HB 1011 revise certain provisions regarding the bank franchise tax.
State of South Dakota
|
EIGHTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY,
2008
|
400P0157
|
HOUSE BILL
NO.
1011
|
Introduced by:
The Committee on Taxation at the request of the Department of Revenue and
Regulation
|
FOR AN ACT ENTITLED, An Act to
revise certain provisions regarding the bank franchise
tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1.
That
§
10-43-30
be amended to read as follows:
10-43-30.
On or before the fifteenth day of January, April, July, and October of each year,
any
Any
person required to file and pay tax pursuant to this chapter and whose tax
year ends on
December thirty-first
liability in the previous year exceeded ten thousand dollars
shall file with
the Department of Revenue and Regulation a quarterly estimate of the amount of tax due for the
current year and make payment of the estimated amount
less any tax credit authorized pursuant
to §§ 10-43-78 to 10-43-86, inclusive. Any person who is required to file and pay tax pursuant
to this chapter and whose tax year ends on a date other than December thirty-first, shall file with
the Department of Revenue and Regulation a quarterly estimate of tax due for the current year
and make payment of the estimated amount less any tax credit authorized pursuant to §§ 10-43-
78 to 10-43-86, inclusive, on the fifteenth day of the month following the end of the quarter for
which the estimate is due
.
If the tax year of the person ends on December thirty-first, the
estimated amount shall be paid on or before the fifteenth day of January, April, July, and
October of each year. If the tax year of the person ends on a date other than December thirty-
first, the estimated amount shall be made on or before the fifteenth day of the month following
the end of the quarter for which the estimate is due.
In determining the amount of each quarterly
payment, the taxpayer shall estimate
his
the taxpayer's
total tax liability for the entire tax year
and make payment of one-fourth of the estimate
less one-fourth of any tax credit for the year
authorized pursuant to §§ 10-43-78 to 10-43-86, inclusive
.
Each taxpayer shall file the final return for the tax year within
ninety days after the end of
the tax year. If
fifteen days after the taxpayer's federal income tax return is due. For taxpayers
required to make quarterly estimated payments, if
the total quarterly estimated payments do not
equal ninety percent of the total tax due, then interest, but not penalty, accrues at the rate
provided in § 10-59-6 and is applied to the amount by which one-fourth of ninety percent of the
total tax due exceeds the amount of any quarterly estimate filed or required to be filed from the
time the estimate was due until finally paid. Neither interest nor penalty may be imposed on
quarterly estimates if each estimate equaled an amount which would have been required on that
date had the estimated tax been based upon the tax shown on the previous year's return.
Any tax due but not paid on the due date is delinquent and bears penalty and interest as
provided in § 10-59-6.
Section 2.
That
§
10-43-30.1
be amended to read as follows:
10-43-30.1.
Any taxpayer
may file for
shall receive
an extension of time to file the return
required by this chapter to a day not later than six months from the day the return was originally
due, if the taxpayer
has made a reasonable estimate of the amount of tax due and has paid that
amount with or prior to the request for extension of time to file. The taxpayer shall also have
filed for and received an extension of time to file his federal corporate tax return
:
(1) Files for an extension of time to file the taxpayer's federal income tax return;
(2) Files a copy of the federal income tax return extension request with the Department
of Revenue and Regulation; and
(3) Makes a reasonable estimate of the amount of tax due and pays that amount with or
prior to the request for extension of time to file
.
If the time for filing the return is extended at the request of the taxpayer, interest, but not
penalty, shall be added at the same rate as provided for in § 10-59-6 from the time the payments
were originally due until the taxes are paid.