Section 16B: Payment of taxes; penalty for underpayment; issuance of regulations

422 words·~2 min read·/ma/part-i/title-ix/chapter-62c/16b

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Section 16B. Notwithstanding the due date of the return as set forth in section 16 or the payment date as set forth in section 32 or any other general or special law to the contrary, a payment of tax shall be made in advance of the filing of the return required under subsection

(g)or

(h)of said section 16 not later than the twenty-fifth day of the last month of the filing period; provided, however, that such payment shall include:

(i)the tax collected for any taxable sale made during the days in the filing period occurring on or before the twenty-first day of the last month of the filing period; or

(ii)not less than 80 per cent of the tax collected on the gross receipts from taxable sales during the immediately preceding filing period; provided further, that this section shall not apply to operators whose cumulative room occupancy excise liability in the immediately preceding calendar year with respect to returns filed under said subsection

(g)of said section 16 is not more than $150,000; provided further, that this section shall not apply to vendors whose cumulative sales tax liability in the immediately preceding calendar year with respect to returns filed under said subsection

(h)of said section 16 is not more than $150,000; provided further, that this section shall not apply to a materialman who files a return with the commissioner pursuant to said subsection

(h)of said section 16; and provided further, that tax collected for any taxable sale made during the remaining days of the filing period for which tax was not previously remitted shall be remitted at the time the return for that filing period is required to be filed. A payment made under this section shall be credited against the actual tax liability due on the return required for the filing period.

A penalty of 5 per cent of the amount of an underpayment shall be imposed unless such underpayment is due to a reasonable cause; provided, however, that such penalty shall not be imposed if the payment made on or before the date prescribed in this section is not less than 70 per cent of the total tax collected during the filing period. For the purposes of this paragraph, the term ''underpayment'' shall mean the excess of the amount of the payment required under this section over the amount, if any, paid on or before the date prescribed therefor.

The department of revenue shall promulgate regulations and issue guidance necessary to implement this section.