News and Insights

Missouri Governor Signs House Bill 384, Creating Tax Amnesty Program

Tax Development Apr 28, 2015

On April 27, 2015, Missouri Governor Jay Nixon signed House Bill 384 (“H.B. 384”), creating a Tax Amnesty Program (“Program”) for taxes administered by the Missouri Department of Revenue, including state income and franchise taxes, withholding taxes, and sales and use taxes.

The Program will be conducted from September 1, 2015 to November 30, 2015. The Program will waive penalties, additions to tax and interest on taxpayers who failed to file, underreported, or did not pay the tax liability for Missouri income and franchise taxes, withholding taxes, and sales and use taxes due but unpaid on or before December 31, 2014. The Program is not available to any taxpayer who at the time of payment is party to any criminal investigations or to any civil or criminal litigation for nonpayment, delinquency, or fraud in relation to any tax imposed by Missouri. In order to qualify for the Program, the taxpayer must (1) apply for the Program, (2) file a tax return for each taxable period for which amnesty is requested, (3) pay the entire balance of tax due by November 30, 2015, and (4) agree to comply with state tax laws for the next eight years. Payment of tax under the Program shall constitute an express and absolute relinquishment of all administrative and judicial rights of appeal, and any tax remitted under the Program is not eligible for a refund or credit.

H.B. 384 also creates an “Office of Taxpayer Advocate” to provide independent assistance to taxpayers and a “Study Commission on State Tax Policy” to examine Missouri’s state and local tax structure and provide recommendations for legal and administrative changes, along with proposed legislation for adoption by the general assembly.