Second Regular Session S.B. 1004
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1004
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 42-1129, Arizona Revised Statutes, is amended to read:
42-1129. Payment of tax by electronic funds transfer
A. The department may require by rule, consistent with the state treasurer's cash management policies, that any tax administered pursuant to this article, except individual income tax, be paid on or before the payment date prescribed by law in monies that are immediately available to the state on the date of the transfer as provided by subsection B of this section by any taxpayer that owes:
1. Twenty thousand dollars or more for any taxable year ending before January 1, 2019.
2. Ten thousand dollars or more for any taxable year beginning from and after December 31, 2018 through December 31, 2019.
3. Five thousand dollars or more for any taxable year beginning from and after December 31, 2019 through December 31, 2020.
4. Five hundred dollars or more for any taxable year beginning from and after December 31, 2020.
B. A payment in immediately available monies shall be made by electronic funds transfer, with the state treasurer's approval, that ensures the availability of the monies to this state on the date of payment.
C. A taxpayer may apply to the director, on a form prescribed by the department, for an annual waiver from the electronic payment requirement prescribed by subsection B of this section. The application must be received by the department on or before December 31. The director may grant the waiver, which may be renewed, if any of the following applies:
1. The taxpayer has no computer.
2. The taxpayer has no internet access.
3. Any other circumstance considered to be worthy by the director.
D. If a taxpayer remits a payment in the form of a check rather than an electronic payment pursuant to subsection B of this section, the director shall accept the payment with a notice that future payments in violation of this section may be subject to civil penalties prescribed by section 42‑1125, subsection O unless the taxpayer applies for and obtains a waiver under this subsection. The taxpayer must apply to the director for the waiver, on a form prescribed by the department. if the taxpayer currently has no delinquent tax account with the department, the director shall issue a perpetual waiver on receiving the complete and correct application from the taxpayer. A waiver issued under this subsection operates in lieu of a waiver issued under subsection C of this section, is not subject to annual renewal, and the taxpayer is not thereafter required to make electronic payments pursuant to this section.
D. E. The taxpayer shall furnish evidence as prescribed by the department that the an electronic payment was remitted on or before the due date.
E. f. A taxpayer who is required to make payment by electronic funds transfer but who fails to do so is subject to the civil penalties prescribed by section 42‑1125, subsection O.
F. G. A failure to make a timely payment in immediately available monies as prescribed pursuant to this section is subject to the civil penalties prescribed by section 42‑1125, subsection D."
Amend title to conform