Montana 2023 Regular Session

Montana Senate Bill SB303

Introduced
2/8/23  
Refer
2/9/23  
Refer
3/10/23  
Engrossed
3/17/23  
Refer
3/21/23  
Refer
4/18/23  
Enrolled
4/24/23  

Caption

Revise witholding penalties for certain taxes

Impact

The introduction of SB303 represents a significant change in the enforcement of tax reporting in Montana. By amending existing laws, the bill ensures that employers who fail to comply with tax withholding requirements face increased financial penalties. This move is intended to enhance tax compliance and improve state revenue collection mechanisms. The legislation particularly emphasizes the importance of timely filing and accurate reporting of wage and tax statements, which is crucial for maintaining the integrity of the tax system. The rulemaking authority granted under the bill allows the Department of Revenue to implement necessary regulatory measures to uphold these standards.

Summary

Senate Bill 303 (SB303) is a legislative act that aims to increase penalties for noncompliance with tax withholding reporting requirements in the state of Montana. It amends sections of the Montana Code Annotated (MCA) related to violations by employers and remitters regarding wage and tax statements. Specifically, the bill proposes to raise penalties for failing to furnish these statements, with minimum penalties adjusted to ensure greater accountability among employers and remitters subject to tax withholding laws. Additionally, the bill establishes conditions under which these penalties may be waived, promoting compliance while imposing stricter consequences for repeated violations.

Sentiment

The sentiment surrounding SB303 appears to be largely supportive among legislators focused on improving tax compliance and ensuring fairness in the taxation process. Advocates believe that the increased penalties will discourage noncompliance and protect state revenue. However, there are concerns among some stakeholders regarding the potential burden placed on smaller businesses, who may struggle to meet the heightened reporting requirements. The conversations around this bill reflect a common balancing act in tax legislation: enforcing compliance while ensuring that the regulations do not disproportionately impact businesses with limited resources.

Contention

One of the notable points of contention regarding SB303 relates to the extent of penalties imposed on employers and remitters who fail to comply with tax withholding requirements. Critics argue that while the intent to enforce compliance is important, the increased penalties may be excessively punitive. They suggest that a more graduated penalty system may be a more equitable approach, allowing for first offenses to be met with lesser penalties. Additionally, the provision for waivers, while potentially beneficial, raised questions about the criteria and process, which could lead to variability in enforcement and compliance expectations.

Companion Bills

No companion bills found.

Previously Filed As

MT HB2411

Decreasing the penalties for employer failing to timely remit employee withholding income taxes.

MT SB545

Provides relative to withholding taxes on individual income tax returns. (6/30/12)

MT HB1685

Business local; taxes, penalties.

MT HB447

Provide for exceptions to imposition of income tax on certain nonresidents

MT HF2

Paid family, bonding, and applicant's serious medical condition benefits provided; employment leaves regulated and required; income tax withholdings authorized and taxes imposed; penalties authorized; actuarial report required; and money appropriated.

MT SB233

Revises provisions governing taxes imposed on certain heavy equipment. (BDR 32-87)

MT SB20

Generally revise laws related to alcohol

MT SB532

Revise regulation and taxation of large emission sources

MT SB449

Provide limitations on collections of taxes

MT HB123

Pharmacy Board, continued until October 1, 2026; membership and duties of board revised and penalties for violations revised, pursuant to the Sunset Law

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