Returns; due date; estimated payments; electronic funds transfers;
penalties
Sec. 1. (a) Except as provided in subsections (c) through (e), a
taxpayer shall file utility receipts tax returns with, and pay the
taxpayer's utility receipts tax liability to, the department by the due
date of the estimated return. A taxpayer who uses a taxable year that
ends on December 31 shall file the taxpayer's estimated utility
receipts tax returns and pay the tax to the department on or before
April 20, June 20, September 20, and December 20 of the taxable
year. If a taxpayer uses a taxable year which does not end on
December 31, the due dates for filing estimated utility receipts tax
returns and paying the tax are on or before the twentieth day of the
fourth, sixth, ninth, and twelfth months of the taxpayer's taxable year.
(b) With each return filed, with each payment by cashier's check,
certified check, or money order delivered in person or by overnight
courier, and with each electronic funds transfer made, a taxpayer
shall pay to the department twenty-five percent (25%) of the
estimated or the exact amount of utility receipts tax that is due.
(c) If a taxpayer's estimated annual utility receipts tax liability
does not exceed one thousand dollars ($1,000), the taxpayer is not
required to file an estimated utility receipts tax return.
(d) If the department determines that a taxpayer's:
(1) estimated quarterly utility receipts tax liability for the
current year; or
(2) average estimated quarterly utility receipts tax liability for
the preceding year;
exceeds ten thousand dollars ($10,000), the taxpayer shall pay the
estimated utility receipts taxes due by electronic funds transfer (as
defined in IC 4-8.1-2-7) or by delivering in person or by overnight
courier a payment by cashier's check, certified check, or money order
to the department. The transfer or payment shall be made on or
before the date the tax is due.
(e) If a taxpayer's utility receipts tax payment is made by
electronic funds transfer, the taxpayer is not required to file an
estimated utility receipts tax return.
(f) The penalty prescribed by IC 6-8.1-10-2.1(b) shall be assessed
by the department on taxpayers failing to make payments as required
in subsection (b) or (d). However, a penalty may not be assessed as
to any estimated payments of utility receipts tax that equal or exceed:
(1) twenty percent (20%) of the final tax liability for the taxable
year; or
(2) twenty-five percent (25%) of the final tax liability for the
taxpayer's previous taxable year.
In addition, the penalty as to any underpayment of tax on an
estimated return shall be assessed only on the difference between the
actual amount paid by the taxpayer on the estimated return and
twenty-five percent (25%) of the taxpayers's final utility receipts tax
liability for the taxable year.
As added by P.L.192-2002(ss), SEC.47. Amended by P.L.269-2003,
SEC.2.
Last modified: May 28, 2006