News From the SALT Minds

State and Local Tax (SALT) | Chris Vignone | Sep 20, 2013

Summary. From September 16, 2013 through November 15, 2013, the Connecticut Department of Revenue Services will be conducting a wide-ranging tax amnesty program for pre-November 30, 2012 tax years for all types of Connecticut taxes except the motor carrier road tax.

Background. Effective July 1, 2013, Section 70 of Connecticut Public Act No. 13-184 creates a limited time tax amnesty period, (September 16, 2013 through November 15, 2013), during which any delinquent, deficient, or non-filer Connecticut taxpayers may apply for amnesty with the Connecticut Department of Revenue Services. If the taxpayer makes the amnesty application along with the payment of tax and interest during the amnesty period, the Department of Revenue Services will waive civil penalties and not pursue criminal charges.

The program is available for any Connecticut tax except for the motor carrier road tax and is available for tax years ending on or before November 30, 2012. It is not available for taxpayers subject to pending criminal investigation or criminal litigation on July 1, 2013; any taxpayer that has entered into a closing agreement with or had an offer in compromised accepted by the Department of Revenue Services; or, any taxpayer that is part of a managed audit agreement. The amnesty applications absolutely waive any judicial or administrative rights of appeal for the taxpayer. Payments made under the program cannot subsequently be refunded or credited to the taxpayer.

Under the amnesty program, interest is calculated at 1% per month on past due tax. If the taxpayer pays all outstanding taxes and interest during the amnesty period, interest will be reduced by 75% to 25% of what would otherwise be due. If a taxpayer has not filed a return for a period in its amnesty application, the taxpayer will be subject to a 25% penalty in addition to taxes and interest otherwise due.

Prager’s Take. This amnesty program provides an excellent opportunity for delinquent taxpayers and non-filers to come clean with the State of Connecticut. Taxpayers should be cautioned, however, that they should identify all allowable deductions and credits in Connecticut prior to starting to file under this program since no tax payments under the amnesty program can later be refunded.

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