HB0220 - Electrical generation tax.
|
2001 |
State of Wyoming |
01LSO-0583 |
HOUSE BILL NO. HB0220
Electrical generation tax.
Sponsored by: Representative(s) Boswell and Senator(s)
Mockler
A BILL
for
1 AN ACT relating to
taxation and revenue; imposing an excise
2 tax
upon the production of electricity as specified;
3
providing a rate; providing rulemaking authority; providing
4 a
penalty; reducing the sales tax paid on utilities; and
5
providing for effective dates.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S. 39-22-101 through 39-22-111 are
10 created to read:
11
12 CHAPTER 22
13 TAX UPON PRODUCTION OF ELECTRICITY
14
15 39-22-101. Definitions.
16
Page 1
1
There are no specific applicable provisions for definitions
2 for
this chapter.
3
4 39-22-102. Administration.
5
6 The
department of revenue shall enforce the provisions of
7
this section. The department shall promulgate rules and
8
regulations necessary for the implementation and
9
enforcement of this section.
10
11 39-22-103. Imposition.
12
13 There is levied an excise tax upon the
privilege of
14 producing electricity in this state. The tax
shall be
15 imposed upon the production of any
electricity generated
16 for sale or trade.
17
18 39-22-104. Taxation rate.
19
20 The tax rate shall be one-half (1/2) mill
upon each
21 kilowatt hour, or portion thereof, produced
in this state.
22
23 39-22-105. Exemptions.
24
Page 2
1 No
tax shall be imposed upon electricity which is produced
2 for
the personal consumption of the producer.
3
4 39-22-106. Licensing; permits.
5
6
There are no specific applicable provisions for licenses
7 and
permits for this chapter.
8
9 39-22-107. Compliance; collection procedures.
10
11 (a) Returns and
reports. Any person producing
12 electricity in this state shall report the
amount of
13 kilowatt hours produced on or before
February 1 of the year
14 immediately following the year in which the
electricity was
15 produced.
16
17 (b) Payment.
Any person owing a tax under this
18 chapter shall pay the tax once each year on
or before
19 February 1 of the year immediately following
the year in
20 which the electricity was produced. The tax
shall be
21 collected by the department of revenue.
22
23 (c) Timelines.
There are no specific applicable
24 provisions for timelines for this chapter.
Page 3
1
2 39-22-108. Enforcement.
3
4 (a) Audits.
There are no specific applicable
5
provisions for audits for this chapter.
6
7 (b) Interest.
Interest at an annual rate equal to the
8
average prime interest rate as determined by the state
9
treasurer during the preceding fiscal year plus four
10 percent (4%) shall be added to all
delinquent taxes under
11 this chapter. To determine the average prime
interest rate,
12 the state treasurer shall average the prime
interest rate
13 for at least seventy-five percent (75%) of
the thirty (30)
14 largest banks in the United States. The
interest rate on
15 delinquent taxes shall be adjusted on
January 1 of each
16 year following the year in which taxes first
became
17 delinquent. In no instance shall the
delinquent tax rate be
18 less than twelve percent (12%) nor greater
than eighteen
19 percent (18%).
20
21 (c) Penalties. The following shall apply:
22
23 (i) If any
person fails to make or file a return
24 and remit the tax as required by this
chapter the
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1
department shall impose a penalty of five percent (5%) of
2 the
taxes due for each thirty (30) day period, or fraction
3
thereof, elapsing between the due date of the return and
4 the
date filed, unless the person for good cause obtains
5
from the department an extension of time for filing prior
6 to
the due date for filing. In no event shall the total
7
penalty imposed by this subsection exceed twenty-five
8
percent (25%) of the tax due. The department, for good
9
cause, may waive a penalty imposed for failure to file a
10 return for any one (1) month in a calendar
year, provided
11 that:
12
13 (A) The return
was filed within five (5)
14 business days following the due date,
including an approved
15 extension period; and
16
17 (B) The
taxpayer requests the waiver in
18 writing within fifteen (15) days after the
return was
19 filed, setting forth the reasons for the
late filing.
20
21 (ii) If any part
of a tax deficiency is due to
22 negligence or intentional disregard of rules
and
23 regulations there shall be added a penalty
of five percent
24 (5%) of the amount of the deficiency plus
interest as
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1
provided by subsection (b) of this section. The taxes,
2
penalty and interest shall be paid by the taxpayer within
3 ten
(10) days after receipt of notice and demand by the
4
department;
5
6 (iii) Taxes due
together with interest,
7
penalties and costs shall be collectible by the department
8 by
appropriate judicial proceedings;
9
10 (iv) The
department may credit or waive
11 penalties imposed by this section as part of
a settlement
12 or for any other good cause.
13
14 (d) Liens. Any
delinquent tax is a lien upon the
15 property of any owner from and after the
time the tax is
16 due until the tax is paid. The tax lien
shall have
17 preference over all liens except any valid
mortgage or
18 other liens of record filed or recorded
prior to the date
19 the tax became due.
20
21 (e) Tax sales.
There are no specific applicable
22 provisions for tax sales for this chapter.
23
24 39-22-109. Taxpayer remedies.
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1
2
There are no specific applicable provisions for taxpayer
3
remedies for this chapter.
4
5 39-22-110. Statute of limitations.
6
7
There are no specific applicable provisions for a statute
8 of
limitations for this chapter.
9
10 39-22-111. Distribution.
11
12 The proceeds from the tax imposed by this
chapter shall be
13 deposited in the general fund.
14
15 Section 2. W.S. 39-15-104
by creating a new
16 subsection (f) is amended to read:
17
18 39-15-104. Taxation rate.
19
20 (f) Notwithstanding the other provisions of this
21 section,
the tax rate for the sales price paid to public
22 utilities
pursuant to W.S. 39-15-103(a)(i)(E) shall be two
23 percent
(2%).
24
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2
3 (a) Section 2 of this act is effective July 1, 2001.
4
5 (b) The remainder of this act is
effective July 1,
6
2003.
7
8 (END)
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