Kentucky 2022 Regular Session

Kentucky Senate Bill SB285

Introduced
3/2/22  
Refer
3/2/22  
Refer
3/3/22  
Report Pass
3/16/22  
Engrossed
3/18/22  
Refer
3/18/22  
Refer
3/21/22  
Report Pass
3/22/22  

Caption

AN ACT relating to the confidentiality of tax information.

Impact

The impacts of SB285 on state laws are significant as it centralizes control over the management and confidentiality of tax information within tax districts. By enforcing strict penalties for non-compliance and unauthorized disclosures, the bill aims to enhance the integrity and trust in the local tax system. Furthermore, as business entities face harsher penalties for failures in tax compliance, there is a clear intent to encourage timely and accurate tax reporting, potentially leading to increased revenue for the state. However, this might also intensify the scrutiny of businesses, thereby raising compliance costs.

Summary

SB285 aims to amend KRS 67.790, addressing the confidentiality of tax information. The bill outlines various penalties for business entities that fail to file tax returns or pay taxes on time, establishing a penalty of 5% of the tax due for each month of non-compliance, with a cap of 25% of the total tax owed. It also stipulates that personal debt arises from unpaid taxes, reinforcing the financial responsibility of business entities towards tax authorities. Importantly, the act emphasizes the confidentiality obligations of tax officials and outlines penalties for unauthorized disclosure of taxpayer information.

Sentiment

Overall sentiment towards SB285 appears to be supportive among those in legislative circles who emphasize the importance of tax compliance and confidentiality. Legislators argue that enhancing the penalties can boost compliance rates among business entities, thus benefiting fiscal stability. However, there are concerns raised by certain advocacy groups about the implications of heightened penalties and the potential burden this could place on smaller businesses that may struggle with compliance, indicating a mixed sentiment depending on the stakeholder perspective.

Contention

Notable points of contention include the balance between ensuring tax compliance and protecting taxpayer rights to confidentiality. Some argue that the penalties for tax officials violating confidentiality could deter necessary whistleblower actions, while others maintain that protecting tax information is paramount for maintaining public trust in the tax system. Additionally, there are concerns that the penalties for businesses may disproportionately affect smaller entities, leading to calls for a more graduated penalty system that takes into account the varying capacities of businesses to comply with tax regulations.

Companion Bills

No companion bills found.

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