State and Local Tax Services - Accounts Payable Review, State Audit Representation

State and Local Tax Services - The SALT Group - HJH Consulting Company

For Immediate Release
July 5, 2002

MISSOURI ABATEMENT OF TAX OBLIGATIONS OFFERED

Effective July 1, 2002, the Missouri Department of Revenue may abate all or part of Missouri sales and use tax liabilities and related penalties and interest if a Taxpayer was reasonably diligent in determining whether the amounts were owed, or reasonably believed that the transactions were not subject to tax and that the disputed amounts were not owed.

The Department may also agree to compromise any tax, interest, penalties, or additions to tax if a Taxpayer does not have the ability to pay the amount assessed or collection of the tax would result in severe economic hardship to the Taxpayer. Failure to pay the taxes must be a result of circumstances beyond the reasonable control of the Taxpayer and not a result of negligence on the part of the Taxpayer.

To qualify for either an abatement or compromise of taxes, a Taxpayer must agree to pay its own attorney’s fees and may not contest the amount of the liability to be abated or compromised. In turn, the state will be allowed to keep all payments and other credits applied to the full liability and any amounts due the Taxpayer as a result of tax overpayments for periods ending before or as of the end of the calendar year in which the offer is accepted.

The statute of limitations applicable to the compromised tax liability is tolled for a period beginning on the date of the compromise and ending one (1) year after the last payment is due pursuant to the formal agreement entered into by the Taxpayer and the Director of Revenue.

If you would like additional information or have any questions, please contact J. Lynne Fontana, Regional Vice President - Sales & Use Tax Group at (281) 578-3700. E-mail lfontana@thesaltgroup.com

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