Senate Bill 2440

AN ACT TO AMEND SECTION 27-3-79, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF REVENUE TO ESTABLISH AN AMNESTY PROGRAM FOR TAXPAYERS HAVING AN UNPAID TAX LIABILITY DUE AFTER JANUARY 1, 2005, AND BEFORE DECEMBER 21, 2015; TO PROVIDE THAT THE PROGRAM SHALL BEGIN ON SEPTEMBER 1 2017, AND END ON DECEMBER 31, 2017; TO PROVIDE THAT TAX AMNESTY SHALL BE AVAILABLE TO ANY TAXPAYER WHO IS LIABLE FOR TAXES ADMINISTERED BY THE DEPARTMENT, INCLUDING, BUT NOT LIMITED TO, TAXPAYERS SUBJECT TO TAX-RELATED CRIMINAL INVESTIGATIONS OR PROSECUTION, TO INTEREST AND PENALTIES COLLECTED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT OR INTERNATIONAL REGISTRATION PLAN, TO ESTIMATED PAYMENTS MADE UNDER THE MISSISSIPPI INCOME TAX WITHHOLDING LAW OF 1968 OR TO ANY TAXPAYER WHO PARTICIPATED IN THE 2004 TAX AMNESTY PROGRAM; TO PROVIDE THAT ALL INTEREST AND PENALTIES THAT HAVE ACCRUED SINCE A LIABILITY BECAME A FINALLY DETERMINED TAX LIABILITY SHALL BE WAIVED FOR AN ELIGIBLE TAXPAYER WHO MAKES A TOTAL PAYMENT OF THE ORIGINAL TAX LIABILITY DURING THE AMNESTY PERIOD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-3-79, Mississippi Code of 1972, is amended as follows:

27-3-79. (1) The * * *~~State Tax Commission~~ Department of Revenue shall develop and implement a tax amnesty program in accordance with the provisions of this section. The program shall begin on September 1, 2004, and end on December 31, 2004. The program shall apply to all taxes that are required to be collected by the * * *~~State Tax Commission~~ Department of Revenue or commissioner and that were first due and payable for the year 1999 and after. Tax amnesty shall be available to any individuals or corporations who are liable for those taxes and who have failed to pay all or any portion of their taxes, failed to file returns or filed inaccurate returns; however, tax amnesty shall not be available to individuals or corporations subject to tax-related criminal investigations or prosecution, or where the taxes have been previously assessed by the * * *~~commission~~ department, or to estimated tax payments required to be made under Section 27-7-319. All civil and criminal penalties for nonpayment of taxes, including the penalties set forth in subsection (2) of this section, shall be waived for any eligible individual or corporation who, during the tax amnesty period, makes total payment of the taxes due. The * * *~~State Tax Commission~~ Department of Revenue is authorized to do all things necessary to carry out the tax amnesty programs that are not inconsistent with this section.

(2) The Department of Revenue shall establish an amnesty program for taxpayers having an unpaid tax liability due after January 1, 2005, and before December 31, 2015. The amnesty program shall begin on September 1, 2017, and end on December 31, 2017. Tax amnesty shall be available to any taxpayer who is liable for taxes administered by the department and who has failed to pay all or any portion of their taxes, failed to file returns, or filed inaccurate returns. Notwithstanding the other provisions in this subsection, tax amnesty shall be available to taxpayers subject to tax-related criminal investigations or prosecution, to interest and penalties collected under the International Fuel Tax Agreement or International Registration Plan, to estimated tax payments required to be made under Section 27-7-319, or to any taxpayer who participated in the 2004 amnesty program. All interest and penalties that have accrued since a liability became a finally determined tax liability shall be waived for any eligible taxpayer who, during the tax amnesty period, makes total payment of the original amount of the finally determined tax liability. The department is authorized to do all things necessary to carry out the tax amnesty program that is not inconsistent with this section.

( * * *23) Any person eligible for the tax amnesty program and who fails to make total payment of the taxes due during the tax amnesty period, or any person who willfully attempts in any manner to evade or defeat any tax imposed by the State Tax Commission or the Department of Revenue, or assists in the evading of that tax or the payment thereof, including violations determined under Section 27-3-80, shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than One Hundred Thousand Dollars ($100,000.00) and, in the case of a corporation, not more than Five Hundred Thousand Dollars ($500,000.00), or imprisoned not more than five (5) years, or both.

( * * *34) Any prosecutions for tax evasion as described in this section shall be begun within six (6) years next after the statutory due date for the taxes in issue.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.