FIRST REGULAR SESSION

HOUSE BILL NO. 912

93RD GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVE SUTHERLAND.

         Read 1st time March 31, 2005 and copies ordered printed.

STEPHEN S. DAVIS, Chief Clerk

2199L.01I


 

AN ACT

To repeal sections 143.511 and 143.551, RSMo, and to enact in lieu thereof two new sections relating to electronically filed tax returns.





Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Sections 143.511 and 143.551, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 143.511 and 143.551, to read as follows:

            143.511. 1. Income tax returns required by sections 143.011 to 143.996 shall be filed on or before the fifteenth day of the fourth month following the close of the taxpayer's taxable year except where the taxpayer is an exempt organization. Exempt organizations shall have the same due date as set by the Internal Revenue Code of 1986, as amended. A person required to make and file a return under sections 143.011 to 143.996 shall, without assessment, notice, or demand, pay any tax due thereon to the director of revenue on or before the date fixed for filing such return (determined without regard to any extension of time for filing the return). The director of revenue shall prescribe by regulation the place for filing any return, declaration, statement, or other document required pursuant to this chapter and for the payment of any tax.

            2. Any person acting as a practitioner or preparer, and who completes and files more than two hundred individual income tax returns each year, is required to file and pay such returns electronically, as prescribed by the director of revenue.

            143.551. 1. The director of revenue may grant a reasonable extension of time for payment of tax or estimated tax or any installment thereof, or for filing any return, declaration, statement, or other document required in sections 143.011 to 143.996 on such terms and conditions as he or she may require. Except for a taxpayer who is outside the United States, no such extension for filing any return, declaration, statement, or document, shall exceed six months.

            2. If a taxpayer has been granted an extension of time for filing his or its federal income tax return, the filing of a copy of the extension or the form relating to an automatic extension with the director of revenue shall automatically extend the due date of the income tax return required by sections 143.011 to 143.996. If a taxpayer has been granted an extension of time for filing his or her federal tax return electronically, the Missouri individual income tax return shall have the same due date, as long as such return is also filed electronically.

            3. If a taxpayer has been granted an extension of time for paying his or its federal income tax, the filing of a copy of the extension with the director of revenue shall automatically extend the time for the payment of the tax required by sections 143.011 to 143.996.

            4. If the time for filing a return is extended under subsection 2, but the time for payment is not extended under subsection 3, the taxpayer shall pay, on or before the date prescribed for the filing of the return (determined without regard to any extensions of time for such filing), the amount properly estimated as his or its tax for the taxable year.