(Senate) Sub Bill Introduced – Harmful amendments included

Posted on: December 2nd, 2014

Per an email sent by Michelle Jordan to all DATA members on December 2, 2014:

“Dear DATA members:

Today, the Senate Ways and Means Committee introduced a Sub bill, a new version of HB 5 that contains amendments that the Senate determined were appropriate to include in this legislation.   Attached you will find a listing of the amendments that the Senate Ways and Means Committee has decided to include in the Sub version of this bill.   (Titled “HB 5 Sub Bill in Senate Ways.doc)    Many of these amendments make this bill more harmful to revenue and processes than the bill already was.

As you go through this listing, you can compare this to the analysis that was prepared from the amendments. (Titled “Amendment Review 12 1 14).  We went through every amendment and provided our concerns on each.   This was included in the testimony of Mindy Frank, circulated to you earlier today.  

I have also included a copy of the Senate’s “list of amendments” that they were working from.  This is a working document that the Senate used as they were gathering amendments for the bill.   It provides the analysis of each bill as provided by the person / entity submitting the amendment for consideration.   

Also attached you will find copies of all of the amendments that were provided by the Senate.  Some of the amendments did not have language provided to us. 

This bill will have a hearing tomorrow morning, and possibly be voted out of committee tomorrow.

As this bill moves through the process, it is possible that additional amendments could be added, or removed.    I will provide an update after tomorrow’s hearing.

I have a hard copy of the Sub bill, and hope to have an electronic version to distribute tomorrow.

More to follow tomorrow morning…….

Michelle”

Summaries/Reviews

AMENDMENT REVIEW 12 1 14
LISTING OF AMENDMENTS

HB 5 Sub Bill in Senate Ways

Amendments

130HB5-3529 (3) Exemption for payments from pensions
130HB5-3530 (3) Alternative apportionment method requests
130HB5-3530 Alternative apportionment method request
130HB5-3533 (3) Consolidated returns
130HB5-3539 (4) Occasional entrant rule
130HB5-3535 (4) NOL Carryforward 1 3 5
130HB5-3601 Qualifying wages definition and 25 factor residency test
130HB5-3660 Taxpayer bill of rights
130HB5-3615 Reporting of employees affected by 20day rule
130HB5-3596 Eliminate throwback rule
130HB5-3666 Ordinances and rules not enforceable until published
130HB5-3665 Problem resolution officer
130HB5-3664 Electing to file a consolidated return
130HB5-3663 Forced consolidated returns for affiliated groups
130HB5-3662 Appeal of denied refund claims
130HB5-3661 Mailbox rule
130HB5-3687X2 Budget Stabilization Fund
130HB5-3673 Constitutional authority for act
130HB5-3672 Make all penalties discretionary
130HB5-3672 (1) Make alll penalties discretionary
130HB5-3671 Limit the number of attachments to tax returns
130HB5-3668 (2) Throwback rule
130HB5-3668 (1) Throwback rule
130HB5-3667X1 Credit for certain nonresidents taxpayers
130HB5-am3728 Exemption for pension benefits and payments
130HB5-AM3726 Exemption for pension benefits and payments
130HB5-3920 Lower minimum payment from $10 to $5
130HB5-3910 Prohibit evaluations or quotas
130HB5-3902 Withholding under the occasional entrant rule
130HB5-3894 Municipal income tax revenue disclosures
130HB5-3892 Employee business expenses deduction
130HB5-3889 Allow but not require estimated tax payments
130HB5-3888 Remove penalties related to estimated payments
130HB5-3887 Due date for extended return
130HB5-3870 Incumbent local exchange carrier consolidated filing
130HB5-3862 Home rule issues
130HB5-3845 Throwback rule reinstate current law
130HB5-3844 Exemption for payments from pension plans
130HB5-3843 Net operating loss carryforward 1 3 5
130HB5-3841 Net operating loss carryforwards 3 5
130HB5-3829X1 (3)
130HB5-3829 (5) NOL pass through offsets
130HB5-3806X1 (1) Certified mail
130HB5-3806 (5) Written determination
130HB5-3804 (1) Raise municipal tax rate allowable by ordinance
130HB5-3788 Membership on OBG
130HB5-3787 Offer in compromise criteria
130HB5-3779 (3) Study review committee
130HB5-3775 (2) Occasional entrant gross receipt threshold
130HB5-3773 (2) Taxpayer residency test
130HB5-3771X1 (2)
130HB5-3771 (3) Exemption for payments from pensions
130HB5-3771 (2) Exemptions for payments from pensions
130HB5-3768X2 Alternative apportionment method procedures
130HB5-3764 Loss offsets and NOL carryforwards
130HB5-3725 Assessment and statutory lien procedure
130HB5-3719 Affidavit from businesses no longer subject to tax
130HB5-3718 Alternative apportionment notice requirement
130HB5-3711X1 (6) Apply 20 day casula entrant rule to all compensation
130HB5-3710 Offer in compromise criteria
130HB5-3703 Automatic filing extension
130HB5-3703 Automatic filing extension (2)
130HB5-3698X1 Increase net profits tax filing threshold
130HB5-3695 Increase annual estimated tax payment threshold to $200