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S. 1127

STATUS INFORMATION

Concurrent Resolution
Sponsors: Senators Leventis, Hutto, Cromer, Short, Knotts, Leatherman, Courson, Drummond and Ryberg
Document Path: l:\council\bills\bbm\10404htc08.doc

Introduced in the Senate on February 20, 2008
Introduced in the House on February 26, 2008
Adopted by the General Assembly on February 28, 2008

Summary: Tax returns

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/20/2008  Senate  Introduced, placed on calendar without reference SJ-6
   2/21/2008  Senate  Adopted, sent to House SJ-65
   2/26/2008  House   Introduced HJ-9
   2/26/2008  House   Referred to Committee on Invitations and Memorial 
                        Resolutions HJ-9
   2/27/2008  House   Committee report: Favorable Invitations and Memorial 
                        Resolutions HJ-3
   2/28/2008  House   Adopted, returned to Senate with concurrence HJ-85

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VERSIONS OF THIS BILL

2/20/2008
2/20/2008-A
2/27/2008

COMMITTEE REPORT

February 27, 2008

S. 1127

Introduced by Senators Leventis, Hutto, Cromer, Short, Knotts, Leatherman, Courson, Drummond and Ryberg

S. Printed 2/27/08--H.

Read the first time February 26, 2008.

To whom was referred a Concurrent Resolution (S. 1127) to request the Department of Revenue in exercising its administrative discretion with respect to the penalty that it may impose on a tax preparer for failure to submit tax, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

ROBERT W. LEACH, SR. for Committee.

TO REQUEST THE DEPARTMENT OF REVENUE IN EXERCISING ITS ADMINISTRATIVE DISCRETION WITH RESPECT TO THE PENALTY THAT IT MAY IMPOSE ON A TAX PREPARER FOR FAILURE TO SUBMIT TAX RETURNS ELECTRONICALLY WHERE REQUIRED TO DELAY IMPOSING A PENALTY BEFORE RETURNS DUE TO BE FILED AFTER DECEMBER 31, 2008, AND TO REQUEST THE DEPARTMENT TO FORGIVE AND REFUND ANY PENALTIES IMPOSED FOR FAILURE TO COMPLY BEFORE THAT DATE.

Whereas, in Section 20 of Act 161 of 2005, Section 12-54-250 of the 1976 Code was amended by adding a new subsection (F) to that section; and

Whereas, Section 12-54-250(F) required tax preparers who prepare one hundred or more returns to submit those returns electronically or using a 2D barcode where these methods are available; and

Whereas, compliance issues have arisen that should be reflected in the Department of Revenue's enforcement of this new requirement; and

Whereas, pursuant to the terms of Section 12-54-250(F) of the 1976 Code, the imposition of the noncompliance penalty of fifty dollars for each return is within the discretion of the Department of Revenue. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, request the Department of Revenue in exercising its administrative discretion with respect to the penalty that it may impose on a tax preparer for failure to submit tax returns electronically where required to delay imposing a penalty before returns due to be filed after December 31, 2008, and to request the department to forgive and refund any penalties imposed for failure to comply before that date.

Be it further resolved that a copy of this resolution be forwarded to the Honorable Ray N. Stevens, Director of the Department of Revenue, Post Office Box 125, Columbia, South Carolina 29214.

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