For Immediate Release
July 15, 2004
Texas – Comptroller Empowers Revenue Accounting Division with Penalty Waiver AuthoritY
The
Texas Comptroller of Public Accounts has
given its Revenue Accounting Division initial authority to waive
penalty and interest on past due tax filings.
Standards
have been set for determining whether to deny a penalty waiver request.
Facts that must be taken into account include:
̃
If
the Taxpayer is current in the filing of all of its tax returns;
̃
If
the Taxpayer is current in the payment of all taxes and fees die to the
state;
̃
If
a penalty has been waived previously and, if so, why;
̃
If
the Taxpayer has a good record of timely filing and paying past returns;
and
̃
If
the Taxpayer has taken the proper action to correct the problem for future
filings.
The
Comptroller has also updated its regulations on procedures for
redeterminations and refund hearings, and other administrative remedy
processes. In brief, they
are:
1.
Refund
Hearing
– a written request for a refund hearing must be filed within 30 days
from the date of denial of the claim; A
Taxpayer may request an extension.
2.
Redetermination
Hearing - when a Taxpayer requests a redetermination hearing, the
Comptroller may request the Taxpayer to submit documentary evidence
supporting its Statement of Grounds.
The request may specify the Taxpayer submit resale or exemption
certificates to support tax-free sales within 60 days.
3.
Reply
to a Position Letter - a
written demand notice may be issued to a Taxpayer after its original due
date requesting the Taxpayer to produce all documentary evidence within a
certain period of time, not less than 180 days.
Taxpayers who fail to produce the documents may not introduce them
into evidence at a later date.
If you would like additional information on this topic or have any questions, please contact David Rohlmeier, Regional Vice President - Sales & Use Tax Group at (469)364-9600. E-mail drohlmeier@thesaltgroup.com
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