SB 656 — Relating to electronic filing of tax returns

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Red = new code to be enacted WEST virginia legislature regular session IntroducedEnrolled Senate Bill 656 By Senators Blair and Trump [Introduced[Passed FebruaryMarch 18,9, 2019;

Referred to thetake Committeeeffect onJuly Finance]1, A2019] BILLAN ACT to amend and reenact §11-10-5t and §11-10-5z of the Code of West Virginia, 1931, as amended;amended, all relating to electronic filing of tax returns and electronic funds transfers in payment of taxes;

and to amend and reenact §11-13V-7 of said code, all relating to electronic filing of tax returns and electronic funds transfers in payment of taxes;

Provided, That for tax years beginning on or after January 1, 2016 2019, no person may be required to pay any tax by electronic funds transfer if the amount owed for the tax during the preceding tax year was less than $25,000 $50,000; $50,000;

ARTICLE 13V.

WORKERS’ COMPENSATION DEBT REDUCTION ACT.

§11-13V-7.

Periodic installment payments of taxes imposed by this article;

exceptions.

(a) General rule.

—  Except as provided in subsection (b) of this section, taxes levied by this article are due and payable in periodic installments as follows:

(1) Tax of $50 or less per month.

—  If a person’s aggregate annual tax liability under this article and §11-13A-1 et seq.

of this code is reasonably expected to be $50 or less per month, no installment payments of tax are required under this section during that taxable year.

(2) Tax of more than $1,000 per month.

—  For taxpayers whose aggregate estimated tax liability under this article and §11-13A-1 et seq.

of this code exceeds $1,000 per month, the tax is due and payable in monthly installments on or before the last day of the month following the month in which the tax accrued:

Provided, That the installment payment otherwise due under this subdivision on or before June 30 each year shall be remitted to the Tax Commissioner on or before June each year.

When this subdivision applies, the taxpayer shall, on or before the due date specified in this subdivision, make out an estimate of the tax for which the taxpayer is liable for the preceding month, sign the estimate, and mail it together with a remittance, in the form prescribed by the Tax Commissioner, of the amount of tax due to the office of the Tax Commissioner:

Provided, however, That the installment payment otherwise due under this subdivision on or before June 30 each year shall be remitted to the Tax Commissioner on or before June 15.

(3) Tax of $1,000 per month or less.

—  For taxpayers whose estimated tax liability under this article is $1,000 per month or less, the tax is due and payable in quarterly installments on or before the last day of the month following the quarter in which the tax accrued.

When this subdivision applies, the taxpayer shall, on or before the last day of the fourth, seventh, and 10th months of the taxable year, make out an estimate of the tax for which the taxpayer is liable for the preceding quarter, sign the same, and mail it together with a remittance, in the form prescribed by the Tax Commissioner, of the amount of tax due to the office of the Tax Commissioner.

(b) Exception.

—  Notwithstanding the provisions of subsection (a) of this section, the Tax Commissioner, if he or she considers it necessary to ensure payment of the tax, may require the return and payment under this section for periods of shorter duration than those prescribed in subsection (a) of this section.

(c) Remittance by electronic funds transfer.

—  When the taxpayer’s annual aggregate liability for tax under this article and §11-13A-1 et seq.

of this code exceeds $50,000 for the prior tax year, payments of estimated tax required by this article and §11-13A-1 et seq.

of this code during the then current tax year shall be by electronic funds transfer, in accordance with rules of the Tax Commissioner and rules of the State Treasurer, except as otherwise permitted by the Tax Commissioner:

Provided, That for tax years beginning on or after January 1, 2016 2019, when the taxpayer’s annual aggregate liability for tax under this article and §11-13A-1 et seq.

of this code exceeds $25,000 $50,000 for the prior tax year, payments of estimated tax required by this article and §11-13A-1 et seq.

of this code during the then current tax year shall be by electronic funds transfer, in accordance with rules of the Tax Commissioner and rules of the State Treasurer, except as otherwise permitted by the Tax Commissioner.

  NOTE:

The purpose of this bill is to raise to $50,000 the tax liability threshold at which taxpayers must file and pay electronically.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.