09
LC 18 8112S/AP
House
Bill 334 (AS PASSED HOUSE AND SENATE)
By:
Representatives Knight of the
126th,
Peake of the
137th,
O`Neal of the
146th,
Roberts of the
154th,
and Mosby of the
90th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia
Annotated, relating to administration of revenue and taxation, so as to change
certain provisions regarding forms of payment; to provide for penalties when
taxpayers who are required to file electronically do not do so; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating
to administration of revenue and taxation, is amended in subsection (f) of Code
Section 48-2-32, relating to forms of payment, by revising paragraph (2.1) to
read as follows:
"(2.1)(A)
The commissioner may require that any person or business owing more than
$5,000.00
$1,000.00
in connection with any return, report, or other document pertaining to sales
tax, use tax, withholding tax, or motor fuel distributor tax required to be
filed with the department
for tax
periods beginning on or after
July 1,
2006
January 1,
2010, and prior to January 1, 2011, shall
pay any such sales tax, use tax, withholding tax, or motor fuel distributor tax
liability to the state by electronic funds transfer so that the state receives
collectable funds on the date such payment is required to be made. In emergency
situations, the commissioner may authorize alternative means of payment in funds
immediately available to the state on the date of payment.
(B)
The commissioner may require that any person or business owing more than $500.00
in connection with any return, report, or other document pertaining to sales
tax, use tax, withholding tax, or motor fuel distributor tax required to be
filed with the department for tax periods beginning on or after January 1, 2011,
shall pay any such sales tax, use tax, withholding tax, or motor fuel
distributor tax liability to the state by electronic funds transfer so that the
state receives collectable funds on the date such payment is required to be
made. In emergency situations, the commissioner may authorize alternative means
of payment in funds immediately available to the state on the date of
payment."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"48-2-44.1.
(a)
When this title requires that any return pertaining to sales tax, use tax,
withholding tax, or motor fuel distributor tax be electronically transmitted or
filed, or provides that the commissioner may by rule or regulation require that
any return pertaining to sales tax, use tax, withholding tax, or motor fuel
distributor tax be electronically transmitted or filed, and a taxpayer fails to
electronically transmit or file such return, the taxpayer shall be deemed to
have failed to make the required filing; provided, however, that any such
taxpayer whose electronic filing was first transmitted on or before the due date
of the return, including any extensions, and was rejected shall be allowed to
perfect the electronic filing under rules consistent with those applied by the
Internal Revenue Service with respect to rejections of returns which are
required to be electronically transmitted or filed. Such deemed failure to make
the required filing shall also result in the forfeiture of the compensation of
dealers for reporting and paying tax provided in Code Section 48-8-50 since such
Code section provides such compensation only if such return is timely filed.
The penalty imposed on the taxpayer for such failure shall be the greater of
$25.00 for each such return or 5 percent of the tax due on each such return
before application of any payments or credits. Such $25.00 penalty or 5 percent
penalty amount shall be consistent with the penalty imposed on the failure to
file a withholding tax return as provided in Code Section 48-7-126.
(b)
The commissioner may grant waivers of the requirements of this Code section in
cases of undue hardship.
(c)
No penalties shall be assessed pursuant to this Code section upon a showing by
the taxpayer or the tax return preparer that the failure was due to reasonable
cause and not due to gross or willful neglect or disregard of the law or of
regulations or instructions issued pursuant to the
law."
SECTION
3.
This
Act shall become effective on January 1, 2010.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.