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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
February 27, 2008
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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