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NC S437
Bill
Status
3/26/2013
Primary Sponsor
Daniel Clodfelter
Click for details
AI Summary
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Amends G.S. 105-236(a)(3) to clarify that the failure to file penalty applies only to the "net amount of tax due" rather than the gross tax amount.
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Prohibits the Department of Revenue from assessing a penalty on taxes that were paid timely, even if other portions of a return were filed late.
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Requires the Department to refund failure to file penalties previously assessed based on timely-paid taxes and cancel assessments where all taxes were paid on time.
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For outstanding assessments calculated on timely-paid taxes, the Department must cancel the assessment and may only assess a penalty on the actual net amount due.
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Section 2 of the act aligns with provisions in S.L. 2012-79, while the remainder takes effect upon enactment.
Legislative Description
Stop Harsher Reinterpretation of Tax Penalty
Last Action
Ref To Com On Finance
3/27/2013