Texas Taxpayer Amnesty Program 2012

From June 12 through August 17, 2012, the Texas Comptroller of Public Accounts is conducting an amnesty program for eligible taxpayers. Under the program, the Comptroller will waive penalties and interest for businesses that file delinquent tax reports and pay all taxes due, or amend reports that underreported taxes and pay the taxes due.

The amnesty is available for all state and local taxes and fees administered by the Comptroller’s office, with the exception of Public Utility Commission gross receipts assessments. This includes over 60 different taxes and fees, including: franchise taxes, hotel taxes, inheritance taxes, motor vehicle-related taxes, and sales and use taxes. Some taxes not covered by the amnesty include sports and community venue taxes and property taxes.

Eligible taxpayers include those who did not file a required return or report originally due before April 1, 2012 or underreported taxes or fees due for any reason, such as erroneously claiming credits or deductions. The amnesty also does not apply to underpaid tax returns (tax that was reported but not paid) or to filing periods under audit or examination, or where the Comptroller has given notice of an audit or examination.

Eligible taxpayers who fail to timely participate in the program, and who later are determined to owe tax, will be responsible for all taxes, fees, penalties, and interest owed.

If you have any questions regarding the contents of this newsletter, please contact the following attorneys in the firm’s State and Local Tax Practice Group.

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These materials have been prepared by Winston & Strawn LLP for informational purposes only and are not legal advice. These materials do not constitute legal advice and cannot be relied upon by any taxpayer for the purpose of avoiding penalties imposed under the Internal Revenue Code.  Receipt of this information does not create an attorney-client relationship. No reproduction or redistribution without written permission of Winston & Strawn LLP.

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© 2012 Winston & Strawn LLP