Revise statute of limitations for assessment of income tax deficiency
Impact
The introduction of SB427 could significantly reduce the window in which the state can assess tax deficiencies. Currently, there are provisions that allow for more extended assessments in certain circumstances. By narrowing this timeframe, the bill could improve taxpayer rights and offer protections against indefinite tax liabilities, fostering a more equitable tax landscape. This legislative adjustment is particularly important in the context of historical frustrations among taxpayers regarding the unpredictability of tax obligations and the potential for retroactive assessments.
Summary
Senate Bill 427 aims to revise the statute of limitations regarding the assessment of income tax deficiencies. The bill stipulates that any deficiency in income tax must be assessed within three years of filing a return. This change seeks to provide a clearer timeline for taxpayers regarding when they can expect potential tax assessments from the Department of Revenue, thereby enhancing taxpayer certainty and predictability around their tax obligations. The revised statute, once effective, will apply to income tax years beginning after December 31, 2023, which allows for a transition period for both taxpayers and the Department.
Contention
Notable points of contention surrounding SB427 may arise from stakeholders who argue that the shorter statute of limitations might inhibit the Department of Revenue's ability to collect owed taxes, particularly in cases where fraud or significant inaccuracies in tax filings are suspected. Some legislative members might voice concerns that while the bill favors taxpayer interests, it also risks reducing state revenue generation capabilities, leading to potential budgetary constraints. Balancing the interests of ensuring fair taxation without overburdening taxpayers will likely be a subject of significant debate in the legislative process.
Eliminates period of limitation for deficiency assessment under corporation business tax when taxpayer fails to notify Division of Taxation of an income change on their federal tax return and prohibits claim for refund in such circumstance.