Wiping the Slate Clean: Texas’ 2012 Tax Amnesty Program

Are you worried because your company has unreported or under-reported Texas state taxes?  Have you been making taxable sales in Texas without a permit? Do you want to remedy the situation but worry that bringing the mistake to the attention of the Comptroller will subject your business to hefty penalties and interest?

Company officers are often surprised to learn that several options are available to them if they find they have become delinquent on state and local taxes. Although it may appear as if there is no recourse in these situations, companies can settle delinquent accounts with state taxing authorities and are often eligible to have the penalties and interest on these accounts waived

While a VDA (Voluntary Disclosure Agreement) may be filed by a company in participating states at any time, many states also implement periodic amnesty programs. These programs usually allow those that have failed to file tax reports (or have incorrectly reported a lower tax amount) during a specific period to come forward and pay the taxes owed. In most cases, the penalties and interest for these taxes is forgiven by the state taxing authority.

Companies doing business in Texas have the opportunity to take advantage of an amnesty program beginning this June. Texas Comptroller Susan Combs has announced that the Fresh Start program will run from June 12 through August 17, 2012, during which time businesses can, according to Combs, “set their tax records straight and save money by not having to pay penalty and interest on tax reports they had failed to file.”

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California’s Amnesty Program a Win-Win

As a firm that is often contacted when companies are faced with costly state tax, penalty, and interest assessments, MAXIMUS strongly advocates the use of state amnesty programs or Voluntary Disclosure Agreements (VDAs) when they are available and when it makes sense. Taking part in programs of this type represents a positive, pro-active step that companies can take if they find they have failed to properly collect state taxes. In many cases, states offering these programs will reduce or waive penalties and/or interest on delinquent taxes and may also reduce the length of the look-back period for the company in question. In return, states are able to collect delinquent taxes and bring companies into compliance, insuring future revenue.

According to Forbes’ Robert W. Wood, California’s VCI2 program has enjoyed exactly this type of success. The program allowed companies that had underreported income tax liabilities to amend their returns for 2010 and previous years in order to receive a penalty waiver. The program has raised a total of $350 million for the state of California and we assume that several companies in danger of receiving large penalty assessments are now in the clear and in compliance with their California state tax reporting.

Many states offer similar programs, for lots of different tax types. If you believe you may have unreported or underreported state tax liabilities, it may be time for you to look into such programs. MAXIMUS has assisted many clients with this process, in several different states. Please contact us if you’d like more information.