Z-1267               _______________________________________________

                                                   HOUSE BILL NO. 2344

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Wang, Holland, Horn, Grant, Schoon, Van Luven and Phillips; by request of Department of Revenue

Read first time 1/10/90 and referred to Committee on Revenue.

AN ACT Relating to the payment of taxes by electronic funds transfer; amending RCW 82.32.080; adding a new section to chapter 82.32 RCW; and providing an effective date.

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

        Sec. 1.  Section 82.32.080, chapter 15, Laws of 1961 as last amended by section 18, chapter 299, Laws of 1987 ex. sess. and RCW 82.32.080 are each amended to read as follows:

          Payment of the tax may be made by uncertified check under such regulations as the department shall prescribe, 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, shall remain liable for payment of the tax and for all legal penalties, the same as if such check had not been tendered.

Payment of the tax is to be made by electronic funds transfer if the amount of the tax due in a calendar year is two hundred forty thousand dollars or more.  The department may by rule provide a higher tax threshold before the use of electronic funds transfer is mandatory.  All taxes administered by this chapter are subject to this requirement except the taxes authorized by chapters 82.14A, 82.14B, 82.24, 82.27, 82.29A, and 84.33 RCW.

          A return or remittance which is transmitted to the department by United States mail shall be deemed filed or received on the date shown by the post office cancellation mark stamped upon the envelope containing it, except as otherwise provided in this chapter.

          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 shall be conditional on deposit with the department of an amount to be determined by the department which shall be 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 shall 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.

          The department shall 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.

          The department shall 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 shall apply the payment of the taxpayer first against penalties and interest, and then upon the tax, without regard to any direction of the taxpayer.

          The department may refuse to accept any return which is not accompanied by a remittance of the tax shown to be due thereon.   When such return is not accepted, the taxpayer shall be deemed to have failed or refused to file a return and shall be 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 shall not apply when a return is timely filed and a timely payment has been made by electronic funds transfer.

NEW SECTION. Sec. 2.  A new section is added to chapter 82.32 RCW to read as follows:

          "Electronic funds transfer" means any transfer of funds, other than a transaction originated by check, drafts, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.

          The electronic funds transfer is to be completed so that the state receives collectible funds on or before the due date.

          The department shall adopt rules necessary to implement the provisions of RCW 82.32.080 and this section.  The rules shall include but are not limited to:  (1) Coordinating the filing of tax returns with payment by electronic funds transfer; (2) form and content of electronic funds transfer; and (3) voluntary use of electronic funds transfer with permission of the department.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.     This act shall take effect January 1, 1991.