There always seems to be an amnesty program going on somewhere, particularly if you know where to look.
States are aggressively pursuing delinquent taxpayers, while still making it relatively easy for them to come forward themselves. Last year, we wrote an article about some interesting amnesty programs in Connecticut (CT), Ohio (OH), and Rhode Island (RI).
Most amnesty programs allow for a waiver of penalties and a limitation on interest if businesses come forward under the terms of the program as specified by the state legislature. Most of the programs are limited in time (often only a two to three month window) and only cover certain taxes. Yet, with the right fact pattern, a company might benefit from engaging in such a program. But not always. As with most things related to multi-state tax issues, the answer may require a little more research and analysis.
Current Amnesty Programs
Connecticut’s “Fresh Start” amnesty program is currently active. It began on October 31, 2017 and will end on November 30, 2018. This program provides incentives to taxpayers to voluntarily come forward and pay unreported tax liabilities and is available to both individuals and businesses. For more information on this program, click here.
The other two states we discussed in the fall of 2017 (Rhode Island and Ohio) both ended their programs on February 15th.
Texas is on the horizon
Many of our clients sell products (and services) in Texas. Texas will begin an amnesty program beginning on May 1 and closing on June 29, 2018. This program provides delinquent taxpayers with relief from penalties and interest on tax due. It applies to periods prior to January 1, 2018, and includes only liabilities that have not been previously reported to the Texas Comptroller.
This amnesty program was passed by the Texas Legislature in 2017 and it requires the Comptroller of Public Accounts to establish a tax amnesty program to encourage voluntary reporting by:
- Delinquent taxpayers who do not have a Texas Sales and Use Tax Permit, or are not registered for a tax or fee administered by the Comptroller’s office; and
- Taxpayers who have a permit, but may have underreported or owe additional taxes or fees.
The amnesty program is the perfect opportunity for taxpayers to get into compliance. This program is only available for a limited time, so companies that want to participate should act fast. For more information on this program, click here.
That said, from our perspective, the amnesty doesn’t really provide additional benefit from what the state already allows under its voluntary disclosure program. So, again, performing a taxability exposure analysis early, and determining the best course of action is key – in Texas and other states!
We can help!
With all the establishment of various amnesties, it is a good time for companies to evaluate their situations (e.g., determining if your company has nexus or not) and whether it’s more beneficial to participate in amnesty or whether a traditional Voluntary Disclosure Agreement (VDA) with states where you may have nexus may be more advantageous.
We recommend to our clients that it’s not a good idea to act with haste. If you have any doubts about your company’s multistate tax filing situation, consult with professionals (like Miles Consulting Group) about your situation before acting on it.
