to the internet using the
taxpayer's own equipment;
(iv) The taxpayer does not have a bank account or a credit card;
(v) The taxpayer's bank is unable to send or receive electronic
funds transfer transactions; or
(vi) Some other circumstance or condition exists that, in the
department's judgment, prevents the taxpayer from complying with the
requirements of subsection (2) or (3) of this section.
(b) "Good cause" also includes any circumstance that, in the
department's judgment, supports the efficient or effective
administration of the tax laws of this state, including providing
relief from the requirements of subsection (2) or (3) of this section
to any taxpayer that is voluntarily collecting and remitting this
state's sales or use taxes on sales to Washington customers but has no
legal requirement to be registered with the department."
Correct the title.
EFFECT: Specifies that e-file and e-pay requirements will only be extended to quarterly filers.