MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Ways and Means

By: Representative Smith (39th)

House Bill 1356

AN ACT TO AMEND SECTION 27-61-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE RATE OF INTEREST THAT MAY BE IMPOSED FOR LATE PAYMENT OR NONPAYMENT OF THE FUEL TAX SHALL BE THE RATE OF INTEREST PROVIDED FOR IN THE INTERNATIONAL FUEL TAX AGREEMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 27-61-31, Mississippi Code of 1972, is amended as follows:

     27-61-31.  (1)  All administrative provisions of the Mississippi Sales Tax Law, including those which fix damages, penalties and interest for nonpayment of taxes, failure to file returns and for other noncompliance with the provisions of * * *said the sales tax law, and all other requirements and duties imposed upon taxpayers, shall apply to all persons liable for taxes under the provisions of this chapter, and the * * *commission department shall exercise all the power and authority and perform all the duties with respect to taxpayers under this chapter as are provided in * * *said the sales tax law, except that in cases of conflict, then the provisions of this chapter shall control.

     (2)  Interest at the rate * * *of one percent (1%) per month, or fraction thereof, provided for in the International Fuel Tax Agreement may be assessed for the late payment or nonpayment of taxes under this chapter.  A penalty of Fifty Dollars ($50.00) or ten percent (10%) of the tax due, whichever is greater, may be assessed for the failure to file a report, the late payment of taxes or the failure to pay taxes.

     SECTION 2.  This act shall take effect and be in force from and after October 1, 2014.