HB 151

Sponsor
Session
Regular Session 2018
Title
Sales tax, licenses from Revenue Dept., two-year surety bond required with new or renewal sales tax license registration under certain conditions and certain non-compliant licenses, Sec. 40-23-6 am'd.
Description

Under existing law, any person making retail sales of tangible personal property is required to obtain a license from the Department of Revenue

The licensee is required to collect sales tax from its customers and hold these taxes in trust for the state. The licensee must remit these taxes to the Department of Revenue as they become due

This bill will require certain businesses registering for a new sales tax license or renewing an expired or cancelled license to acquire a one-time surety bond for a two year period and require certain existing licensees who become non-compliant to purchase and maintain a one-time surety bond for a two year period in order to ensure that the trust fund taxes collected by a licensee are received by the state

To amend Section 40-23-6, Code of Alabama 1975, relating to the license required to engage in business; to require a one-time surety bond for a two year period for certain licensees.

Subjects
Taxation
View Original PDF: HB 151 - Introduced - PDF

Under existing law, any person making retail sales of tangible personal property is required to obtain a license from the Department of Revenue

The licensee is required to collect sales tax from its customers and hold these taxes in trust for the state. The licensee must remit these taxes to the Department of Revenue as they become due

This bill will require certain businesses registering for a new sales tax license or renewing an expired or cancelled license to acquire a one-time surety bond for a two year period and require certain existing licensees who become non-compliant to purchase and maintain a one-time surety bond for a two year period in order to ensure that the trust fund taxes collected by a licensee are received by the state

To amend Section 40-23-6, Code of Alabama 1975, relating to the license required to engage in business; to require a one-time surety bond for a two year period for certain licensees.

Section 1

Section 40-23-6, Code of Alabama 1975, is amended to read as follows:

§40-23-6.

(a) If any person shall engage in or continue in any business for which a privilege tax is imposed by Section 40-23-2 as a condition precedent to engaging or continuing in such business, he shall apply for and obtain from the Department of Revenue a license to engage in and to conduct such business for the current tax year upon the condition that he shall pay the taxes accruing to the State of Alabama under the provisions of this division; provided, that no license shall be issued under the provisions of this division to any person who has not complied with the provisions of this division, and no provision of this division shall be construed as relieving any person from the payment of any license or privilege tax now or hereafter imposed by law.

(b)(1) Any person applying for an initial license or the renewal of an expired or cancelled license on or after January 1, 2020, who is in the business of selling at retail products that may be purchased from a seller, as defined in Section 40-23-260, Code of Alabama 1975, shall be required to purchase and maintain a one-time surety bond for a two year period, executed by the applicant as principal and by a corporate surety company qualified to do business in this state as surety, in the amount of twenty-five thousand dollars ($25,000). The bond shall be in a form to be approved by the commissioner and shall be conditioned upon the licensee collecting and remitting sales tax pursuant to this chapter and any rules promulgated thereunder. The bond shall be payable to the commissioner and to his or her successors in office.

(2) The department shall provide a waiver for the surety bond as required pursuant to subsection (b)(1) where the person applying for an initial license or the renewal of an expired or cancelled license and a current licensee are related parties as defined in Section 40-23-190(b), Code of Alabama 1975, or members of a controlled group of corporations as defined in 26 U.S.C. Section 1563, or with respect to any other business, whether or not incorporated, which would be members of a controlled group if similar rules applied to the business, and the related party’s current licensee has been compliant over the previous two year period.

(c)(1) Any licensee who becomes non-compliant in the collection and remittance of sales tax during any period occurring on or after January 1, 2020, shall be required to purchase and maintain a one-time surety bond for a two year period in the amount of the actual sales tax liability for the three months immediately preceding the non-compliant period, however not less than the amount as prescribed in subsection (b)(1). For the purpose of this section, a licensee shall be deemed non-compliant when a final assessment that has been entered against the licensee is no longer subject to appeal and the licensee has not paid or otherwise satisfied the liability associated with the final assessment within thirty days from the date on which the final assessment was no longer subject to appeal. The surety bond shall be in a form to be approved by the commissioner and shall be conditioned upon the licensee collecting and remitting sales tax pursuant to this chapter and any rules promulgated thereunder. The bond shall be payable to the commissioner and to his or her successors in office.

(2) The department shall notify a licensee at his or her last known address by first class U.S. mail or by certified mail, return receipt requested, when a bond is being required pursuant to subsection (c)(1). The licensee shall, within thirty days from the date the notice is mailed by the department, either file the bond as requested by the department or file a notice of appeal with the Alabama Tax Tribunal as allowed under Section 40-2A-8(a). The department may immediately cancel a license upon the expiration of the thirty day period set out above if the licensee fails to either provide the required surety bond or timely appeal to the Alabama Tax Tribunal. Furthermore, a cancelled license shall not be renewed until the licensee provides the required surety bond.

(d) After two years of continuous compliance, a licensee shall be exempt from the surety bond requirement so long as the licensee collects and timely remits sales tax pursuant to this chapter and any rules promulgated thereunder."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or upon its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 27, 2018HDelivered to Governor at 2:28 p.m. on March 27, 2018.
March 27, 2018HAssigned Act No. 2018-508.
March 27, 2018HClerk of the House Certification
March 27, 2018SSignature Requested
March 22, 2018HEnrolled
March 22, 2018HPassed Second House
March 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 1078
March 22, 2018SThird Reading Passed
March 8, 2018SRead for the second time and placed on the calendar
February 27, 2018SRead for the first time and referred to the Senate committee on Finance and Taxation Education
February 22, 2018HMotion to Read a Third Time and Pass adopted Roll Call 462
February 22, 2018HThird Reading Passed
January 18, 2018HRead for the second time and placed on the calendar
January 11, 2018HRead for the first time and referred to the House of Representatives committee on Ways and Means Education
2018-03-22
Chamber: Senate
Result: Passed
2018-02-22
Chamber: House
Result: Passed