By: Darby (Senate Sponsor - Bettencourt) H.B. No. 3232
(In the Senate - Received from the House May 8, 2017;
May 9, 2017, read first time and referred to Committee on Finance;
May 15, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; May 15, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the penalty imposed on certain delinquent oil and gas
severance taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.351, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), a person is not
subject to a penalty under Subsection (a) if:
(1) the delinquent tax results from the person's
filing of an amended report with the comptroller for a timely filed
original report under Section 201.203 or 201.2035;
(2) the person timely paid the full amount of tax due
as indicated in the original report;
(3) the amount of additional tax due as a result of all
amended reports for the original report does not exceed 25 percent
of the tax due as indicated in the original report;
(4) the person resolves all errors identified by the
comptroller on the amended or original report that could affect the
amount of tax due on that report not later than the 60th day after
the date on which the amended or original report, as applicable, is
filed; and
(5) the person files the amended report not later than
the 730th day after the date on which the original report was due
and remits the full amount of the additional tax due with the
amended report.
SECTION 2. Section 202.301, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) Notwithstanding Subsections (a) and (b), a person is not
subject to a penalty under Subsection (a) if:
(1) the delinquent tax results from the person's
filing of an amended report with the comptroller for a timely filed
original report under Section 202.201 or 202.202;
(2) the person timely paid the full amount of tax due
as indicated in the original report;
(3) the amount of additional tax due as a result of all
amended reports for the original report does not exceed 25 percent
of the tax due as indicated in the original report;
(4) the person resolves all errors identified by the
comptroller on the amended or original report that could affect the
amount of tax due on that report not later than the 60th day after
the date on which the amended or original report, as applicable, is
filed; and
(5) the person files the amended report not later than
the 730th day after the date on which the original report was due
and remits the full amount of the additional tax due with the
amended report.
SECTION 3. Sections 201.351(c) and 202.301(c), Tax Code, as
added by this Act, apply to delinquent tax owed as a result of an
amended report filed with the comptroller on or after the effective
date of this Act, regardless of the date on which the original
report was due.
SECTION 4. This Act takes effect January 1, 2018.
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